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Home My WebLink About31A - CUP - 1029 E 4TH STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2015 -20 TO ALLOW A 60 -FOOT TALL WIRELESS FACILITY FOR VERIZON WIRELESS AT 1029 EAST FOURTH STREET — CORE DEVELOPMENT SERVICES, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5) CITY MA WAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -20 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on December 14, 2015 by a vote of 5:0 (Alderete absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -20 as conditioned to allow a 60 -foot high wireless facility disguised as a eucalyptus tree at 1029 East Fourth Street located in the Specific Development No. 84 (SD84) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Verizon 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 facility the appearance of a eucalyptus tree, the tower has been 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 an enclosure that measures approximately 12 feet by 14 feet for a total of 168 square feet. This enclosure will be located at the rear (north) of the existing building, adjacent to an existing trash enclosure, while the mono - eucalyptus itself will be freestanding outside the equipment enclosure. Two 36 -inch box eucalyptus trees will be planted to the sides (east and west) of the facility. In addition, vines will be planted along the perimeter of the equipment enclosure. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2015 -20 —Wireless Facility at 1029 East Fourth Street January 19, 2016 Page 2 STRATEGIC PLAN ALIGNME Approval of this item supports the City's efforts to meet Goal #3 a Economic Development, Objective #2 (create new opportunities for business /Job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Objective #5 (leverage private Investment that results in talc base expansion and job creation citywide), ..s ®r Hassan Haghanl, AICP Executive Director Planning & Building Agency AP:rb ap\reportaf5tatr Roporta for MOUP10.2® vorlaon Hathaway Monnemae Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action IJi-Jk IZIT1TeXITOUTIET11:3a[+•jmlT� k !• L DECEMBER 14, 2015 TITLE: PUBLIC HEARING - FILED BY CORE DEVELOPMENT SERVICES FOR CONDITIONAL USE PERMIT NO. 2015- 20 TO ALLOW A 60 -FOOT- TALL WIRELESS FACILITY FOR VERIZON WIRELESS AT 1029 EAST FOURTH STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ali Pezeshkpo /ur xecutive Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Planning Manag r RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2015 -20 as conditioned. Request of Applicant Core Development Services, representing Verizon Wireless, is requesting approval of a 60 -foot high wireless facility ( "mono- eucalyptus ") at 1029 East Fourth Street. Major wireless communication facilities require approval of a conditional use permit (CUP) pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is located on a 1.18 -acre parcel of land located on the north side of Fourth Street at the northern terminus of Breeden Street. The site is currently improved with a restaurant building, surface parking areas, landscaping, perimeter walls, and trash enclosure. The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for commercial land uses. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is the Transit Zoning Code /Specific Development (SD) No. 84. The Transit Zoning Code contains a land use regulating plan that also allows for commercial uses with ancillary wireless facilities. The proposed use is also consistent with the zoning designation, Land uses surrounding the site include industrial uses to the north, east and west, and a trucking center to the south (Exhibits 1, 2 and 3). Project Description Verizon 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 facility the appearance of a natural tree, the tower has been designed to have branches that EXHIBIT A 31A-3 CUP No. 2015 -20 December 14, 2015 Page 2 will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within an enclosure that measures approximately 12 -feet by 14 -feet for a total of 168 square feet. This enclosure will be located at the rear (north) of the existing building, adjacent to an existing trash enclosure, while the mono - eucalyptus itself will be freestanding outside the equipment enclosure. Two 36 -inch box live eucalyptus trees will be installed to the sides (east and west) of the facility to assist with stealthing, with vines planted along the perimeter of the equipment enclosure (Exhibits 4, 5 and 6). Protect Background In April 2015, Core Development Services submitted plans to install a new wireless facility at this location. After a review of the proposal, staff provided feedback to assist the applicant with complying with the minimum