date: january 25, 2006 to: city manager/city council...

01/25/06 Item #12

CITY OF DANA POINTAGENDA REPORT

DATE: JANUARY 25, 2006

TO: CITY MANAGER/CITY COUNCIL

FROM: KYLE BUTTERWICK, DIRECTOR OF COMMUNITY DEVELOPMENT

SUBJECT: MAJOR ANTENNA USE PERMIT AUP04-01, EXCEPTIONAL CASEAPPROVAL ECA04-01, AND VARIANCE V04-15

RECOMMENDATION:

That the City Council review the applicant’s supplemental information regarding analysis ofalternative sites for the proposed antennas and approve Major Antenna Use PermitAUP04-01, Exceptional Case Approval ECA04-01, and Variance V04-15 at the proposedwater tank location (Action Document A).

ISSUES:

Should the City Council approve Major Antenna Use Permit AUP04-01, ExceptionalCase Approval ECA04-01, and Variance V04-15?

BACKGROUND:

The subject site is a 31,200 square foot lot, owned by the South Coast Water District,located in the Community Facilities (CF) zone that is designated as Community Facilitieson the City’s Land Use Map (Supporting Document B). The site contains an existing 48-foot high water tank and related pump structure and an existing, nearly 66-foot high SanOnofre Nuclear Generating Station (SONGS) siren and is bordered to the north, east, andwest by single-family residential development and to the south by single-family residentialdevelopment and recreation facilities of the Waterford Point Community including a tenniscourt and a swimming pool.

The proposed location was determined by the applicant, the Orange County Sheriff-Coroner Department, to be the optimum location for antennas facilities to address theintermittent and repeatable coverage problems of the 800 MHz Countywide CoordinatedCommunications System (CCCS) experienced by emergency services personnel withinthe City limits. However, the proposed location and design did not meet the requirementsof Chapter 9.07.020 of the Dana Point Municipal Code covering antennas. The locationand the design of the proposed antenna require the approval of a Major Antenna UsePermit (AUP), Exceptional Case Approval (ECA), and Variances. Pursuant to therequirements for Exceptional Case Approvals (ECA’s), the Planning Commission must firstconsider the matter at a noticed public hearing where they must render a recommendationto be considered at a subsequent public hearing by the City Council.

Reviewed By:DH ___CM ___CA ___

XX

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The Planning Commission conducted a public hearing on the items at theirSeptember 21, 2005, meeting. During the hearing, several speakers voiced concernsopposing the proposal. The Planning Commission deliberated the proposal andrequested additional information from the project applicant, the Orange County Sheriff-Coroner Department, explaining how sites within the City were chosen andsubsequently eliminated from consideration for the proposed antenna facilities.Ultimately the Planning Commission decided to forward a recommendation of denial tothe City Council based on the fact that they failed to find that there was an adequateshowing that alternative sites had been considered and rejected for lack of coverage(Supporting Document E).

DISCUSSION:

The applicant’s proposal includes the installation of five whip antennas on the existingSONGS siren, the installation of one four-foot high microwave dish atop the existingwater tank, a 467 square foot accessory equipment/generator room located just north ofthe SONGS siren, and a 1000 gallon diesel tank to power the generator just north of theequipment/generator room.

A Major AUP and an ECA are required to locate non-stealth antennas and water tankmounts in the CF District and in proximity to a scenic highway (Stonehill Drive & GoldenLantern). Variances are needed to (1) allow the antennas to exceed the 35-foot heightlimit, (2) allow a non-stealth freestanding facility to be located within 300 feet of aresidentially zoned property, and (3) allow more than two antennas to be placed on thelot.

The specifics of each of these requests are detailed in the September 21, 2005,Planning Commission Staff Report attached as Supporting Document C. The proposeddesign of the antennas has remained the same; however, there has been some downsizing of the emergency generator and the diesel tank. The generator has beenreduced from a 100kw unit to a 60kw hospital quiet unit, and the diesel fuel tanksupplying fuel to the generator in the event electrical power is lost has been reducedfrom 1,500 gallons to 1,000 gallons. It is still proposed as a double-walled tank with aspill basin and alarm that is monitored 24 hours a day.

The primary reason the Planning Commission generated a recommendation of denial forthe project was that evidence was not presented at their September 21, 2005, publichearing that alternative sites had been reviewed and rejected due to lack of coverage.Since the Planning Commission hearing on the request the Orange County Sheriff-Coroner Department has provided supplemental information chronicling the analysis ofalternative sites within the City. The information includes the following:

• A three-page document that provides supplemental information and backgroundon the 800 MHz CCCS, the process by which the proposed site was selected,how impacts of the proposed design had been mitigated, and a description outlininghow other sites in the City were eliminated from consideration (SupportingDocument F);

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• A map identifying alternative locations that had been evaluated as potential 800MHz antennas sites (Supporting Document G);

• A table chronicling the elevations, antennas heights, percent citywide coverage,additional costs, and basis for selection (Supporting Document H); and

• A terrain profile illustrating the relative elevations of the eight sites considered forthe 800 MHz antennas (Supporting Document I);

The additional information provides the rationale as to why other sites in the City weredeemed to be unfeasible and answers the question of alternative site analysis thatultimately led to the Planning Commission recommendation.

CONCLUSION:

Based on this updated information provided by Orange County Sheriff-CoronerDepartment, Staff recommends that the City Council approve the new 800 MHz antennaas part of Major Antenna Use Permit AUP04-01, Exceptional Case Approval ECA04-01,and Variance V04-15.

NOTIFICATION AND FOLLOW-UP:

Notification of the public hearing was published in the newspaper in accordance with thenoticing requirements. In addition, all affected agencies and interested parties wereprovided notice of the hearing date. The Council’s action is final unless modified throughlegal action.

FISCAL IMPACT:

As stated in the supplemental information by the Orange County Sheriff-CoronerDepartment it is estimated that the total cost to the City for this $3,100,000 project willbe less than $10,000. The remaining portion of the projected $3,100,000 cost will beshared by the 34 other Orange County cities, the Orange County Fire Authority and theCounty of Orange.

STRATEGIC PLAN IMPLEMENTATION:

The project is consistent with the Strategic Plan Initiative of evaluating land use issuesto ensure that the goals, policies, and programs of the General Plan reflect thecommunity’s vision and mission by promoting radio coverage and interoperabilitybetween local first responders and state and federal emergency responders inaccordance with General Plan Public Safety Element Goal 5, Policy 5.3 to “Coordinatewith Orange County and the Federal Emergency Management Agency in reducingcommunity risks in the event of a disaster”.

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ACTION DOCUMENTS: Page No.

A. Draft Resolution #06-01-25-XX (Approving Major Antenna Use PermitAUP04-01, Exceptional Case Approval ECA04-01, and Variance V04-15)...................5

SUPPORTING DOCUMENTS: Page No.

