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HomeMy WebLinkAbout2002-08-14MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR ® Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY AUGUST 14 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: January 6, 1999 February 17, 1999 July 17 and 24, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO 02-29 (RAVENWOOD WIRELESS COMMUNICATIONS FACILITY) APPLICANT: The Consulting Group for Cingular Wireless, 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 PROPERTY OWNER: Southern California Edison, 2244 Walnut Grove Avenue, Rosemead, CA 91770 REQUEST: To install a wireless communications facility consisting of antennas attached to an existing Southern California Edison tower and an approximately 200 sq. ft. equipment enclosure located at grade, under the tower. LOCATION: SCE right-of-way (north of Atlanta Avenue, south of Warwick Drive, east of Lebard Park, west of Santa Ana River) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff recommended approval of the request based upon the suggested findings and conditions of approval as outlined in the staff report and because the proposed project complies with the ordinance as approved by the City Council for screening of the proposed shelter. ® Staff stated that two telephone calls were received from neighboring residents concerning potential health impacts from harmful electro-magnetic fields. Staff stated that Phyllis Rhyan, 18472 Gina Lane, realtor, advised that the proposed site pools during the winter rains. Mary Beth Broeren, Zoning Administrator, and staff engaged in discussions concerning conditions no. 1. a and 2. a. • THE PUBLIC HEARING WAS OPENED. Phyllis Rhyan, 18472 Gina Lane, realtor, stated that neighboring residents have expressed concerns regarding health risks. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with Brian Stotelmeyer, 5440 Trabuco Road, Irvine, representing the applicant, that they have read and agree to the suggested conditions of approval; that they are aware of the proposed colors as modified in Condition No. La; and that they agree to the paved access as conditioned by Public Works and as modified in Condition No. 2. a. Ms. Broeren stated that she was going to approve the request with the following modifications: Condition No. I. a: a. Elevations shall depict proposed building colors and materials, consistent with the photographs received and dated July 11, 2002, with the exception of the roof tile, which shall be a natural clay color, consistent with the photo simulation received and dated May 16, 2002. Condition No. 2. a: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The access road shall be a minimum of 12-feet in width and shall be constructed of a pervious material approved by the Public Works Department. The access road shall have a turnaround for vehicles. The new access shall replace the existing dirt access or the existing dirt access shall be converted to turf (sod) with new irrigation installed. (PW) CONDITIONAL USE PERMIT NO. 02-29 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-29: • Conditional Use Permit No. 02-29 to install a wireless communications facility consisting of antennas attached to an existing Southern California Edison tower and an approximately 200 sq. ft. equipment enclosure located at grade, under the tower will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed facility will not generate noise, traffic, • demand for additional parking or other impacts detrimental to surrounding property. ZA Minutes 08/14/02 2 (02zm0814) 2. Conditional Use Permit No. 02-29 will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison transmission towers, on an existing SCE right-of-way. The design of the facility, which features antennas painted to match the tower to which it is attached, and an equipment shelter constructed of decorative masonry with a tiled roof, will ensure the compatibility of the proposed facility with surrounding uses. 3. Conditional Use Permit No. 02-29, as conditioned, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. 4. The granting of the conditional use permit, as conditioned, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low -Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. U. 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed facility will enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed co -location of antennas with an existing transmission tower, and the use of decorative masonry and a tiled roof to screen equipment cabinets, will minimize the project's visual impacts. 5. The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of the installation of a small new facility and associated equipment. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-29: 1. The site plan, floor plans and elevations received and dated May 16, 2002 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict proposed building colors and materials, consistent with the photographs received and dated July 11, 2002, with the exception of the roof tile, which shall be a natural clay color, consistent with the photo simulation received and dated May 16, 2002. ® b. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties, unless required by the FAA or other applicable authority, and shall be shown on the site plan and elevations. (Code Requirement) ZA Minutes 08/14/02 3 (02zm0814) 2. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The access road shall be a minimum of 12-feet in width and shall be constructed of a pervious material approved by the Public Works Department. The access road shall have a turnaround for vehicles. The new access shall replace the existing dirt access or the existing dirt access shall be converted to turf (sod) with new irrigation installed. (PW) b. All impacts to the existing park irrigation and turf shall be reinstated to City of Huntington Beach standards. This includes but is not limited to replacement/repair of irrigation piping, wiring, heads, sodded turf, repair of turf compaction by construction process and soil preparation and trees or shrubs required. (PW) c. Contractor shall call Dig -Alert prior to any trenching. (PW) 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit the following information to the Police Department for review: (Code Requirement) All transmit and receive frequencies; ii. Effective Radiated Power (ERP); iii. Antenna height above ground; and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. The applicant shall provide a recorded copy of the Memorandum of Lease between the property owner and the applicant. (Code Requirement) c. Acceptance of conditions of approval contained herein by the applicant/ facility operator and property owner shall be ensured by recordation of the conditions on the property title. Proof of recordation shall be submitted to the Planning Department. (Code Requirement) 5. The final building permit(s) shall not be approved and the use shall not commence until the following has been completed: a. Fire access roads shall be provided in compliance with Fire Dept. City Specification No. 401— Minimum Access for Fire Department Access. (FD) b. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) r ZA Minutes 08/14/02 4 (02zm0814) c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. ® d. The applicant/ facility operator shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (Code Requirement) e. Before activating its facility, the applicant/ facility operator shall submit to the Police and Fire Departments a post -installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriffs Department or Division -approved contractor at the expense of the applicant shall conduct this test. This post -installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. (Code Requirement) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) b. The construction disturbance area shall be kept as small as possible. 0 c. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 7. The use shall comply with the following: a. To ensure the structural integrity of wireless communication facilities, the owner(s) of the proposed facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (Code Requirement) b. At all times, other than during the 24-hour cure period, the applicant/ facility operator shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (Code Requirement) c. The property owner 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 the property owner to comply. (Code Requirement) ZA Minutes 08/14/02 5 (02zm0814) d. All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti -graffiti coating. (Code Requirement) • e. The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (Code Requirement) 8. Within thirty (30) days of cessation of operation of the proposed wireless communications facility, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned, pursuant to the provisions of HBZSO Sec. 230.96, unless: (Code Requirement) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 9. If the facility is inoperative or unused for a period of six (6) continuous months it shall be deemed abandoned. Written notice of the City's determination of abandonment shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (Code Requirement) 10. The operator of the facility and the owners(s) of the property on which it is located shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's • determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (Code Requirement) 11. At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (Code Requirement) 12. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning • Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. ZA Minutes 08/14/02 6 (02zm0814) 13. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all ® plans and information submitted to the City for review and approval. 14. This Conditional Use Permit No. 02-29 shall not become effective until Section 230.96 of the Huntington Beach Zoning And Subdivision Ordinance — Wireless Communications Facilities, has been approved by the City Council, and is in effect. INFORMATION ON SPECIFIC CODE REOUEREMENTS: 1. Conditional Use Permit No. 02-29 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-29 shall become null and void unless exercised within one year of the date of final approval which is August 14, 2002 or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-29, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. ZA Minutes 08/14/02 7 (02zm0814) THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO • THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 12, 2002 AT 1:30 PM. dE ��-- Ma Beth , roeren Zoning Administrator rmk • • ZA Minutes 08/14/02 8 (02zm0814)