SAMC standards for major wireless communication facilities, including the installation of two live trees and vines along the perimeter of the enclosure. The screening and the proposed landscape improvements are designed to comply with the City's standards. The site is owned by De Anda Family Limited Partnership and occupied by Taqueria De Anda, a regional restaurant chain offering Mexican cuisine. The restaurant has been at the subject location since 1997. Taqueria De Anda will be leasing a total of 548 square feet to Verizon for the installation of the facility. Protect Anatvsis 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 Verizon 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. Staff has reviewed the applicant's request to operate a major wireless communication facility at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staffs recommendation of approval for the conditional use permit. As part of the development review of the project, staff worked closely with the applicant to identify the appropriate design of the major wireless communication facility and landscape improvements to be required in tandem with the facility and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of vines to deter graffiti, and to minimize the project's overall impacts on the surrounding community. 31A-4 CUP No. 2015 -20 December 14, 2015 Page 3 This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon Wireless by expanding cellular and data coverage in the area. The proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA), Finally, the use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter Al (Zoning Code) of the SAMC. The 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 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 monopole, In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' Impacts. The monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. 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 adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. Public Notification The project site is located within the Lacy Neighborhood Association. Staff contacted the president of the association, who did not identify any concerns with the 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. The Section 15303 (Class 3) exemption consists of the construction of small structures. Categorical Exemption Environmental Review No. 2015 -38 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), as well as Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31A-5 CUP No. 2015 -20 December 14, 2015 Page 4 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -20 as conditioned. r Ali Pezeshkpour, AICP Assistant Planner I AP:jm aplreporWStaN Raporl for MCUP15 -20 Verizan Hathaway Monoeuc.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 31A-6 SEVENTEENTH ST. cl CS C2 t"n Ml q-1 SP.3 H2 01 1 M2 UNI TV v R3 TV p TV i it El "gar 's — T S 01 GCD 1,0 .... fflE P SaE K FT� ol N., 0 C uc UN2 < Or Pi DT HT I W uW uxx 0 JN2 JN2 UN2 ruT 1�1 I uml U ' /N2 Lj UNI " N" N2 'T OT UNT i !!!!!d� a RP I IE 'I r-lr-n r-If 1 11 1 1 71 F, RST ST, Al GENEVIAGRCUUUML CR COMMEECAL9.140ENnAL m ONGLEFAMILYFLUDWAL -8 FAWNGM0Dn=0N x C9VEdJM6VTWJTEi m WFAMILYFOUNCE r W 03MMEROAL MUTH MAIN mi UGFMNrXJSfRAL m mwRE EaymmnPLE ol 00MMUNWOWMEMAL M2 HMWINDLISRAL FAMUREEIDENCL Ul.MD OWM CQMMSPCLALlMUSWMDL3lRCT MO MILIAWCMiWNS PA ELKWANAMRIMEN" C2 GENERALCOMMMAL 0 OMENSFAGE FE �DGNTIA-fb7ATE m CRffRAL8J9NEE;9 P FROFESS"t m S-EJllCDeS0PM8NT W CaML9J9NESSoARnSTMlELAGE mD P-ANNE)"MUNJwQW&O WT SP 87MHCRAN G4 PLANNEDSIONINGC94TER m PLANNED F=WALDEBLOPMENT C8 AMMALO)MMOUAL CUP 2015-20 VERIZON HATHAWAY MONO-EUC. Sy 1029 EAST FOURTH STREET 500 FEET 1000 FEET P L A N N I N G A N D 8 U I L 0 1 N G A G E N C Y EXHIBIT I VICINITY MAP 31A-7 h LL, w h C) Lu ee d l7 1 - q 0 2 N '7 N P INDUSTRIAL n I INDUSTRIAL RECYCLING CENTER INDUSTRIAL 4TH INDUSTRIAL ims STREET T 0 U C K CENTIE8 3RD STREET VACANT IND STRIAL I 7.1"I ITC PUBLIC STORAGE S f �I r 0 0 INDUSTRIAL: VERIZON HATHAWAY MONO -EUC. 1029 EAST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 SANTA ANA ,y REGIONAL ! INDUSTRIAL C, TRANSPORTATION w p CENTER m INDUSTRIAL 9 � "rte i r STREET h r W r INQLS IAL INDUSTRI a H INDUSTRIAL 0 d r — r t•- I— u ,e r N .,... to Z SITE : ims STREET T 0 U C K CENTIE8 3RD STREET VACANT IND STRIAL I 7.1"I ITC PUBLIC STORAGE S f �I r 0 0 INDUSTRIAL: VERIZON HATHAWAY MONO -EUC. 1029 EAST FOURTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 r _ .