RES-10165 Conditional Use Permit Approval Wireless Communication AntennasRESOLUTION NO. 10165
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING CONDITIONAL
USE PERMIT NO. 2595-06 TO ALLOW THE
CO-LOCATION OF THREE ANTENNAS ONTO
AN EXISTING NON-
STEALTH WIRELESS COMMUNICATION
FACILITY, INCLUDING ABOVEGROUND SUPPORT EQUIPMENT,
AT THE PROPERTY LOCATED AT
2910 NORTH
SANTIAGO BOULEVARD APPLICANT: ROYAL
STREET
COMMUNICATIONS,LLC WHEREAS, Orange Municipal Code (OMC) Section 17.l2.025.B requires
that "Co-Located (Non-Stealth) Wireless Communication Facilities" obtain a
Conditional Use Permit when they are located within the City's Commercial
Zoning Districts; and WHEREAS, the application for Conditional Use Permit No. 2595-
06 was filed and processed in the time and manner
prescribed by law; and WHEREAS, Conditional Use Permit No. 2595-06
is categorically exempt from the provisions of the California Environmental Quality Act (
CEQA) per State CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion
of Small Structures); anJ WHEREAS, on January 23, 2007, the City Council
conducted one duly advertised public hearing, at which time interested persons had an opportunity to
testify either in support of, or opposition to Conditional Use Permit No. 2595-06
upon property described as
follows:See Attached Exhibit A NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Orange hereby approves Conditional Use Permit No. 2595-06
to allow the co-location of three antennas onto an
existing non-stealth wireless communication facility, including aboveground support equipment, on property located
at 2910
North Santiago Boulevard based
on the following findings:SECTION 1 - FINDINGS 1. A Conditional Use Permit shall be granted upon
sound principles of land use and in
response to services required by the community.The Land Use Element of the City's General
Plan recognizes that with growth in the City, that both residents and
businesses will place additional demands on public services and utilities, and that a level of service
demand continues to be placed on wireless networks that serve the City. Additionally,
the Element also contains Goals, Policies and Implementation measures that promote
quality design in projects within the City. Therefore, the City adopted regulations
specific to wireless communication facilities that provided for the establishment of the
land use subject to certain design criteria and design standards, placing emphasis on co-
located facilities. The subject proposal demonstrates the use of sound principles of land
use in that (I) there is a need for an additional wireless communication facility within
this portion of the City as evidenced in the submittal of propagation coverage mapping
provided by the applicant that shows increased in-building coverage to the area, (2)
the proposal takes advantage of a co-location opportunity, and (3) it provides
upgrades to some of the existing improvements related to the enclosure fence
materials and landscape screening at
the site.2. A Conditional Use Permit shall not be granted if it will cause
deterioration of bordering land uses or create special problems for the area in which it
is located.The location of the wireless communication facility use on the subject
property is surrounded on two sides by public roadways, one of which is a freeway, and the
other is a grade separated public street. It is distanced from residential development
by open space areas consisting of steeply sloped terrain and a significant grade
change reducing its visibility from residential neighborhoods where it may have an
aesthetic impact.The operation of the proposed facility is not anticipated to have any
adverse effects because the facility is unmanned and the ground equipment is not known
to create objectionable odors or nuisance noises. Additionally, the proposal co-
locates on an existing antenna and is flush mounted to eliminate any aesthetic
impacts that would cause deterioration of bordering land uses or create problems
for the area.3. A Conditional Use Permit must be considered in relationship to its
effect on the community or neighborhood plan for the area in which it is located
and be consistent with the City of
Orange General Plan.The location of the wireless communication facility use is within an area
of the City that has been developed where public right-of-way
is established and constructed and where the co-location onto an existing structure will have
no effect on the long range plan as outlined in the General
Plan for this area ofthe City.4. A Conditional Use Permit, if granted, shall
be made subject to those conditions necessary to preserve the general welfare, not
the
individual welfare of any particular applicant.Conditions have been included to insure that the
use is established in conformance with the submitted plans and exhibits and
satisfies the
OMC
SECTION 2 - ENVIRONMENTAL REVIEW This
proposed project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New Construction or
Conversion of Small Structures) in that it involves the installation of small new equipment and
facilities in small structures.SECTION 3 -
CONDITIONS OF APPROVAL BE IT FURTHER
RESOLVED that the following conditions are imposed with project approval:General
I. The
operation
of the co-location of three antennas onto an existing non-stealth wireless
communication facility (monopole) and aboveground support equipment on the property
located at 2910 North Santiago Boulevard shall be conducted as it was reviewed and approved
by the City Council and as shown on the exhibit attached to the City Council staff report
dated January 23, 2007 and on-file with the Department of Community Development.
