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Home My WebLink AboutPC RES 3721 RESOLUTION NO. 3721 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY '~ OF TUSTIN DENYING WITHOUT PREJUDICE CONDITIONAL USE 5 PERMIT 99-027 AND DESIGN REVIEW 99-036 REQUESTING AUTHORIZATION TO ESTABLISH A 'MAJOR WIRELESS 6 COMMUNICATION FACILITY FIFTY FEET IN HEIGHT AND RELATED EQUIPMENT AT 1421 EDINGER AVENUE. 7 s The Planning Commission does hereby resolve as follows: 9 I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-027 and ~ Design Review 99-036 was filed by AT&T Wireless Communications to' establish a major wireless facility located behind the building at ~2 1421 Edinger Avenue. The facility includes a 50 foot tall monopole 13 structure containing three (3) vertically attached antenna arrays contained within a four foot by nine and one-half (4 x 9 ¼) foot 14 enclosure at the top of the facility. Mounted approximately five (5) feet below the 'bottom of the antenna enclosure are two (2) square- ~5 hood parking lot light fixtures. B. That a public hearing was duly called, noticed, and held on said ~? application on April 10, 2000 by the Planning Commission. ]8 C. That the establishment, maintenance, and operation of a major ~9 wireless communication facility will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or 20 working in the neighborhood of such proposed use, or be injurious or 2~ detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as 22 evidenced by the following findings: 23 1 ) The proposed location of the facility is not consistent with the 24 Site Selection Order of Preference within Tustin City Code Section 9276(F)(2). This section requires facilities to be 25 located primarily on existing structures and secondarily 26 where existing topography, vegetation, or other structures provide the greatest screening. The proposed 50 foot tall 27 monopole would be located adjacent to a building that is 28 approximately thirty (30) feet in height and in an area where no vegetation or other structures would provide screening. Resolution No 3721 , CUP 99-027, DR 99-036 Page 2 2) The proposed facility is not consistent with the Additional Locational Guidelines within Tustin City Code Section 9276h(4) which states that major wireless communication facilities should be encouraged to locate and or co-locate on properties which are located within the Industrial (M) Zone and the Planned Community-Industrial (PC-IND) zoning districts. The proposed site is located in the Pacific Center East Specific Plan "Technology Center" zoning designation which provides for general research and development, light industrial, and accessory office and commercial uses. The proposed facility is not consistent with the Screening Criteria and Guidelines within Tustin City Code Section 9276(F)(1)]. This section requires wireless communications facilities to be located in areas that will minimize their aesthetic intrusion on the surrounding community. Ground-mounted facilities should only be located in close proximity to existing above ground utilities, such as electrical towers, utility poles, or light poles of comparable heights. The lack of utilities of comparable heights and styles and the lack of landscaping on the property does not allow for screening of the proposed wireless facility from the adjacent properties and public rights- of-way. 4) The proposed facility is not consistent with the Other Cdteria ~? and Guidelines within TCC Section 9276(F)(3). This section ~s requires operational equipment be located within a building, enclosure or underground vault that complies with the ~9 development standards for the underlying zoning district. The proposed equipment building is located within and is visible 20 beyond a separate equipment enclosure that does not comply 2~ with the ten (10) foot rear yard setback for the Technology Center within Pacific Center East (PCESP Section 4.5.F.3.c), 22 and would require submittal and approval of a variance request. In addition, the combination of a-walled enclosure and a separate 23 shelter building would present a. disjointed appearance. 24 5) The proposed wireless facility would impair the orderly and 25 harmonious present and future development of the area. In addition to the buildings to the south, east and west of the 26 site, there are 'several vacant lots in the vicinity of the :? proposed site to the west, and south, which would be adversely impacted by the proposed monopole. The 2s proposed monopole does not comply with design review 29 criteria in Tustin City Code Section 9272 as follows: Resolution No. 3721 CUP 99-027, DR 99-036 Page 3 · The proposed location lacks any physical buffer for adequate screening; · The design and form of the structure is a cityscape unipole with a vertical antenna enclosure which will be visible above surrounding structures and visually intrusive in the given setting; · The height and size of the structure is visible over existing structures and from two major right-of-ways; · The general appearance of the proposed structure is not compatible with or visually integrated into surrounding structures; · There is a lack of mature landscaping for screening; · The physical relationship of the proposed structure is not in scale with the existing structures within the surrounding area; and, · The proposal does not comply with the City's adopted development guidelines for major wireless communication facilities. 6) The monopole structure would be visible from two major transportation right-of-ways which does not comply with the Section 3.2, Urban Design Concept, of the Pacific Center East Specific Plan. The design objectives within the Specific Plan state that special emphasis should be given to the relationship of structure and building forms oriented toward the visibility opportunities from the SR-55 Freeway, Edinger Avenue and Red Hill Avenue. 7) The Pacific Center East Specific Plan promotes the removal of unsightly and cluttering elements, including the undergrounding of overhead wires and utility poles. Section 3.2 of the Specific Plan refers to "other elements" that are similar to aboveground utilities, including wireless communication monopoles, which should be examined with a view toward improvement of design and elimination of 'these unnecessary elements to improve the visual clarity of the area. 8) The proposed 'location, height, scale, visibility, and lack of screening of the monopole structure does not comply with the following goals within the General Plan for the character development of the Pacific Center. East Specific Plan area: l l.2 Create a cohesive architectural image of attractive streetscape through implementation of development standards and design guidelines to unify the area. Resolution No. 3721 CUP 99-027, DR 99-036 Page 4 2 11.3 Promote building forms that relate to the scale and 3 character of surrounding development. 4 D. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and 5 general appearance of the proposed facility will impair the orderly and 6 harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such ? findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 9 2. Setbacks and site planning. 3. Location, height and standards of exterior illumination. ~0 4. Physical relationship of proposed improvements to existing 11 structures in the neighborhood. 5. Appearance and design relationship of proposed ~2 improvements to existing structures and possible future structures in the neighborhood and public'thOroughfares. ~3 6. Development Guidelines and criteria as adopted by the City ~4 Council. ~5 E. This project is exempt from the requirements of the Califomia 16 Environmental Quality Act (CEQA) pursuant to Section 15270 which states that CEQA does not apply to projects rejected or disappro.ved ~? by a public agency. ~s II. The Planning Commission hereby denies, without prejudice, Conditional Use ~9 Permit No. 99-027 and Design Review 99-036 requesting the establishment of a major wireless communication facility fifty feet in height and related 20 equipment at 1421 Edinger Avenue. 2] PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a :2 regular meeting on the 10th day of April, 2000. 23 24 25 . KOZAK 27 ELIZABETH A. BINSACK 2s Planning Commission Secretary ~,esolution No. 3721 CUP 99-027, DR 99-036 Page 5 STATE OF CALIFORNIA ) 2 COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 5 Commission Secretary of the Planning Commission of the City of Tustin, California; 6 that Resolution No. 3721 was duly passed and 'adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of April, 2000. 8 ELIZABETH A. BINSACK 20 Planning Commission Secretary ]2 ]3 ]4 ].5 ],? 18 20 22 22 23 24 25 26 27 28 29