B. Project Location Map................................................................................................17

C. Planning Commission staff report on Major AUP04-01, ECA04-01, andV04-15 dated September 21, 2005 ...........................................................................18

D. Planning Commission Minutes for September 21, 2005............................................23

E. Planning Commission Resolution No. 05-09-21-44, recommending denial ofMajor AUP04-01, ECA04-01, and V04-15 ................................................................27

F. Orange County Sheriff-Coroner Department Supplemental Information ..................30

G. Alternative Sites Map ...............................................................................................33

H. Dana Point Area Communications Study Statistics Table.............................................34

I. Terrain Profile Illustration .................................................................................................35

J. Coverage Problem Map ...................................................................................................36

K. North View Existing...........................................................................................................37

L. North View Photo Simulation ...........................................................................................38

M. South View Existing ..........................................................................................................39

N. South View Photo Simulation...........................................................................................40

O. West View Existing ...........................................................................................................41

P. West View Photo Simulation............................................................................................42

Q. South Coast Water District Letter of Support .................................................................43

EXHIBIT:

1. Conceptual Building Plans for proposed antenna facilities and accessory structures(Hard copies provided to City Council. The public may view copies on file at theCommunity Development Department)

2. Planning Commission Correspondence Received (Hard copies provided to CityCouncil. The public may view copies on file at the Community DevelopmentDepartment)

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ACTION DOCUMENT A

RESOLUTION NO. 06-01-25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANAPOINT, CALIFORNIA, APPROVING MAJOR ANTENNA USE PERMITAUP04-01, EXCEPTIONAL CASE APPROVAL ECA04-01 ANDVARIANCE V04-15 TO ALLOW LAW ENFORCEMENT AND FIRESERVICES COMMUNICATIONS WITH THE INSTALLATION OF FIVE,NEW, NON-STEALTH 800 MHZ WHIP ANTENNAS TO BE GROUPEDTOGETHER ON AN EXISTING SAN ONOFRE NUCLEARGENERATING STATION (SONGS) SIREN, ONE 4-FOOT DIAMETERMICROWAVE DISH ON TOP OF AN EXISTING WATER TANK AND A467 SQUARE FOOT EQUIPMENT AND EMERGENCY GENERATORBUILDING WITH AN EMERGENCY DIESEL TANK ON A COMMUNITYFACILITIES (CF) ZONED PARCEL SURROUNDED BY THEWATERFORD POINT COMMUNITY (APN: 682-161-02)

Applicant: Orange County Sheriff-Coroner Department

The City Council for the City of Dana Point does hereby resolve as follows:

WHEREAS, the applicant filed a verified application for a Major Antenna UsePermit, Exceptional Case Approval (ECA) and Variance allowing the installation of five,new, non-stealth, 800 MHz whip antennas to be grouped together on an existing nearly66-foot high SONGS siren, one 4-foot diameter microwave dish on top of an existingwater tank and a 467 square foot equipment and emergency generator building with anemergency diesel tank on a Community Facilities (CF) zoned parcel surrounded by theWaterford Point community. The antennas are proposed as part of the CountywideCoordinated Communications System (CCCS); and

WHEREAS, said verified application constitutes a request as provided by Title 9 ofthe Dana Point Municipal Code; and

WHEREAS, the Planning Commission did, on the 21st day of September, 2005,hold a duly noticed public hearing as prescribed by law to consider said request; and

WHEREAS, at said public hearing, upon hearing and considering all testimony andarguments, if any, of all persons desiring to be heard, said Commission recommended thatCity Council deny Major Antenna Use Permit AUP04-01, Exceptional Case ApprovalECA04-01, and Variance V04-15;

WHEREAS, the City Council did, on the 25th day of January, 2006, hold a dulynoticed public hearing as prescribed by law to consider said request; and

WHEREAS, at said public hearing, upon hearing and considering all testimony andarguments, if any, of all persons desiring to be heard, said Council considered all factors

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relating to Major Antenna Use Permit AUP04-01, Exceptional Case Approval ECA04-01,and Variance V04-15.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City ofDana Point as follows;

A) The above recitations are true and correct.

Findings:

B) Based on the evidence presented at the public hearing, the CityCouncil finds that there is sufficient justification to approve MajorAntenna Use Permit AUP04-01 by adopting the following findings:

1) That the proposed antenna facility will not create anysignificant or meaningful blockage to public views in that theproposed antennas are being placed on an existing 66-foothigh freestanding San Onofre Nuclear Generating Station(SONGS) siren and the proposed antennas althoughnon-stealth are only three inches in diameter and can bepainted to better blend in with the natural background with noblockage to existing public views. Additionally, the microwavedish proposed for the water tower will be located towards thecenter of the water tank to limit visibility from surroundingproperties.

2) That the proposed antenna facility will be an enhancement tothe City due to its ability to provide additional communicationcapabilities in that Orange County Sheriff-CoronerDepartment and Orange County Fire Authority personnel haveidentified several coverage area problems within the City andthe proposed antennas and microwave will result in providingcoverage to a majority of those problem areas identified in thefield by law enforcement, firefighters, and other emergencyservice personnel.

3) That the proposed antenna facility will not have a negativeeffect on its surrounding environment in that the antennas andmicrowave dish installations are being incorporated intoexisting vertical elements and attached to existing structuresthat will significantly reduce the visual impacts in lieu ofconstructing new support structures to accommodate theantennas and dish facilities. Additionally, the proposedaccessory equipment/generator room will be architecturallyintegrated to match surrounding structures through the usefinish exterior materials and colors and additionallandscaping has been required around the proposedfacilities to provide additional aesthetic screening tosurrounding residential uses.

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4) That the proposed antenna facility will not interfere with thereception or transmission of other wireless telecommunicationsignals within the surrounding community in that the 800 MHzantennas and microwave dish operate on a different frequencythan commercial wireless providers and the proposed facilitywill be integrated into the existing the Countywide CoordinatedCommunications System (CCCS).

5) That the proposed antenna facility will operate in compliancewith all applicable Federal safety regulations for such facilitiesin that the applicant has provided documentation to show thattheir facility will operate below such standards and conditionshave been included requiring testing upon installation andoperation of the facility, and a reduction in the radio energylevels shall be required if repair work is needed on orimmediately adjacent to the proposed antennas or microwavedish.

6) That the public need for the use of the antenna facility hasbeen documented in that installation of the proposed antennaand dish facilities will solve many of the coverage problemsidentified in the field by law enforcement, firefighters, and otheremergency service personnel resulting in reduced responsetimes for the public and a decrease in the potential for lifethreatening situations resulting from the inability of emergencyservices personnel to communicate with one another anddispatch facilities to occur.

C. Based on the evidence presented at the public hearing, the CityCouncil finds that there is sufficient justification to approveExceptional Case Approval ECA04-01 by adopting the followingfindings:

1) That the proposed antenna facility cannot be implementedwithout the use of a freestanding antenna facility in that theadequate height cannot be obtained without the use of afreestanding facility to a height that will provide the required360o line of sight to ensure signals can be transmitted to andfrom the site and over the existing water tank.

2) That the proposed antenna facility cannot reasonablyoperate without being located within the setbacks fromresidential uses, classrooms and scenic highways asestablished in Section 9.07.020 (Antennas) of the DanaPoint Municipal Code (DPMC) in that there are no other siteswithin the City at an elevation high enough to provideadequate coverage that would result in correcting a majorityof the problem coverage areas identified by emergency

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services personnel that patrol and respond to emergencycalls.

