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Home My WebLink About31B - CUP - 2700 S FAIRVIEWN • LIIII II10 Lei I• CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016-27 TO ALLOW A 60 -FOOT HIGH WIRELESS COMMUNICATIONS FACILITY FOR SBA COMMUNICATIONS AT 2700 SOUTH FAIRVIEW STREET - VIRTUAL SITE WALK, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 51 CITY MANAGEOZ CLERK OF COUNCIL USE ONLY; ❑ As Recommended ❑ As Amended ❑ Ordinance on la` 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. 2016-27 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on November 28, 2016 by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016-27 as conditioned to renew the existing 60 -foot high major wireless communications facility disguised as a pine tree (mono -pine) located at 2700 South Fairview Street located in the Light Industrial (M-1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Virtual Site Walk, representing SBA Communications, is proposing to renew the entitlements of an existing 60 -foot high wireless communications facility disguised as a pine tree. This facility is intended to provide cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree and to blend with the existing site characteristics, the tower was designed to incorporate fronds that extend eight feet above the top of the panel antennas. Equipment for the wireless facility will continue to be contained within an enclosure that measures approximately 20 feet by 11 feet for a total of 220 square feet. Furthermore, the equipment enclosure and mono -pine are enclosed by a six-foot high metal fence and are located at the rear (southwest corner) of the property. No new or additional antennas or equipment are being installed at this time. As part of this application, the applicant will replace some of the pine tree branches that have deteriorated and faded over the years. This will refresh the site and extend the life of the mono -pine for another 10 years. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31 B-1 CUP No. 2016-27 — SBA Communications Wireless Facility at 2700 South Fairview Street December 20, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - 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 tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hag ni, A&P Executive Director Planning & Building Agency JG:rb WConditional Use Permit\CUP No. 2016-27 at 2700 S. Fairview St\CUP No. 2016-27.cc Exhibit: A. Planning Commission Staff Report 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: NOVEMBER 28, 2016 TITLE: PUBLIC HEARING - FILED BY VIRTUAL SITE WALK FOR CONDITIONAL USE PERMIT NO. 2016-27 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR SBA COMMUNICATIONS AT 2700 SOUTH FAIRVIEW STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Jerry C. __Guevara Executive Director " PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Mana Adopt a resolution approving Conditional Use Permit No. 2016-27 as conditioned. Request of Applicant Virtual Site Walk, representing SBA Communications, is requesting approval of a conditional use permit (CUP) to renew an existing 60 -foot high major wireless ("mono -pine") communication facility located at 2700 South Fairview Street. Major wireless communication facilities require approval of a CUP pursuant to Section 41-198.3(b) of the Santa Ana Municipal Code ($AMC), Project Location and Site Description The existing major wireless communication facility is located on a 283,483 -square -foot (6,5 -acres) parcel of land located on the east side of Fairview Street between Warner Avenue and Segerstrom Avenue. The site is currently developed with an 119,168 -square -foot industrial building and surface parking. The General Plan land use designation for the site is Industrial (IND) and the zoning designation is Light Industrial (M-1). The wireless communications facility is consistent with the General Plan and zoning designations. The property is surrounded by industrial uses to the north, south and west, and multi -family residential to the east (Exhibits 1, 2 and 3). Project Description Virtual Site Walk is proposing to renew the entitlements of an existing 60 -foot high wireless communications facility disguised as a pine tree. This facility is intended to provide cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree and to blend with the existing site characteristics, the tower was designed to incorporate fronds that extend eight feet above the top of the panel antennas. Equipment for the wireless facility will continue to be contained within an enclosure that measure approximately 20 feet by 11 feet for a total of 220 square feet. Furthermore, the equipment enclosure and mono -pine are enclosed by a six-foot high metal fence and are located at the rear (southwest corner) of the property (Exhibits 4 and 5). No new or additional antennas or equipment are being installed at this time. EXHIBIT A 31 B-3 Conditional Use Permit No. 2016-27 November 28, 2016 Page 2 In August 2006, the Planning Commission approved Conditional Use Permit No. 2006-09 to allow the construction of the subject mono -pine and equipment enclosure. Pursuant to SAMC Section 41- 198.3(3), a CUP is required for all major wireless communications facilities in the City. Furthermore, Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five years. Since the adoption of the City's Wireless Communication Facilities Ordinance, State legislative acts have changed and now require that cities approve wireless facilities for a period of not less than 10 years. Since the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain entitlements for the wireless facility current. 