2. All construction and site improvements shall conform in substance and be
maintained in general conformance with plans and exhibits date stamped September 6, 2006,
including modifications required by conditions of approval, and as approved by the City
Council. All such improvements are required to be completed prior to operation of the co-
location at the established wireless communication facility on the property located at 2910
North Santiago Boulevard.
3. The applicant agrees to indemnify, hold harmless, and defend the City, its
officers, agents and employees from any and all liability or claims that may be brought against
the city arising out of its approval of this permits, save and except that caused by the City's
active negligence.
4. Final landscape and irrigation plans shall be submitted to City staff for final
approval and shall include standard Irrigation and Planting Plan notes prior to or in conjunction
with any construction permit review and issuance for the project.
5. These conditions shall be reprinted on the first page of the construction
documents, including any grading plans when submitting to the Building Department for the
plan check process.
Wireless Communication Facilitv
6. The proposed co-location of three antennas does not include any change to
the height of the existing wireless communication facility support structure (monopole) that
stands at an overall height of 55
feet.
7. The installation of the landscaping shall not preclude Police Department
personnel from observation into the equipment enclosure area. Vines shall be kept trimmed
and shrubs shall be maintained at a maximum height of 42 inches.
8. All wires from the equipment facility to the antenna shall be underground and
there shall be no exposed coaxial cable, conduit(s) or raceways(s) to and from the equipment
enclosure or on the antenna.
9. In accordance with OMC Section.l7.l2.025.B.5, Any owner of a wireless
communication facility and any person or entity leasing property for a wireless communication
facility shall provide written notification to the City of the discontinuance of the use of a
wireless communication facility for wireless communication purposes for any period of longer
than thirty (30) days. The notice shall state that date the use was discontinued and shall be
addressed to City of Orange, Community Development Director, 300 East Chapman Avenue,
Orange, CA 92866 and shall be placed in the United States mail within thirty-one (31) days
of such
discontinuance.The following are standard conditions applicable to all Conditional Use
Permit applications and are included for information purposes only. This is not a complete list
of requirements, and other code provisions may apply to the
project:10. The applicant shall comply with all federal, state, and local laws, including
all city regulations. Violation of any of those laws in connection with the use will be cause
for revocation of this
permit.II. Prior to issuance of building permits, the applicant shall pay all
applicable development fees, including but not limited to, Transportation System Improvement
Program fees, Fire Facility fees, Police Facility fees, Park Acquisition fees, and School District fees
as
required.12. Building permits shall be obtained for all construction work, as required by
the City of Orange, Community Development Department's Building Division. Failure to
obtain the required building permits will be cause for revocation of this conditional use
permit.13. Conditional Use Permit No. 2595-06 shall become void if not used
within two years from the date of approval. Time extensions may be granted for up to one
year, pursuant to OMC Section 17.
08.060.ADOPTED this 13th day of
February, 2007.
of
ATTEST:
Q'
Mary E.
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 13th day of February, 2007, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: Bilodeau
COUNCILMEMBERS: None
y, City Clerk, ity of Orange
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