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HomeMy WebLinkAbout03 CUP 07-021/DR 07-021ITEM #3 Report to the Planning Commission DATE: FEBRUARY 12, 2008 SUBJECT: CONDITIONAL USE PERMIT 07-021 AND DESIGN REVIEW 07-021 PROPERTY OWNER: TUSTIN MICHELLE PARTNERS, LLC. 301 EAST OCEAN BOULEVARD, SUITE 1660 LONG BEACH, CA 90802 APPLICANT: ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC. 2913 EL CAMINO REAL #561 TUSTIN, CA 92782 LOCATION: 2441 MICHELLE DRIVE GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: A REQUEST TO ESTABLISH A MAJOR WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A STEALTH MONO-PINE, SIX PANEL ANTENNAS, AND ASSOCIATED EQUIPMENT LOCATED WITHIN A BLOCK WALL ENCLOSURE TOWARDS THE REAR OF THE PROPERTY IN A LANDSCAPED AREA. RECOMMENDATION That the Planning Commission adopt Resolution No. 4082, approving Conditional Use Permit 07-021 and Design Review 07-021 to establish a major wireless telecommunications facility consisting of a stealth mono-pine and associated equipment located at 2441 Michelle Drive. CUP 07-021 and DR 07-021 February 12, 2008 Page 2 BACKGROUND Site and Surrounding Properties The site is located within the Irvine Industrial Complex Planned Community District and within the Planned Community Industrial (PC-IND) zoning district and the Planned Community Commercial/Business General Plan Land Use Designation. Adjacent uses in the immediate vicinity are also located within the Irvine Industrial Complex and zoned as PC-IND. There are no residential uses located within the immediate vicinity of the project site (Attachment A -Location Map). Public Noticing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on January 31, 2008. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on January 31, 2008. The applicant was informed of the availability of the agenda and staff report for this item. Conditional Use Permit and Design Review Section 9276d of the Tustin City Code (TCC) requires any major wireless communication facility established or modified to receive approval of a conditional use permit from the Planning Commission. The proposed project, aground-mounted wireless communication facility, does qualify as a major wireless communication facility. Pursuant to Section 9276e design review approval is required for the establishment or modification of any wireless communication facility. PROJECT DESCRIPTION The subject property is located at the street knuckle of Michelle Drive and Chambers Road and is adjacent to the I-5 Freeway and Tustin Ranch Road. There are residences across Tustin Ranch Road that are within the 300 foot noticing parameters; however, the mono-pine itself would be more than 800 feet from residential uses. Visibility from Michelle Drive would be limited as the mono-pine is located at the rear of the property and approximately 550 feet from the street. The project site is more than 100 feet from the closest legally established major wireless communication facility located at 2631 Michelle Drive. As proposed, the project meets all of the distancing requirements for a major wireless communication facility as outlined in Section 9276h of the TCC. The applicant is proposing to establish a major wireless communications facility consisting of a fifty-five foot (55') tall mono-pine structure with six (6) panel antennas, one (1) GPS antenna, one (1) parabolic dish antenna, four (4) radio equipment cabinets, underground utilities, and coaxial cables (Attachment B -Submitted Plans). All ground- mounted equipment would be contained within a sixteen foot (16') by twenty-two foot (22') block wall enclosure. The mono-pine is made of synthetic materials that are formed and colored to mimic the appearance of a pine tree. The canopy of the mono- CUP 07-021 and DR 07-021 February 12, 2008 Page 3 pine has a varying diameter at different points with a maximum canopy diameter of twenty-six feet (26') at the bottom. The block wall enclosure will have a stucco finish painted to match the existing building on-site. The facility is proposed in a landscaped area towards the rear of the parking lot where existing pine trees would serve to screen the facility. The greatest visibility of the proposed mono-pine would occur from the southbound lanes of the I-5 Freeway; however, it is the intent of a stealth facility such as the proposed mono-pine to blend in with the existing environment and minimize any visual impacts. Height restrictions within the Irvine Industrial Complex are dictated by the Federal Aviation Administration (FAA). The maximum height of 55 feet for the mono-pine is clear of the airspace easement for John Wayne Airport. Conduit to the facility would run from an existing SCE transformer underground along the parking lot. The existing transformer is located in a landscaped area at the perimeter of the parking lot approximately 220 feet from Michelle Drive. This location would also accommodate a proposed meter pedestal for the facility. Condition 2.6 of Resolution No. 4082 