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HomeMy WebLinkAboutPC RES 4132RESOLUTION NO. 4132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 08-014 AND DESIGN REVIEW 08-004 AUTHORIZING THE ESTABLISHMENT OF A MAJOR WIRELESS COMMUNICATION FACILITY CONSISTING OF A FREESTANDING, GROUND-MOUNTED STEALTH MONOPINE AND ASSOCIATED EQUIPMENT INCLUDING CAPACITY FOR FUTURE CO-LOCATION LOCATED ON THE SELF-STORAGE PROPERTY AT 14861 FRANKLIN AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 08-014 and Design Review 08-004 was filed by Bridgette Pleasant of AT&T to request authorization to establish a major wireless communications facility consisting of a 55-foot stealth monopine and associated equipment including capacity for future co-location located at 14861 Franklin Avenue within the Irvine Industrial planned community, Planned Community Industrial (PC-IND) zoning district, and the Planned Community Commercial/Business General Plan Land Use Designation. B. The General Plan Planned Community CommerciaVBusiness 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 08-014 and Design Review 08-004 on October 13, 2009, 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. 4132 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 and the facility is proposed on a portion of a property with trees of comparable heights. 2. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that the pole is demonstrated to be 300 feet from any residential uses and in excess of 100 feet from any legally established major wireless communication facility. 3. The location, size, and general appearance of the proposed project is compatible with the surrounding area in that the facility, as proposed and conditioned, has been designed to minimize visual impacts to the surrounding community. The proposed facility is designed as a stealth monopine, includes installation of seven (7) additional live pine trees in addition to existing mature trees in an adjacent landscape area, will be screened by the elevated Future Tustin Ranch Road, and is setback over 270 feet from Franklin and Dow Avenues and over 250 feet from Edinger Avenue. All associated cabinet equipment would be located inside afully- enclosed self storage unit on site or in a block wall enclosure finished to match the building at the foot of the monopine. 4. As conditioned, the overall height of fifty-five feet (55') for the monopine shall 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 shalt 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. Resolution No. 4132 Page 3 6. Location and appearance of equipment located outside of an enclosed structure. 7. Physical relationship of proposed structure to existing structures. 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 08-014 and Design Review 08-004 authorizing the establishment of a major wireless communication facility consisting of a monopine and associated equipment including capacity for future co-location located at 14861 Franklin Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of October, 2009. ~~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) S E OZAK Chairperson I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4132 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of October, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4132 CONDITIONAL USE PERMIT 08-014 AND DESIGN REVIEW 08-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 13, 2009, 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 08-014 and Design Review 08-004 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. 4132 Page 2 (1) 1.5 The a licant shall a ree at its sole cost and ex _ pp g pense, 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 issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (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 08-014 and Design Review 08-004 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. 4132, 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 08-014 and Design Review 08-004 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 and the site restored to the original condition. (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 (AT&T) recognizes that the frequencies used by the cellular facility located at 14861 Franklin Avenue may be extremely close to the frequencies used by the City of Tustin for public safety. This proximity will require extraordinary "comprehensive advanced Exhibit A Resolution No. 4132 Page 3 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, AT&T 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 (AT&T) shall submit to 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. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or aDivision-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 alt 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. 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. USE RESTRICTIONS (1) 2.1 The facility shall be limited to a stealth monopine, nine (9) panel antennas, two (2) GPS antennas, one (1) microwave dish, four (4) radio equipment cabinets, underground utilities and coaxial cables. All accessory ground- mounted equipment shall be located entirely within the stucco block wall enclosure at the foot of the pole or within a fully enclosed leased self-storage unit. Exhibit A Resolution No. 4132 Page 4 (***) 2.2 The applicant shall be responsible for obtaining any required approvals or clearances from the applicable easement holders for work in any easement areas. (4) 2.3 The applicant shall submit a full branch sample and exhibit demonstrating the density of branches at the time of plan check submittal, for review and approval by the Community Development Department. (4) 2.4 Exact locations and