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 SBA Communications facility are required to have a stealth design and to be located in an area that provide the greatest amount of visual screening, The existing wireless communication facility was designed as a mono -pine that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated leased area and the ancillary electrical equipment cabinets are screened by landscape. In addition, the wireless facility is surrounded by mature trees and is at the furthermost edge of the property (southwest corner), over 500 feet from South Fairview Street. The stealth tree bark and fronds of the facility remain in place; however, the fronds have faded since the facilities construction 10 years ago. As part of this application, the applicant will replace all fronds that have deteriorated. Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act (47 U.S.G. § 1455(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. Staff believes that replacement of the existing fronds will enhance the appearance of the mono -pine and is in accordance with the Middle Class Tax Relief Act. Furthermore, this location is optimal to provide the coverage necessary for existing and expanding service. The existing facility will continue to provide a benefit to Santa Ana residents, businesses and motorists who subscribe to SBA Communication's services by expanding cellular and data coverage in the area. The 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 continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (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, 31 B-4 Conditional Use Permit No. 2016-27 November 28, 2016 Page 3 Public Notification The project site is not located within the boundary of an established neighborhood association. A notice advertising this public hearing was posted on the project site, published in the Orange County Reporter, and notices were mailed to all property owners and occupants within 500 feet of the project site. At the time of this print, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless communications facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of this project. Categorical Exemption Environmental Review No. 2016-102 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) and Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). Conclusion Baseq on theanalysis provided within this report, staff recommends that the Planning Commission aper e Condition Use Permit No. 2016-27 as conditioned. JAYry Cueva sista Planner) JGJm K: Conditional Use PermittCUP No. 201627 at 2700 5, FaMew SKUP No. 2016-27.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations 31 B-5 0 Mi lul Ml \ \ Mt 11 Mt 0 m 0 m a x AVE Al MWALAGROU:1UMQ R1 L R1 SNG.EF+MILYF l)MAL R1 1 A R1 C _ RI RI R1 R 1 R4 _ L C4 yR2-PSD OOMMEVALWUN MAIN '11, UWINDUMAL R1 MUMPECE97YMULMPLE Ci ( MMUNRYCOMMMAL M2 HEAWINDUSIRAL PROJ s ,$fTE C7 -MD CCMM.OJMMFISIAUMUS3JMLIISRNCt MO MILRARICPEi=NS m $UBU MAPARTMENTS C2 CEiERALCOMIEiIAL 0 CPFM5iiCE F€ AVE Al MWALAGROU:1UMQ CR MMMMALFMDENTAL R1 SNG.EF+MILYF l)MAL .0 R1R4NGMOOI9CAi1DN GC GDMENMEdTCeM m TMFAMILYF0004CE PSM OOMMEVALWUN MAIN M7 UWINDUMAL R1 MUMPECE97YMULMPLE Ci ( MMUNRYCOMMMAL M2 HEAWINDUSIRAL FAMILYPIMDENCE C7 -MD CCMM.OJMMFISIAUMUS3JMLIISRNCt MO MILRARICPEi=NS m $UBU MAPARTMENTS C2 CEiERALCOMIEiIAL 0 CPFM5iiCE F€ FUIMNIALESTATE 0 MIMLIKSNEES P PF,09WONAL w MRCDEhlOPMENT CM CE TMLRSNEr ARIlVMLLAGE FCD RANNE)MMMUNNYDCW.ORMEM T S- .OMCFLAN CA RANNE a3 mNGcmm RE RANNOFMIDEWIIALDMO MIENT 0 AR ALOOMMEZ7AL CUP 2016-27 "THE ALAMO" MONOPINE WIRELESS FACILITY — 2700 SOUTH FAIRVIEW STREET — =500 FffT V=1000FEF P L A N N I N G A N D B U I L D.._ING A G E N C Y EXHIBIT 1 VICINITY MAP 31 B-6 LXTJ 13 1.^ l THEALAMO"MONOPINEWIRELESSFACILITY A\ (s) 2700 SOUTH FAIRVIEW STREET cw 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 31 B-7 (� X � K `^' � z�1—� � ncn CUP 2016-27 "THE ALAM[yMONUP|NEWIRELESS FACILITY 27OOSOUTH FAIRVIEW STREET EXHIBIT SITE PLAN U �� (6.�� CUP 2016-27 "THE ALAMO" MONOPINE WIRELESS FACILITY 2700 SOUTH FAIRVIEW STREET EXHIBIT 4 SITE PLAN 3ft2l0 t Ya Y� f I. .—_. _............... ....._............ ....... Ti 1 FF ft n e I, 4:+ . rM)t'VNi)n;L�tS. I� •M .pc);Pvfti I �yg3 I � ygg byfi yy}�I p!n� ... tld ti b I 1 C Q �(yQWl�y zJ W CUP 2016-27 "THE ALAMO" MONOPINE WIRELESS FACILITY 2700 SOUTH FAIRVIEW STREET EXHIBIT 4 SITE PLAN 3ft2l0 CUP 2016-27 "THE ALAMU"NYVNOP|NEWIRELESS FACILITY 27OUSOUTH FAIRVIEW STREET EXHIBIT ELEVATIONS 31 B-1 1 gi mi 7 as 14 Em Im CUP 2016-27 "THE ALAMU"NYVNOP|NEWIRELESS FACILITY 27OUSOUTH FAIRVIEW STREET EXHIBIT ELEVATIONS 31 B-1 1 LS 11.28.16 RESOLUTION NO. 2016-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016-27, AS CONDITIONED, TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 2700 SOUTH FAIRVIEW 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. 2016-27 to renew the entitlements of an existing 60 -foot high major wireless communications facility disguised as a pine tree located at 2700 South Fairview Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a conditional use permit is required for major wireless communications facilities established in the City of Santa Ana. C. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five (5) years, although subsequent State legislative acts have required that such facilities be approved for a period of not less than ten (10) years. D. As the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain the entitlements of the facility current. E. On November 28, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016-27. F. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The existing 60 -foot high wireless communications facility will continue to provide a service and contribute to the community. The facility will provide a service to Santa Ana residents. businesses and motorists who subscribe to Resolution No. 2016-42 Page 1 of 5 31 B-12 Applicant's providers by providing cellular service and data coverage for its users, especially for those users traveling within the southwest 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? The issuance of a conditional use permit to re -entitle this existing wireless communication facility located at 2700 South Fairview Street will not be detrimental to persons residing or working in the area as the facility will remain in compliance with Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. Furthermore, Federal law exempts local jurisdictions from regulating health related issues as these issues are covered by Federal laws. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing wireless facility was designed to be disguised as a pine tree to complement the existing landscape and will not adversely affect the economic viability of the surrounding area. The location of the facility to the rear of the property will maintain the economic stability for this commercial and industrial area by continuing to provide a service for businesses, owners, workers, and residents in the area. 4. Will the proposed use 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 in Chapter 41 (Zoning Code) of the SAMC. The existing wireless communication facility was designed as a mono - pine that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated leased area and the ancillary electrical equipment cabinets are screened by landscape. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The wireless facility will not adversely affect the intent of the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent Resolution No. 2016-42 Page 2 of 5 31 B-13 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 mono -palm. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of development impacts. The mono -pine's location minimizes visual impact on the area and assists with the screening 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. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2016-102 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 sole 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. 2016-27 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2700 South Fairview Street. 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 November 28, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-42 Page 3 of 5 31B-14 ADOPTED this 28th day of November, 2016. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza, Verino (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016-42 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on November 28, 2016. Date: Acting Recording Secretary City of Santa Ana 31 B-15 Resolution No. 2016-42 Page 4 of 5 WRIKIN-11111'1 Conditions of Approval for Conditional Use Permit No. 2016-27 Conditional Use Permit No. 2016-27 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. Planning Division 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. 2. The proposed facility shall be maintained as per approved plans and any existing landscaping shall be well maintained for the 60 -foot wireless facility. 3. 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. 4. 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. 5. 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. 6. All deteriorating stealth fronds shall be replaced. 7. Conditional Use Permit No. 2016-27 expires 10 years from the date of City Council approval. Resolution No. 2016-42 Page 5 of 5 31 B-16