requires the applicant to evaluate all requests for co- location and determine the compatibility with the existing facility. Co-location is the first preference in determining site selection for wireless communication facilities within the City of Tustin pursuant to Section 9276f(2) of the TCC. FINDINGS In determining whether to approve the Conditional Use Permit and Design Review for the installation and operation of the proposed major wireless communication facility, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City, and that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. A decision to approve this request may be supported by the following findings: 1) The project is consistent with Section 9276 of the Tustin City Code pertaining to wireless communication facility regulations and guidelines in that the placement of major wireless communication facilities within Industrial (M) and Planned Community Industrial (PC-IND) zoning districts is encouraged. 2) The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that it would be more than 300 feet from any residential uses and more than 100 feet away from any legally established major wireless communication facility. The project site is not in the vicinity of any sensitive or residential uses where it would create a nuisance for the people residing or working in the area. CUP 07-021 and DR 07-021 February 12, 2008 Page 4 3) The location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the mono-pine would be of a stealth design to blend in with the existing perimeter trees, and all associated equipment would be screened within a stucco block wall enclosure. The project site is also located within a remote area of landscaping towards the rear of the parking lot that has low visibility from the public right-of-way. 4) The overall height of fifty-five feet (55') for the mono-pine would not infringe upon the Federal Aviation Administration airspace easement for John Wayne Airport. 5) As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and shall submit apost-installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. Staff recommends that the Planning Commission adopt Resolution No. 4082 approving Conditional Use Permit 07-021 and Design Review 07-021 to allow for the establishment and operation of a major wireless communications facility consisting of aground-mounted stealth mono-pine and associated equipment within the Irvine Industrial Complex Planned Community District and the Planned Community Industrial (PC-IND) zoning district located at 2441 Michelle Drive. Ryan Swiontek Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Submitted Plans C. Resolution No. 4082 EXHIBIT A LOCATION MAP I~ I ~ (~~ it 1 '~ )j~ ! uCATION MAP ~ ~.--~.'~, ~~i.~. , '1 !' ~,-;~ ~' f ~`~~ ~~~° ~'~ ~`~ ° ~ ~ ~ ' ~~ TUSTIN CITY MAP ('C..t) i ~F ' `' S ..f ' °~' , ~ ~ ~ ~ ~ ~ "~ ~ Project No. CUP 07-021 . ~~ -~ ,~ DR 07-021 w'~ ' ~ ~ ,:~'~ ; i/ L, Address: 2441 Michelle Drive `'"'~ / ~ ~ Tustin, CA 92780 .~~ ( f t' J. _ _ . ~~~~ •. ~ " .~,. `~:~ ./' /rte " ~'°~' `"` I ~ ~ ~`' ~~~ ~ ~ ,~ ~ ~ ~, ~~..!~ ~~~ ~ 300' ~_.. ~,,' /Y ~ ,;gib" /w "~"`~ 500' r py I V ~ ~ ~ t~ DRiYE A N r .ti°ol v a' ~y °A(e° ~ N S~ (413J 0152 Ilf3f C ~( _' `, tat µt~t . (4 fN9Z (4f9f ..(1J t42D1 420f ~. ~ r- X421 t,y?~ ! ~ s ~ ~/2'b2 its 1 , is 15t 1 'a2Si I,y272 L'L ~~i3 t~za= r °+Zgl j4sat Yt3°=( (43(t (a3/2 (l32t rw a ~ 2/ ~ rL X331 143;2 143 ;t~ ~~ -t3S° 14352 ,l31( (4752 (435( . '"~° (438( 147b2 (438( ~,. (4~40f µt02 14401 s ` r ~..Rr .: ~ MasC 7 `" ~~rrr~ tr»~~~*~~ Hs5/ ~'*sz (a4Si J ~'~ r"-.,4 1{¢7lbti °4432 ~ t4l5( ry NN 2 N h x a.ta ~ ~ ~ ~ y{'' • k4 W F.fS j j 2 v ` _ ~, N v ftsB a _. 1j*w-,< ~. ~ :+++.n.,.~ `.., ir..r7.,.:. , -~~,.w, ~T..:.: ~4cw.a n+e~a+ai ATTACHMENT B SUBMITTED PLANS LETTER OF JUSTIFICATION FOR LAZS13-D TOSHIBA 2441 MKHELLE DRIVE SEQUOIA TUSTIN, CALIFORNIA 92780 DFPFOYMENT $EIIVICFS, INC. APN: 432-471-16 Royal Street Communications California, LLC (Royal Street) proposes to construct, operate, and maintain a wireless telecommunications facility located at 2441 Michelle Drive, Tustin, California. The facility will consist of six (6) panel antennas, one (1) GPS antenna, one (1) parabolic dish antenna, four (4) radio equipment cabinets, underground utility runs, and underground coaxial cable runs. The facility will be located in the east corner of the parking lot adjacent to tall trees of comparable height. The proposed location was selected to use the existing pine trees for natural screening of the proposed monopine. The proposed design was selected to match and blend in with the surrounding trees. The facility is needed to provide coverage for Royal Street's new wireless telecommunications network in southern California. The network began providing~commercial service earlier this month. The proposed antennas will be attached to the existing monopine at a top of antenna height of 50 feet and will be right at the top of the existing adjacent pine trees which average approximately 48-49 