3) That the Carrier acknowledges that they shall be responsiblefor any damage or injuries that result from hazards withinFall Zones or otherwise from such freestanding facility in thatthe applicant is aware of this provision and hasacknowledged responsibility for any of the incidentsidentified hereunder.

D. Based on the evidence presented at the public hearing, the CityCouncil finds that there is sufficient justification to approve VarianceV04-15 by adopting the following findings:

1) That strict or literal interpretation and enforcement of thespecified regulation(s) would result in practical difficulty orunnecessary physical hardships inconsistent with theobjectives of this Chapter in that the existing improvements(water tank) obstruct the transmission of the 800 MHzCountywide Coordinated Communications System and theincreased height is needed to transmit over these barriers.The requirement that only a stealth freestanding facility maybe located within 300 feet of a residentially zoned propertywould result in further visual intrusions to the existingviewshed while the proposed non-stealth freestanding facilityaffixed to an existing nearly 66-foot SONGS siren achievesthe objective of Section 9.07.020(b)(5)(J) which states,“Freestanding antenna facilities shall avoid being a visuallydominant intrusion into a given viewshed by locating thefacilities near other vertical elements such as existingstructures or trees.” Furthermore, limiting the number ofantennas to no more than two on the lot would not enablethe applicant to meet the coverage requirements withoutcreating multiple sites and incurring significant costs that theproposed single location now reduces.

2) That there are exceptional or extraordinary circumstances orconditions applicable to the subject property or to theintended use of the property which do not apply generally toother properties in the same zoning district in that the subjectsite is located at an elevation that coupled with the existingon-site structures provides the elevation needed to correctthe maximum percentage of coverage area problems of the800 MHz CCCS, and no other suitable locations areavailable in the community. Furthermore, limiting thenumber of antennas to no more than two on the site wouldrender the site useless in that the number of transmittingantennas would be insufficient and the deletion of themicrowave dish would not allow linkage to the existing 800

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MHz CCCS.

3) That the strict or literal interpretation and enforcement of thespecified regulation(s) would deprive the applicant ofprivileges enjoyed by the owners of other properties in thesame zoning district with similar constraints in that this formof wireless telecommunication is based upon a certain line ofsight technology to be effective and the height proposed isthe minimum height required to maintain an operablesystem, and a non-stealth facility within 300 feet of aresidentially zoned property would result in additional visualintrusions to surrounding properties contrary to the directivesof the City’s antenna ordinance, and limiting the number ofantennas would eliminate the effectiveness of installing theantennas on the proposed site.

4) That the Variance request is made on the basis of ahardship condition and not as a matter of convenience inthat there are existing improvements that require the needfor additional height to ensure that interference with thewireless signal is transmitted over these barriers andcoverage is provided continuously, and the physical locationof the site limits the type of freestanding antenna facility tostealth only and a stealth facility accomplishing the coverageafforded the current proposal would result in the addition ofnew tall structures impacting the existing viewshed in thearea.

5) That the granting of the Variance will not be detrimental tothe public health, safety, or welfare or materially injurious toproperties or improvements in the vicinity in that theantennas are regulated by the Federal CommunicationCommission (FCC) which sets minimum safety standards forradio frequency emissions and the proposed facility will bewill within those standards, and the construction of theantennas and associated ancillary structures will be incompliance with applicable Uniform Building, Fire, andMechanical Codes adopted by the City and writtendocumentation certifying the structural engineering design ofthe antennas and associated facilities will be required duringthe building plan check process.

6) That the Variance approval places suitable conditions on theproperty to protect surrounding properties and does notpermit uses which are not otherwise allowed in the zone inthat construction drawings shall be reviewed by the City forcompliance with applicable Uniform Building, Fire andMechanical Codes prior to permit issuance, and the projectincludes conditions to reduce potential impacts of the project

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by requiring additional site landscape screening, enclosureof mechanical equipment, and ground mounted fuel tanks,and sound attenuation of cooling equipment and emergencygenerators, and requiring placement of the microwave dishto be at the center of the water tank to reduce visual impactsto surrounding properties .

7) That granting of the Variance will not result in adverseimpacts, either individually or cumulatively, to coastalaccess, public recreation opportunities, or coastal resources,and the development would be consistent with the policies ofthe Local Coastal Program certified land use plan in that theproject is not located within the Coastal Overlay District andno public access, public recreation opportunities, or coastalresources will be impacted by the project.

Conditions:

A. General:

1. Approval of this application is to allow the installation of five, new,non-stealth, 800 MHz whip antennas to be grouped together on anexisting nearly 66-foot high SONGS siren, one 4-foot diametermicrowave dish on top of an existing water tank and a 467 squarefoot equipment and emergency generator building with anemergency diesel tank on a Community Facilities (CF) zonedparcel surrounded by the Waterford Point community at the parcelidentified by the Orange County Assessor as Assessor’s ParcelNumber 682-351-91. Subsequent submittals for this project shall bein substantial compliance with the plans presented to the CityCouncil, and in compliance with the applicable provisions of the DanaPoint General Plan, the Local Coastal Program, and the Dana PointZoning Code.

2. Approval of this application is valid for a period of twenty-four (24)months from the date of determination. If the use approved by thisaction is not commenced within such period of time, the applicationshall be terminated and shall thereafter be null and void.

3. The application is approved as a precise plan for the location anddesign of the uses, structures, features, and materials, shown on theapproved plans. Any relocation, alteration, or addition to any use,structure, feature, or material, not specifically approved by thisapplication, will nullify this approving action. If any changes areproposed regarding the location or alteration to the appearance oruse of any structure, an amendment to this permit shall be submittedfor approval by the Director of Community Development. If theDirector of Community Development determines that the proposedchange complies with the provisions and the spirit and intent of this

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approval action, and that the action would have been the same forthe amendment as for the approved plans, he may approve theamendment without requiring a new public hearing.

4. Failure to abide by and faithfully comply with any and all conditionsattached to the granting of this permit shall constitute grounds forrevocation of said permit.

5. The applicant or any successor-in-interest shall defend, indemnify,and hold harmless the City of Dana Point ("CITY"), its agents,officers, or employees from any claim, action, or proceeding againstthe CITY, its agents, officers, or employees to attack, set aside,void, or annul an approval or any other action of the CITY, itsadvisory agencies, appeal boards, or legislative body concerningthe project. Applicant's duty to defend, indemnify, and holdharmless the City shall include paying the CITY's attorney's fees,costs and expenses incurred concerning the claim, action, orproceeding.

The applicant or any successor-in-interest shall further protect,defend, indemnify and hold harmless the City, its officers,employees, and agents from any and all claims, actions, orproceedings against the City, its offers, employees, or agentsarising out of or resulting from the negligence of the applicant or theapplicant's agents, employees, or contractors. Applicant's duty todefend, indemnify, and hold harmless the City shall include payingthe CITY's attorney's fees, costs and expenses incurred concerningthe claim, action, or proceeding.

