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HomeMy WebLinkAboutPC RES 4082RESOLUTION 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: I. 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 Com ~is~ rr~th~City of Tustin, at a regular meeting on the 12th day of February, 200 JOH~N'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 CODE/S (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 shalt 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.