feet tall. The proposed "branching" on the monopine will extend above the antennas an additional 5 feet to allow the top of the monopine to have a natural appearance. The- proposed antennas will be painted dark green to match the monopine branching and will be covered in faux pine needle antenna socks to further camouflage the antennas. The dense landscaping on the property provides good screening for the existing monopine, particularly the lower section, and wilt conceal most if not alt of the proposed structure from surrounding public views. The proposed radio equipment will be housed inside of a new block wall enclosure located at the base of the monopine. The enclosure will have a stucco finish to match the building on the property and will be landscaped on alt sides to soften its appearance and comply with landlord and City of Tustin requirements. The proposed height of the structure will screen all equipment from view. The utilities wilt be obtained from sources on the property and will be routed to the project underground. The proposed path will follow that of other on site utilities as to not impact the function of the property. The proposed location was selected after carefully considering the needs of the new network, land use patterns in the area, willingness of the landlord to enter into a tease for the facility and the zoning code of the city of Tustin. White other alternatives were considered as alternate locations for this facility, they were ruled out before designs could be produced for public review as they did not meet the functional needs of the network; i.e. they were too far north or south to provide coverage to the entire coverage objective, did not comply with the City of Tustin code requirements, or could not be leased. The roof of the building on the property was considered as a potential location for the wireless telecommunications facility but was found to not be functional unless a 15 -20 foot tall antenna structure was constructed on the roof. This would have nearly doubted the height of the building. Been highly visible from Tustin Ranch Road, and been required due to the enormous size of the building which is several hundred feet across. LETTER OF JUSTIFICATION FOR LAZ513-D TOSHIBA 2441 MICHELLE DRNE SEQUOIA TUS71N, CALIFORNIA 92780 DEPLOYMENT SE0.VICFS. INC. APN: 432-471-16 The Joe's Garage building was also considered as an option. Due to the death of a property owner of the property and zoning issues related to the existing monopole on the property the site was determined not to be leasable (due to the death of the owner) or zonable (due to the highly visible nature of the existing monopole and its residential proximity. ) The Location on the property was selected to allow the proposed monopole to be placed as far away from the residential uses to the east and close to existing trees that provide considerable screening of the proposed structure. Although other locations on the property are feasible their proximity to the building would require the structure to be approximately 60 feet taller to provide the same signal propagation, would not have the benefit of the close and dense tree cover, and would be hundreds of feet closer to residential uses. 2 ti ~ o ~J N ~ ~ ~.. ~ ~ - ~ 1, ~ T w og Q. ~ ~ > ~ ~ .a- a ~~ •,,, Q ~~~ ~c ,v W z ff ~ ° a ~~ ~ ~~ ~I ~ z~~ H 1~ ~ ~ ~ N J W ~~ - ~ J ~ U ~~~ _~ ~~ W U W ~ ~~~ O ~ ~ O o ~m 0 ~ ~~ 1\ N ~v O ~~ ~ ~ ~ ~~~ ~ ~ b ~ b j g ~ ~ ~~ ~ ~ ~ 5 U X ~ 2 Z ~~~ ~ ~ ~ Z ~ ~ ~ W ~ k g 3t W ~' ~ ~ ~ ~ ~' ~ Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 8 ~-- ~ s ~~ o ~~ W ~ _~$s ~~oa~ ~ ~ Q ~ a aa ~ ~~~= ~ Z _ > ~ .~~: ~ W ~ ~~~~~ U ai ,. ~~ ~ ~ ~ ~ O ~9 ~~ ~ ~~~~ Y ~~ ~~ ~ ~ ~ U W ~WOyy ~`k O ~ ~ 'y ~~y ~~#` ~ ~b a ~ ~~3~G ~ R ~~~'~E _ W y aa ~ 9 ya ~ ~ F- Q ~ e ~ ~ ~ ~ O O ~ ~ g~ W ~~~ ~~ ~ U Z J ~~~~ ~~g~ ~~ Q .. ~ ~ a O a- m8~~ °°~~ ~~~ ~~ ~ ~- ~ ~ ~ o ~ ~ z ~ ~ ~ z ~~ ~ w ~ W ~~ ~~~ ~w~ ~ ~ ~ g W ~~3~~ ~ ~ ~nQ~~ ~ ~~~~ ~ ~~~ a ~ ~~ as w ~~a z ~$° a; - Z a _ ~ ~ ~ ~ ~ ~ ~ ~~~~ a ~~~~ ~~~~~~ ~~~ ~~~~~ ~ g i ~~ ~ ~.r~.yc ;rrtcon~c tit ~ '~ ~ o+ ffi o ~ ~ ~ c e R ;o ~ _ 9 k e yip ~ k e k ~~ e q e~ ~ k~ ~. c~ ~ Y I .I ~ I ~~ aT~ RYA ~ _ f L C G i _ s '- :( z R ~~ 8 .. y ... 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'i< \ VAN C C ~ H W C N . ~ ~ i~.~ X41 « ~~ ~ ; ~. ''~_' 4 Of 3 m ri„~; ~ ~NF~ O. m +.t, ATTACHMENT C RESOLUTION NO. 4082 RESOLUTION NO. 4082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-021 AND DESIGN REVIEW 07-021 AUTHORIZING THE ESTABLISHMENT OF A MAJOR WIRELESS COMMUNICATION FACILITY CONSISTING OF A GROUND-MOUNTED STEALTH MONO-PINE AND ASSOCIATED EQUIPMENT LOCATED AT 2441 MICHELLE DRIVE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 07-021 and Design Review 07-021 was filed by Pete Shubin of Sequoia Deployment Services, Inc. on behalf of Royal Street Communications, LLC. to request authorization to establish a major wireless communications facility consisting of a stealth mono-pine and associated equipment located at 2441 Michelle Drive within the Irvine Industrial Planned Community District, Planned Community Industrial (PC-IND) zoning district, and the Planned Community Commercial/ Business General Plan Land Use Designation. B. The General Plan Planned Community Commercial/Business Land Use Designation and Irvine Industrial Complex Planned Community District allow for a combination of general industry, business and professional offices, and commercial activities. In addition, the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. A public hearing was duly called, noticed, and held for Conditional Use Permit 07-021 and Design Review 07-021 on February 12, 2008, by the Planning Commission. D. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, and that the location, size, architectural features, and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole in that: Resolution No. 4082 Page 2 1) The project is consistent with Section 9276 of the Tustin City Code pertaining to wireless communication facility regulations and guidelines in that the placement of major wireless communication facilities within Industrial (M) and Planned Community Industrial (PC-IND) zoning districts is encouraged. 2) The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that it would be more than 300 feet from any residential uses and more than 100 feet away from any legally established major wireless communication facility. The project site is not in the vicinity of any sensitive or residential uses where it would create a nuisance for the people residing or working in the area. 3) The location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the mono-pine would be of a stealth design to blend in with the existing perimeter trees, and all associated equipment would be screened within a stucco block wall enclosure. The project site is also located within a remote area of landscaping towards the rear of the parking lot that has low visibility from the public right-of-way. 4) The overall height of fifty-five feet (55') for the mono-pine would not infringe upon the Federal Aviation Administration airspace easement for John Wayne Airport. 5) As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and shall submit a post-installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. E. The location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Towers and antennae. 5. Landscaping and parking area design and traffic circulation. 6. Location and appearance of equipment located outside of an enclosed structure. 7. Physical relationship of proposed structure to existing structures. Resolution No. 4082 Page 3 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9. Development guidelines and criteria as adopted by the City Council. F. This project is Categorically Exempt pursuant to Section 15303 (Class 3) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 07-021 and Design Review 07-021 authorizing the establishment of a major wireless communication facility consisting of a mono-pine and associated equipment located at 2441 Michelle Drive. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of February, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4082 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of February, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4082 CONDITIONAL USE PERMIT 07-021 AND DESIGN REVIEW 07-021 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 12, 2008, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 07-021 and Design Review 07-021 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a revised, notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODES (4) DESIGN REVIEW *** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Resolution No. 4082 Page 2 (1) 1.5 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Conditional Use Permit 07-021 and Design Review 07-021 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4082, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Except as otherwise stated in Condition 1.3, Conditional Use Permit 07-021 and Design Review 07-021 approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. A copy of said lease agreement shall be submitted to the Community Development Director prior to issuance of any permits. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the lease, the facilities shall be removed- from the property. (1) 1.10 Operation of the wireless facility shall be in compliance with the proposed methods of operation as proposed by the applicant and noted on the plans: a. The applicant (Royal Street Communications) recognizes that the frequencies used by the cellular facility located at 2441 Michelle Drive Exhibit A Resolution No. 4082 Page 3 are extremely close to the frequencies used by the City of Tustin for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Inc. (APCO) and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Royal Street Communications shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. b. Before activating its facility, the applicant (Royal Street Communications) shall submit to apost-installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the applicant. 