The applicant shall also reimburse the City for City Attorney feesand costs associated with the review of the proposed project andany other related documentation.

6. The applicant and applicant's successors in interest shall be fullyresponsible for knowing and complying with all conditions of approval,including making known the conditions to City staff for futuregovernmental permits or actions on the project site.

7. The applicant and applicant's successors in interest shall beresponsible for payment of all applicable fees along withreimbursement for all City expense in ensuring compliance with theseconditions.

8. Prior to submittal for any plan check, the applicant shall submit anapplication to the Public Works and Engineering Department for anaddress assignment for the proposed antenna and/orequipment/generator building.

9. Prior to the issuance of any permits, the applicant shall determine

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the priority of the pollutant threat posed by the project duringconstruction by completing the Urban Runoff Threat AssessmentForm, available at the Permit counter.

10. The construction site shall be posted with signage indicating thatconstruction or staging activities shall not commence before 7 a.m.and must cease by 8 p.m., Monday through Friday, with gradingactivities, if required, allowed from 7 a.m. to 5:00 p.m., Mondaythrough Friday, and no construction activity of any kind is permittedon Saturdays, Sundays or Federal holidays.

11. The hours of operation of construction equipment that producessignificant noise or levels noticeably above general constructionnoise be limited to between the hours of 10:00 a.m. and 4:00 p.m.

12. The applicant shall obtain all applicable permits for the proposedimprovements. If applicable, the applicant shall obtain a gradingpermit and the appropriate approval from the Public Works andEngineering Department.

13. All construction activities will comply with applicable state and localconstruction noise regulations.

14. The applicant, property owner or successor in interest shall prepare aWaste Management Plan to the City’s C&D official per the DanaPoint Municipal Code. A deposit will be required upon approval of theWaste Management Plan to ensure compliance.

15. The Waste Management Plan shall indicate the estimated quantitiesof material to be recycled and the locations where the material is tobe taken for recycling. Said plan shall be reviewed and approved bythe City’s C&D Compliance Official prior to issuance of any permits.

16. Regular maintenance/testing of the emergency generator shall belimited to weekday daytime hours. A copy of the maintenance/testingschedule shall be made available to both the Waterford PointHomeowners Association and the City.

17. The site shall be posted with 24-hour emergency contactinformation that is in plain view from the entrance onto the SouthCoast Water District’s property. This information and any updatesshall also and made available to the Waterford Point HomeownersAssociation and the City.

18. Separate review, approval, and permits are required for:• Site walls over 3’

B. Prior to Building Plan Check Submittal:

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19. All proposed utilities within the project shall be installedunderground.

20. The cover sheet of the building construction documents shallcontain the City’s conditions of approval and it shall be attached toeach set of plans submitted for City approval or shall be printed onthe title sheet verbatim.

21. Building plan check submittal shall include 2 sets of the followingconstruction documents, unless otherwise noted:

• Building Plans (3 sets)• Structural Calculations

All documents prepared by a professional shall be wet-stampedand signed.

22. Fire Department review is required. Submit three (3) separate sets ofbuilding plans directly to the Orange County Fire Authority for reviewand approval.

23. Foundation system to provide for expansive soils and soilscontaining sulfates unless a soils report can justify otherwise. UseType V cement, w.c. ration of 0.45, F’c of 4,500 psi.

24. Buildings shall comply with local and State building coderegulations, including 2001 CBC Series. Also conform to Stateamendments for energy conservation.

25. Minimum roofing classification of type “A” is required.

26. The accessory equipment/generator building must be outfitted withfinish materials and colors commensurate with those of surroundingresidential and recreational structures located within the WaterfordPoint Community, subject to the review and approval of the Directorof Community Development.

27. The proposed microwave dish antenna must be located to the centerof the water tank to minimize visual impacts to surroundingproperties.

D. Prior to issuance of a building permit or release on certain relatedinspections, the applicant shall meet the following conditions:

28. The applicant shall submit a final landscape and irrigation plan forreview and approval by the Community Development Department.The plan shall include all proposed and existing plant materials(location, type, size, quantity), an irrigation plan, fences and walls, anapproved site plan and a copy of the entitlement conditions of

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approval. Landscaping shall be provided around the perimeter of theproposed improvements/diesel fuel tank to provide aesthetic bufferingfrom adjacent residential uses.

29. Applicant shall submit a rough grade certification for review andapproval by the Director of Public Works by separate submittal, ifgrading is necessary.

30. Verification of all conditions of approval is required by all Citydepartments.

31. Proof of all approvals from applicable outside departments andagencies is required including the Orange County Fire Authority(OCFA).

32. Building address shall be located facing Seagate Drive. Addressesshall be 4” high with 1” stroke and of noncombustible, contrastingmaterials.

33. Prior to release of the roof sheathing inspection, the applicant shallcertify by a survey or other appropriate method that the height of thestructures (antennas and equipment/generator building) are incompliance with plans approved by the City Council and thestructure heights included as part of Variance V04-15. The City’sstandard “Height Certification” form shall be prepared by a licensedcivil engineer/surveyor and be delivered to the City of Dana PointBuilding and Planning Divisions for review and approval beforerelease of final roof sheathing of the equipment and generator roomis granted.

E. Prior to the issuance of a certificate of occupancy or duringoperation of the project the applicant shall meet the following:

34. All landscaping and irrigation shall be installed per the approved finallandscape and irrigation plan. The Community DevelopmentDepartment shall inspect the site to ensure that the landscaping hasbeen installed in accordance with the approved plans.

35. Applicant shall submit certifications for all grading andimprovements for review and approval by the Director of PublicWorks by separate submittal, if a grading permit is required.

36. All proposed utilities within the project shall be installed underground.

37. The five antennas affixed to the existing SONGS siren shall bepainted to match the surrounding natural background subject to thereview and approval of the Director of Community Development.

38. A Radio-Frequency testing report shall be provided after the initial

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installation and at the time a Temporary Certificate of Occupancy willbe issued. Once the site is operable, an additional report shall besubmitted within 45 days to demonstrate that the facility is incompliance with government safety standards.

39. Noise level readings shall be conducted and appropriate reports andfindings shall be submitted to the Community DevelopmentDepartment after installation and prior to issuance of a certificate ofuse and occupancy demonstrating compliance with City Noise levelstandards. Noise level readings shall be conducted adjacent to thegenerator room and any other mechanical heating/cooling equipmentand at the entrance to the South Coast Water District’s site. If noiselevel readings are found not to be in compliance with the City’s NoiseControl Ordinance, additional readings shall be taken from adjacentresidential uses and additional noise mitigation measures shall beincluded until readings are within the noise levels identified in Chapter11.10 of the Dana Point Municipal Code.

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PASSED, APPROVED, AND ADOPTED at a regular meeting of theCity Council of the City of Dana Point, California, held on the 25th day of January, 2006.