� ;� ;� �: K... _ . �, Y G °iyyy ,eu 8 55%8 -i; \ '> ZE� i r �l I and it �> s i Am, 1 n!N`i1Tv` P V� Q FT1 x € E 6N 9 2 s i ti c$ � NMI 3y eb�eea �1 App Y tq $ S j gS s' s § � i b 3e �•S C� YES ej FT1 9 2 s i ti c$ � NMI 3y eb�eea �1 App Y tq $ S j gS s' s § � i b 3e �•S C� YES ej a�r� 3 @� a N yJ J TO. ➢ s �§ �, �a�# a 8 :u��i 1 y t 4 it h. I[ a �� 3 _- N A, 1, ._ 3i B sb A3 ciSg�" s, '� 5 ffia �3a € im Mad ask 1 WAX, ZV�f FA DRAW £ 54£ 11 1 sIf� ys g E R Eh' G F 3 C i F" CliN Own! v S SRI @� a N yJ J TO. ➢ s �§ �, �a�# a 8 :u��i 1 y t 4 it h. I[ a �� 3 _- N A, 1, ._ 3i B sb A3 ciSg�" s, '� 5 ffia �3a € im Mad ask 1 WAX, ZV�f FA DRAW £ 54£ 11 1 sIf� ys g E R Eh' G F 3 C i F" CliN F 2 T� .1. W N a w N d 31 A�112T S LS 12.8.15 RESOLUTION NO. 2015 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015 -20 AS CONDITIONED FOR A MAJOR WIRELESS FACILITY AT THE PROPERTY LOCATED AT 1029 EAST FOURTH 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, Applicant is requesting approval of Conditional Use Permit No. 2015 -20 to allow a 60 -foot high major wireless communication facility at the property located at 1029 East Fourth Street. 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 December 14, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -20, 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 -20 to allow for a major wireless facility: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The project will continue to provide a service or facility which will contribute to the community. The major wireless communication facility will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon "s services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. The issuance of a new conditional use permit will allow the provider to provide a service to the surrounding community. 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 -xx Page 1 of 6 31A -13 The issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area, The mono - eucalyptus, in conjunction with the onsite landscaping, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the monopole's location at the rear of the site and site enhancements will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to 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 facility will be stealthed by its design and surrounding landscape improvements 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 major wireless communication 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 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 monopole's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Policy 2.2 encourages Resolution No. 2015 -xx Page 2 of 6 31A -14 land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the 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 from further review per Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposed application is to approve a conditional use permit to allow a major wireless facility on a property that is already served by public services and facilities, such as roadways, utilities, and parking. Categorical Exemption Environmental Review No. 2015 -38 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 -20 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1029 East Fourth Street. 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 December 23, 2015, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 14t�' day of December, 2015. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson 31A-15 Resolution No. 2015 -xx Page 3 of 0 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 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 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 23, 20'15. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2015 -xx Page 4 of 5 31A -16 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2015 -20 Conditional Use Permit No. 2015 -20 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 rip or 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. 2015 -17). 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 facility shall be maintained as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot wireless facility. 4. The proposed mono - eucalyptus shall be constructed per the following specifications: a. Show the location of the GPS antenna on all elevations. b. Provide a °unistrut" detail for the utility cabinet; an "Fl-frame" is not acceptable. c. 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. d. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. Resolution No. 2015 -xx Page 5 of 6 31A -17 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. 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. g. Any dead or missing landscaping along the project site's frontages on East Fourth Street shall be replaced or restored. 10. Any damage to existing structures, walls, parking areas, or landscaping must be repaired before release of utilities or issuance of final occupancy. 11, Conditional Use Permit No. 2015 -20 expires 10 years from the date of City Council approval. Resolution No, 2016 -xx Page 6 of 6 31A -18