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. c. The applicant shall provide a 24-hour phone number to which interference problems may be reported. To ensure continuity on all interference issues the name, telephone number, fax number, and e- mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of the facility. This condition will also apply to all existing facilities (Royal Street Communications) in the City of Tustin. d. The applicant shall ensure that lessee or other users 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 applicant to comply. Exhibit A Resolution No. 4082 Page 4 USE RESTRICTIONS (4) 2.1 The facility shall be limited to a stealth mono-pine, six (6) panel antennas, one (1) GPS antenna, one (1) parabolic dish antenna, four (4) radio equipment cabinets, underground utilities and coaxial cables. All accessory ground-mounted equipment will be located entirely within the stucco block wall enclosure. (4) 2.2 Prior to final inspection and/or activation, the proposed antennas and complete improvements shall have a finish to match the mono-pine as approved herein to ensure compatibility with the stealth wireless facility. The facility shall be subject to final inspection by a representative of the Planning Department. (4) 2.3 The applicant shall be responsible for relocating and/or replacing any trees or shrubs on-site that would need to be removed as a result of the proposed project. In addition, the applicant shall be responsible for replacing any trees that may become diseased and/or die in the future as a result of the installation and operation of the proposed wireless facility. (1) 2.4 The structure and all related facilities shall be regularly maintained and inspected for safety and aesthetics by the applicant or the property owner in accordance with the approved plans. (1) 2.5 The equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). (1) 2.6 The applicant shall evaluate all requests for co-location on the facility by additional carrier(s) and make agood-faith determination of each such requesting carrier's compatibility with the applicant at this location. If, in the good-faith determination of the applicant, the co-location is technically compatible, then the applicant shall accommodate such additional carrier if applicable business terms can be successfully negotiated. (1) 2.7 Radio frequency emissions shall not exceed the radio frequency emission guidelines of the Federal Communications Commission (FCC), as such guidelines may be amended from time to time. (1) 2.8 The applicant shall prepare upon request, a preliminary report within ninety (90) days of completion of the project demonstrating conformance with national standards established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields and radio frequency radiation. Said report shall be submitted to the Community Development Director. Exhibit A Resolution No. 4082 Page 5 (1) 2.9 If deemed necessary upon change of ownership, mailed notices to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference shall be done. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a change of ownership. The cost of said notification shall be borne by the applicant and/or owner. NOISE (5) 3.1 All construction operations including engine warm up, delivery, and loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (7) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Standards. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations (1) 4.2 Building plan check submittal shall include the following: Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Two (2) copies of structural calculations. Two (2) copies of the Soils report (not more than 12 months old). (1) 4.3 No part of the structure shall project beyond the property line. (1) 4.4 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for Exhibit A Resolution No. 4082 Page 6 approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. (1) 4.5 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. For any questions or concerns, please contact the Public Works Department at (714) 573-3150. (1) 4.6 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a plan for review and approval of the lead acid battery system. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (5) 5.2 Prior to the issuance of building permits, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." (5) 5.3 Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 573- 6100 to obtain a copy of the packet. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall Exhibit A Resolution No. 4082 Page 7 be required based upon those rates in effect at the time of payment and are subject to change. a. All applicable Building plan check and permit fees and Orange County Fire Authority fees shall be paid to the Community Development Department. b. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.