___________________________LARA ANDERSON, MAYOR

ATTEST:

_____________________________Elizabeth Ehring, City Clerk

STATE OF CALIFORNIA )COUNTY OF ORANGE ) ssCITY OF DANA POINT )

I, ELIZABETH EHRING, City Clerk of the City of Dana Point, California, DOHEREBY CERTIFY that the foregoing is a true and correct copy of ResolutionNo. 06-01-25-___ adopted by the City Council of the City of Dana Point, California, at aregular meeting thereof held on the 25th day of January, 2006, by the following vote:

AYES:

NOES:

ABSENT:

__________________________________ELIZABETH EHRING, CITY CLERK

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SUPPORTING DOCUMENT B

Project: Major Antenna Use Permit AUP04-01,Exceptional Case Approval ECA04-01, andVariance V04-15


Location: APN: 682-351-91

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SUPPORTING DOCUMENT C

CITY OF DANA POINTPLANNING COMMISSION

AGENDA REPORT

DATE: SEPTEMBER 21, 2005

TO: DANA POINT PLANNING COMMISSION

FROM: COMMUNITY DEVELOPMENT DEPARTMENT

SUBJECT: MAJOR ANTENNA USE PERMIT AUP04-01, EXCEPTIONAL CASEAPPROVAL ECA04-01 AND VARIANCE V04-15 FOR LAWENFORCEMENT AND FIRE SERVICES TO INSTALL FIVE, NEW, NON-STEALTH 800 MHZ WHIP ANTENNAS ON AN EXISTING 66-FOOT HIGHSAN ONOFRE NUCLEAR GENERATING STATION (SONGS) SIREN, AONE 4-FOOT DIAMETER MICROWAVE DISH ON TOP OF AN EXISTINGWATER TANK AND A 467 SQUARE FOOT EQUIPMENT ANDEMERGENCY GENERATOR BUILDING WITH AN EMERGENCY DIESELTANK ON A COMMUNITY FACILITIES (CF) ZONED PARCELSURROUNDED BY THE WATERFORD POINT COMMUNITY

RECOMMENDATION: That the Planning Commission adopt the attached draft resolutionrecommending that the City Council approve the design and location of the 800 MHzantennas and associated improvements requested as part of Major Antenna Use PermitAUP04-01, Exceptional Case Approval ECA04-01, and Variance V04-15.

APPLICANT: Orange County Sheriff-Coroner DepartmentOWNERS: South Coast Water DistrictREQUEST: A Major Antenna Use Permit, Exceptional Case Approval (ECA),

and Variance allowing the installation of five, new, non-stealth, 800MHz whip antennas to be grouped together on an existing, nearly66-foot high SONGS siren, one 4-foot diameter microwave dish ontop of an existing water tank and a 467 square foot equipment andemergency generator building with an emergency diesel tank on aCommunity Facilities (CF) zoned parcel surrounded by theWaterford Point community. The antennas are proposed as part ofthe 800 MHz Countywide Coordinated Communications System(CCCS).

LOCATION: APN: 682-351-91NOTICE: Notices were mailed to property owners within 500 feet of the site.

ENVIRONMENTAL: The proposed project qualifies as a Class 3 (Section 15303)pursuant to the applicable provisions of the California Environmental Quality Act (CEQA) inthat the project involves installation of small equipment and facilities in small structures.

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ISSUES:

1. Is the proposal consistent with the City's adopted General Plan?

2. Is the proposal compatible with and an enhancement to the surroundingneighborhood and City?

3. Does the project satisfy all the findings required pursuant to the City’s Zoning Codefor approving a Major Antenna Use Permit, Exceptional Case Approval, and aVariance?

BACKGROUND: The subject site is a 31,200 square foot in the Community Facilities(CF) zone, and is designated as Community Facilities on the City’s Land Use Map. It islocated within the Waterford Point community and is owned by the South Coast WaterDistrict (Supporting Document 2). The site contains an existing 48-foot high water tankand related pump structure and an existing, nearly 66-foot high San Onofre NuclearGenerating Station (SONGS) siren and is bordered to the north, east, and west by single-family residential development and to the south by single-family residential developmentand recreations facilities of the Waterford Point Community including a tennis court and aswimming pool.

DISCUSSION: A Major Antenna Use Permit (AUP) and an Exceptional Case Approval(ECA) are required to locate non-stealth antennas and water tank mounts in the CFDistrict and in proximity to a scenic highway (Stonehill Drive & Golden Lantern).Variances are needed to (1) allow the antennas to exceed the 35-foot height limit, (2)allow a non-stealth freestanding facility to be located within 300 feet of a residentiallyzoned property, and (3) allow more than two antennas to be placed on the lot.

An ECA in conjunction with a Major AUP and any other related discretionary actionsmust be heard by the Planning Commission at a noticed Public Hearing. The PlanningCommission must render a recommendation that will be considered at a subsequentnoticed public hearing by the City Council.

Major Antenna Use Permit

Any proposed freestanding antenna facility requires the approval of Major AUP.Additionally, an ECA is required for any non-stealth freestanding antenna within the CFDistrict or within proximity to a Scenic Highway.

The applicant is proposing to install five, non-stealth, 800 MHz whip antennas to theexisting SONGS siren. The whip antennas are 3” in diameter and 13 feet in lengthincluding the mast arms which will connect to the existing 18” diameter telephone polesupporting the existing SONGS siren. Four transmitting antennas will be mounted atthe same level, 43 feet above the natural grade adjacent to the SONGS siren, extendingto a height of 55 feet from the antenna tops. These four antennas require verticalseparation and extend three feet from the telephone pole exterior. One receivingantenna would extend higher than the existing SONGS siren to a height of 79 feet. Thisantenna must be placed at this height to maintain electrical separation between

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transmitting and receiving antennas and so as not to interfere with the SONGS siren(see Supporting Document 3).

Although originally proposed and noticed with two microwave dishes, microwave pathreliability surveys conducted by the Orange County Sheriff-Coroner Departmentconcluded that only one four-foot high microwave dish is needed atop the existing watertank. A 467 square foot accessory equipment/generator room is also proposed justnorth of the SONGS siren. The proposed concrete masonry unit building will be 14 feethigh and will finished with stucco and tile roofing painted top match the nearby poolhouse. The structure will house the equipment for the antennas in one room and adiesel powered emergency generator in another room. Staff is recommending thatdecibel readings be taken after installation of the generator to ensure it operates withinCity noise level standards and appropriate attenuation such as generator mufflers,additional building insulation or other construction techniques be required to minimizenoise impacts when the generator is used during loss of electrical power and normalmaintenance testing.

A 1,500-gallon diesel tank is proposed just north of the accessory equipment/generatorbuilding to provide fuel for the emergency generator. The tank will be located behind ablock wall fence and will be equipped with leak detention sensors within interstitialspace of the double-walled tank and in the concrete containment basin. These will beremotely monitored 24 hours a day.

The proposed antennas are needed to fill in coverage gaps within the City of Dana Pointexperienced by public safety personal in the field and when responding to 911 calls. Amap illustrating the coverage problem areas has been submitted to the City and isattached as Supporting Document 6. The proposed site was deemed to be the optimumlocation after the Sheriff’s Department and their communications provider, Motorola,reviewed all potential sites within the City and implementing radio coverage modelingsoftware. In late 2002, the Sheriff’s Department and Motorola engineering personalinstalled a test repeater at the site and verified that nearly 90% of the areas that werereported as receiving intermittent or repeatable coverage problems were now providedwith coverage.

The applicant has provided a radio-frequency report to demonstrate compliance withcurrent Federal Communication Commission’s (FCC) exposure limits standards. Similar800 MHz antenna applications by the County with installations at heights lower than theproposed antennas and operating well below the maximum permissible exposure FCClevels. Consequently, the same antennas proposed for the current site will haveemissions at ground level even less than existing antenna installations.

Exceptional Case Approval

The proposal meets the requirements for ECA approvals in that the height needed tocorrect a majority of the coverage problems cannot be attained without a freestandingfacility and cannot operate without being located within the setbacks from residentialuses in that there are no sites that are at an elevation high enough and located beyondthe minimum setbacks from residences as stipulated in the ordinance. Furthermore the

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Sheriff’s Department has acknowledged that they will be responsible for any damagesthat result within the fall zone of the antennas.

Although the non-stealth design of the antennas requires both a Major AUP and anECA, co-locating the antennas on the existing SONGS siren has resulted in the leastobtrusive aesthetic impact to surrounding properties. The three-inch diameter antennaswill also be painted a light blue to better blend the antennas into the natural background.The proposed microwave dish is proposed towards the center of the water tank so tolimit any visibility to surrounding properties. Landscape screening around the perimeterof the accessory equipment/generator room and diesel fuel tank and/or the perimeter ofthe entire Water District property can also be incorporated to mitigate potential visualimpacts to surrounding properties.

Variance

Variances are needed to (1) allow the antennas to exceed the 35-foot height limit, (2)allow a non-stealth freestanding facility to be located within 300 feet of a residentiallyzoned property, and (3) allow more than two antennas to be placed on the lot.

1. The City’s antenna ordinance requires that any antenna installation not exceed theheight limits of the zoning district in which they are located. The height limit for the CFdistrict is 35 feet. Since the antennas need an unobstructed 360o line of sight, theyneed to be installed above the height of the adjacent water tower, therefore, a heightvariance is needed for the proposal.

2. The proposed antennas are also located closer than the 300-foot minimum separationfrom residentially zoned property. There are several properties located within 300 feetof the proposed antennas, with the closet residential property located to the southwestapproximately 140 feet from the base of the SONGS siren. Given the elevation of boththe Water District’s property and the existing SONGS siren, the coverage problemsexperienced by emergency service personnel within the City and the line of sightneeded to link the proposed site to other sites within the 800 MHz system there is noopportunity to locate the antenna at another site that would meet the specifications ofthe City’s antenna ordinance. Additionally this location will remedy 90% of thecoverage area problems identified in the field by emergency personnel, including theSheriff’s Department, Orange County Fire Authority and ambulatory services.

3. A variance is also needed to allow more than two antennas on a lot. The number ofantennas and the microwave dish proposed are needed to fully integrate the site intothe 800 MHz system. The four transmit antennas are needed to support the number ofpublic safety channels now in use in the County and is designed to allow expansion toaccommodate any increase in the system without physically adding another antenna.The single receive antenna is needed simply to receive incoming messages. Themicrowave dish is needed to establish a path to the remaining 800 MHz system. Thesix total antennas and dish are the minimum number needed to assimilate the site into800 MHz system and ensure that a majority of the coverage problems experienced byemergency response personnel within the City are corrected.

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CONCLUSION:

Based on the above analysis, Staff has determined that the required findings can bemade, as outlined in the attached draft resolution, and recommends that the PlanningCommission recommends approval of Major Antenna Use Permit AUP04-01, ExceptionalCase Approval ECA04-01, and Variance V04-15.

__________________________________Kurth B. Nelson III Kyle Butterwick,Consultant – Project Manager Director of Community Development

ACTION DOCUMENTS:

1. Draft Planning Commission Resolution

SUPPORTING DOCUMENTS:

2. Location Map3. Submitted Plans4. Photo Simulations5. Coverage Map6. Correspondence Received7. Radio Frequency Evaluation Summary

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SUPPORTING DOCUMENT D

Planning Commission Minutes fromApril 20, 2005

ITEM 4: Major Antenna Use Permit AUP04-01, Exceptional Case ApprovalECA04-01, and Variance V04-15 for law enforcement and fire servicesto install five, new, non-stealth 800 MHz whip antennas to begrouped together on an existing nearly 66-foot high SONGS siren,one 4-foot diameter microwave dish on top of an existing water tankand a 467 square foot equipment and emergency generator buildingwith an emergency diesel tank on a Community Facilities (CF) zonedparcel surrounded by the Waterford Point community.

Applicant: Orange County Sheriff-Coroner DepartmentOwner: South Coast Water DistrictLocation: APN: 682-351-91

Request: A Major Antenna Use Permit, Exceptional Case Approval (ECA),and Variance allowing the installation of five, new, non-stealth, 800 MHz whipantennas to be grouped together on an existing nearly 66-foot high SONGSsiren, one 4-foot diameter microwave dish on top of an existing water tank and a467 square foot equipment and emergency generator building with anemergency diesel tank on a Community Facilities (CF) zoned parcel surroundedby the Waterford Pointe community. The antennas are proposed as part of theCounty-wide Coordination Communication System (CCCS).

Environmental: The proposed project qualifies as a Class 3 (Section 15303)pursuant to the applicable provisions of the California Environmental Quality Act(CEQA) in that the project involves installation of small equipment and facilities insmall structures.

Recommendation: That the Planning Commission adopt the attached draftresolution recommending that the City Council approve the design and location ofthe 800 MHz antennas and associated improvements requested as part of MajorAntenna Use Permit AUP04-01, Exceptional Case Approval ECA04-01, andVariance V04-15.

Kurth Nelson (Associate Planner) reviewed the staff report.

Todd Litfin (Assistant City Attorney) stated that this type of project was coveredby Federal Law and that the Telecommunications Act of 1996 sets out veryspecific requirements for these types of applications. He added that the PlanningCommission did have the authority to apply generally applicable land userequirements. He stated that the Commission could not deny the applicationbased on alleged health affects from the radiation if it meets FCC requirementsor if it has the impact of severely hindering or prohibiting coverage as far as thecommunications.

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Chairwoman O’Connor opened the Public Hearing.

Mark Billings (Lieutenant - OCSCD) stated that the dispatch center is located atLoma Ridge on Santiago Canyon Road. He added that radio is the primaryresource in means of communication for dispatching and handling emergencycalls. He stated that they handle about 17,000 calls for service per year and thatabout 16% of those calls are impacted by poor radio reception. He added thatthere are specific areas in Dana Point where they experience problems with radioreception 40% of the time.

Dave Pierce (Division Chief – OCFA) stated that the 800 MHz system allows allemergency services units to communicate including those units from outside thestate.

James Huderberg (OCSCD) stated that the 800 MHz system is a partnershipbetween the County of Orange, all thirty-four (34) cities in the County and theFire Authority. He added that this system provide critical radio communicationsto over 100 city, county, law, fire, public works, lifeguard, and paramedicagencies. He stated that there were over 16,000 radios on this system. Headded that there was no option for multiple sites and that they had to find onesite that would provide the most coverage. He stated that this site provdes a lineof sight that is needed for good communication and that this site would helpimprove the radio coverage by 90% in the problem coverage areas. He addedthat of the twenty-five existing antenna sites, that they have never received anycomplaints from the residents. He stated that the generator would only be runduring a power outage and during scheduled testing. He added that the testingwould be done every other week for one-half hour during the middle of the day tolimit the disturbance to the surrounding residents.

Raymond Grimes (Engineering Manager – OCSCD) stated that he wasavailable to answer any questions.

Helen Gavin (Dana Point) asked for the Planning Commission to deny the MajorAUP because she felt that this type of project should not be located in anyresidential areas. She stated that there were 42 homes located within 300’ of theantennas and felt that other sites should be considered.

Lee Tennant (Dana Point) felt that the 800 MHz system was inadequate andwould be obsolete in a few years. She stated that it was her experience thatpeople would not want to purchase a home near microwave antennas because ofthe noise from the generator and that their property values would decline. Shefelt that there were other sites that should be considered.

Ralph Bochicchio (Dana Point) felt that this site was chosen based on financesand convenience. He stated that the tower should be located in a commercialarea instead of a residential one.

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Abe Gurvin (Dana Point) stated that he was disappointed that the FCC wouldnot allow the Commission to deny the permit based on health issues.

Chairwoman O’Connor recessed the meeting at 8:20 p.m.

Chairwoman O’Connor reconvened the meeting at 8:31 p.m.

David Graham (Dana Point) stated that their quality of life would be impacted.He added that the Fire Department was against siting antennas on fire stationsbecause of the potential health risks to their fire fighters. He felt that this was anunfair burden to put on the community.

Mary Lou Rodearmel (Dana Point) stated that there were serious healthconcerns with radiation. She added that views would be impacted by theantennas and suggested that the antennas be placed at City Hall or the tenniscourts as other possible sites.

Esteban Torres (Dana Point) felt that there was a poor job done in the siteselection. He stated that there was no evidence shown that this was the optimalsite for this project. He added that if the system was at full capacity that thecoverage problems would continue.

Garo Babikian (Dana Point) stated that he was disappointed and discouragedthat this antenna could be in their neighborhood. He felt that the antennas wouldbe unhealthy for his family.

Chuck Johannsen (Dana Point) stated that the homeowners association boardopposes this project in their community. He asked the Planning Commission todeny this project and direct the Sheriff’s department to find other sites that wouldnot negatively impact any residential area of Dana Point. He felt that acommercial area or other public property that would protect all of the Dana Pointcitizens from any consequences of microwave installations would be a betterlocation.

Susan Markey (OCSCD) stated that coverage testing had been conducted andthat $700,000 had been budgeted for the construction of this project. She addedthat budget was not a restriction that they were looking for a site that wouldresolve 90% of the coverage issues in an area that would have minimal impacton the residents. She stated that radio coverage was a concern and that it wasputting emergency personnel and residents at risk.

Chairwoman O’Connor closed the Public Hearing.

Vice-Chairman Schoeffel stated that the Planning Commission could not deny aproject based on health concerns if it complied with the regulations. He addedthat the project could also not be denied if it would result in taking away the onlyoption that the applicant has for providing the coverage. He stated that therewas no evidence shown that there were other sites that had been considered.

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He added that he was not convinced that the findings could be made to supportthe Variance requests.

Commissioners Powers stated that he would support the height Variance buthe would like to see the antennas be designed more stealthy. He added thatthere were no options on the number of antennas because of the way the systemis designed.

Chairwoman O’Connor stated that she was not convinced that there wasenough evidence to show that this would be the optimal site. She asked if theCommission should continue the hearing so the other representative from theSheriff’s department could attend and testify.

Kyle Butterwick (Director) recommended that the Planning Commission forwardtheir recommendations to the City Council since the Council will be making thefinal determination on the status of this project.

ACTION: Motion made (Powers) recommending that the City Council approveMajor Antenna Use Permit AUP04-01, Exceptional Case ApprovalECA04-01, and Variance V04-15. The Motion died for lack of second.

ACTION: Motion made (Schoeffel) and seconded (O’Connor) to adoptResolution 05-09-21-44 recommending that the City Council denyMajor Antenna Use Permit AUP04-01, Exceptional Case ApprovalECA04-01, and Variance V04-15 on the basis that the PlanningCommission failed to find that there was an adequate showing thatalternative sites had been considered and rejected for lack ofcoverage. Motion carried 2-1-2-0. (AYES: O’Connor, Schoeffel NOES:Powers ABSENT: Denton, Weinberg ABSTAIN: None)

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SUPPORTING DOCUMENT E

RESOLUTION NO. 05-09-21-44

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFDANA POINT, CALIFORNIA, RECOMMENDING THAT THE CITYCOUNCIL DENY MAJOR ANTENNA USE PERMIT AUP04-01,EXCEPTIONAL CASE APPROVAL ECA04-01 AND VARIANCE V04-15ON THE BASIS THAT THE PLANNING COMMISSION FAILED TO FINDTHAT THERE WAS AN ADEQUATE SHOWING THAT ALTERNATIVESITES HAD BEEN CONSIDERED AND REJECTED FOR LACK OFCOVERAGE. (APN: 682-161-02)


The Planning Commission for the City of Dana Point does hereby resolve as follows:

WHEREAS, the applicant filed a verified application for a Major Antenna UsePermit, Exceptional Case Approval (ECA) and Variance allowing the installation of five,new, non-stealth, 800 MHz whip antennas to be grouped together on an existing nearly66-foot high SONGS siren, one 4-foot diameter microwave dish on top of an existingwater tank and a 467 square foot equipment and emergency generator building with anemergency diesel tank on a Community Facilities (CF) zoned parcel surrounded by theWaterford Point community. The antennas are proposed as part of the CountywideCoordinated Communications System (CCCS); and

WHEREAS, said verified application constitutes a request as provided by Title 9 ofthe Dana Point Municipal Code; and

WHEREAS, the Planning Commission did, on the 21st day of September, 2005,hold a duly noticed public hearing as prescribed by law to consider said request; and

WHEREAS, at said public hearing, upon hearing and considering all testimony andarguments, if any, of all persons desiring to be heard, said Commission considered allfactors relating to Major Antenna Use Permit AUP04-01, Exceptional Case ApprovalECA04-01, and Variance V04-15.;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission ofthe City of Dana Point as follows;

C) The above recitations are true and correct.

Findings:

D) Based on the evidence presented at the public hearing, the PlanningCommission recommends that the City Council find that there is notsufficient justification to approve Major Antenna Use PermitAUP04-01 by adopting the following findings:

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1) That the public need for the use of the antenna facility has notbeen documented in that there was an inadequate showingthat alternative sites had been considered and rejected forlack of coverage.

E. Based on the evidence presented at the public hearing, the PlanningCommission recommends that the City Council find that there is notsufficient justification to approve Exceptional Case ApprovalECA04-01 by adopting the following findings:

1) That the proposed antenna facility cannot reasonablyoperate without being located within the setbacks fromresidential uses, classrooms and scenic highways asestablished in Section 9.07.020 (Antennas) of the DanaPoint Municipal Code (DPMC) in that there was insufficientevidence that alternative sites had been evaluated andrejected due to their inability to provide coverage.

F. Based on the evidence presented at the public hearing, the PlanningCommission recommends that the City Council find that there is notsufficient justification to approve Variance V04-15 by adopting thefollowing findings:

1) That there are not exceptional or extraordinarycircumstances or conditions applicable to the subjectproperty or to the intended use of the property which do notapply generally to other properties in the same zoning districtin that it was not shown that alternative sites had beenconsidered but rejected due to their inability to providesufficient coverage

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SUPPORTING DOCUMENT F

Dana Point Planning Commission Follow-up

The 800 MHz Countywide Coordinated Communications System (CCCS) is thepublic safety radio system utilized by all City and County law, fire, paramedic,lifeguard and public works departments in Orange County. The system currentlysupports over 16,000 radios. A radio from any department can communicate withthe radio or dispatch center of any other department, allowing completeinteroperability. The 800 MHz CCCS is a partnership between the County ofOrange, all 34 cities in the County, and the Orange County Fire Authority, and wasfully implemented in 2001. The 800 MHz CCCS was designed to support the publicsafety community, at a minimum, through the year 2015.

After implementation, and based on user feedback, additional radio tower antennaoptimization was done to enhance radio coverage. After that optimization it wasdetermined three areas would need new radio transmitter sites (Dana Point, CarbonCanyon and Newport Beach), and that the partnership would set aside sufficientfunds to enhance the coverage in these three areas.

The 800 MHz CCCS currently supports 25 radio antenna sites, has six subsystems,with each providing radio coverage to a specific part of the county. Thesesubsystems are known as Countywide, North, Northwest, South, Southwest andLaguna. With Dana Point being a part of the San Onofre Nuclear Generating StationEmergency Planning Zone, additional mutual aid talkgroups are included on bothCountywide and South subsystems. Each subsystem has 10 ports to accommodate10 radio transmitter sites, using these ports to integrate the transmitter sites into theradio infrastructure. Sheriff, Fire Authority, Paramedics, Lifeguards and PublicWorks users in Dana Point utilize talkgroups on both the Countywide and Southsubsystems. The Countywide subsystem only has one port remaining. Byimplementing the Dana Point site, we will be using the tenth and last port theCountywide subsystem has available and the ninth port on the South subsystem.Due to port limitations, it is essential to select a single site that will provide themost coverage in Dana Point. When evaluating the outstanding coverageconcerns, the partnership recognized the importance of resolving the poor radiocoverage in the Dana Point area, and therefore, allocated the one remaining port onthe Countywide subsystem to support this site. Port limitation is completelyunrelated to user capacity and in no way prevents additional radios or frequenciesfrom being added to the system.

In late 2002, our engineering staff worked to identify the best single site location inDana Point for an 800 MHz enhancement facility. Data from user complaints wasused to develop a map of poor coverage areas. A thorough search was made onthe U.S. Geological Survey topographical map for a location that would provide line-of-sight to the complaint areas. Line-of-sight is essential for good coverage. A totalof eight potential sites have been evaluated. Computer-generated radio coveragemaps were developed by the radio system provider, Motorola Inc., and by our ownengineering staff. Assuming realistic antenna tower heights, all the sites except for

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the South Coast Water District site were eliminated due to insufficient coverageimprovement.

Coverage improvement from the recommended South Coast Water District site wasverified by use of a test repeater. The test repeater was used to confirm the visualand computer models. Computer models can be conservative, and for public safetyapplications conservative is always better. The test repeater was specifically usedto measure any extra coverage that might exist beyond the predicted values. Basedon the predicted percent of new coverage into the complaint areas, no other siteswere close to warranting a test repeater. After a thorough review, this conclusionhas not changed.

Additionally, property availability for the seven sites not selected is unknown. TheDana Hills High School and the Capistrano Valley Plaza did not have a microwavepath to any of our backbone sites. The original lighthouse, Harbor lighthouse andPCH/Golden Lantern sites would require Coastal Commission approval. Theoriginal Lighthouse site was ruled out as a simulcast site after visual inspection andcomputer modeling verified this decision. However, this site might have had somepotential for a single repeater for limited fill-in coverage along the coastline. TheLighthouse project at the original Lighthouse location was denied by the CostalCommission.

We are sensitive to the visual and environmental impacts of this project to the localresidents and have worked very hard to minimize these effects. Our typical towerhas a 15’ square base and is over 100’ tall. With the cooperation of SCE and theSouth Coast Water District, we were able to eliminate the need for a tower byproposing the installation of the 5 whip antennas on the existing SONGS siren poleand mounting the microwave dish on top of the water tank. Normally our sitesrequire two microwave dishes/antennas, but with some re-design we were able toeliminate one dish. Our typical building that house the radio equipment is blockconstruction with a flat roof. In Dana Point, we are proposing to construct a buildingthat will be more attractive, including a peaked tile roof and stucco color to match thelocal architecture. The hospital-quiet generator will be located inside the buildingwith additional sound proofing measures taken to ensure that we do not exceed thecity’s noise standards. Finally, the diesel fuel tank has been reduced from 1500gallons to 1000 gallons. It is double-walled with a spill basin and alarm that ismonitored 24 hours a day. This facility will meet or exceed all applicable noise,pollution and safety regulations.

The County of Orange 800 MHz CCCS partners have allocated over $3,100,000 forthe Dana Point project. The 34 cities of Orange County, the Orange County FireAuthority and the County of Orange will all share this cost. The City of Dana Pointwill pay less than $10,000 for this project.

Due to insufficient coverage improvement from other sites within realistic towerheights, the 800 MHz CCCS Governance Committee will only approve funding forthe recommended South Coast Water District site. If the City of Dana Point and theSouth Coast Water District do not approve this project, the efforts to locate,implement and fund a radio transmitter site in Dana Point will cease.

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It is noted that the Dana Point law enforcement and fire service first responders haveidentified a significant public safety issue. Unreliable radio coverage has in the past,and will continue in the future, to make it difficult or impossible to provide anacceptable level of necessary 9-1-1 services to the citizens of Dana Point. This is acritical life safety enhancement project for citizens and first responders in DanaPoint.

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SUPPORTING DOCUMENT G

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SUPPORTING DOCUMENT H

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SUPPORTING DOCUMENT I

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SUPPORTING DOCUMENT J

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SUPPORTING DOCUMENT K

North View Before

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SUPPORTING DOCUMENT L

North View Photo Simulation

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SUPPORTING DOCUMENT M

South View Existing

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SUPPORTING DOCUMENT N

South View Photo Simulation

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SUPPORTING DOCUMENT O

West View Existing

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SUPPORTING DOCUMENT P

West View Photo Simulation

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SUPPORTING DOCUMENT Q

date: january 25, 2006 to: city manager/city council...

Documents