details of the proposed step-up transformer and meter pedestal shall be reviewed and approved at the time of plan check. Any proposed above-ground appurtenances shall not impede upon any required parking or circulation areas and shall be located close to other on-site utilities and screened with appropriate landscaping. (4) 2.5 The entire surface of the pole shall be clad with the approved bark material. Painting to replicate bark shall not be an acceptable means of camouflage. All panels, antennas, dishes, or other pole-mounted utilities shall be painted to match adjacent foliage or surface. (***) 2.6 The monopole structure shall be pre-engineered to accommodate a future carrier's full set of antennas and additional conduit space shall be provided as part of the main facility's utilities so as to preclude additional trenching at the time of future co-location, to be verified at the time of plan check and final inspection. (~`**) 2.7 Any antennas, equipment, electrical work, etc. for the future co-location shall receive all necessary building permits prior to installation. (4) 2.8 The proposed CMU walls shall on all exposed sides be textured and painted to match the adjacent buildings. (1) 2.9 No part of the facility or installations shall block any required access to the self-storage units. (4) 2.10 Any roof-mounted utilities shall be screened from view. Equipment and screening measures shall be identified on the construction drawings at the time of plan check. (4) 2.11 Prior to final inspection and/or activation, the proposed antennas and complete improvements shall have a finish to match the monopine 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. Additional camouflage measures may be required by the Planning Department at final inspection. Exhibit A Resolution No. 4132 Page 5 (4) 2.12 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) 2.13 The equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). (***) 2.14 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) 2.15 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) 2.16 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. (1) 2.17 If deemed necessary by the Director of Community Development 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. LANDSCAPING (***) 3.1 At the time of landscape and irrigation plan check, the applicant shall submit an arborist report prepared by a qualified, independent arborist identifying any dead or diseased to be removed from the area. The arborist's report shall include an analysis of the maximum tree size viable for new trees for installation and proper rooting. Prior to final inspection, the applicant shall submit a landscape architect or arborist's cert~cation that the new trees have been installed per the approved landscape plans and in a healthy and vigorous condition. The Community Development Department may require Exhibit A Resolution No. 4132 Page 6 additional trees (minimum 48" box) to be installed if necessary as a result of the findings of the arborist report and/or final inspection. (***) 3.2 The project shall include a minimum of seven (7) five 48-inch box pinus canariensis trees to be installed in accordance with the approved planting plan. The applicant and property owner shall be responsible for ensuring that the trees are installed and maintained in a healthy and vigorous condition. 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. NOISE (5) 4.1 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) 4.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Ordinance. BUILDING DIVISION (1) 5.1 At the time of building permit application, the plans shall comply with the 2007 Califomia Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California , 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (1) 5.2 The construction drawings and structural calculations submitted for plan check shall include necessary pre-engineering for at least nine (9) panel antennas for a future carrier. The plans shall also show additional conduit space to be able to accommodate a future carrier's utilities. (1) 5.3 Building plan check submittal shall include the following: a. Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. Exhibit A Resolution No. 4132 Page 7 b. Two (2) copies of structural calculations. c. Two (2) copies of soils report (not more than 12 months old). (1) 5.4 Prior to permit issuance, clearance from the Orange County fire Authority is required. (1) 5.5 The applicant shall comply with all City policies regarding short term emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 mile per hour. PUBLIC WORKS DEPARTMENT (1) 6.1 The applicant shall design and construct trash enclosure(s) to meet the City of Tustin Community Development Department's Trash Enclosure Standards. Each trash enclosure shall be designed to accommodate at least two (2) 4 yd.-bins, with at least one (1) bin reserved for recyclable materials. The exterior of the enclosure shall be textured and painted to match existing buildings on site. (1) 6.2 Prior to issuance of building permits, the applicant/contractor is required to submit a Construction and Demolition Waste Recycling and Reduction Plan (WRRP) to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 7.1 Special Equipment and Systems: 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 plans shall be in accordance with Chapter 6, Section 608 of the 2007 California Fire Code." The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." Exhibit A Resolution No. 4132 Page 8 FEES (1) 8.1 Prior to issuance of am applicable fees, including be required based upon are subject to change. building permits, payment shall be made of all but not limited to, the following. Payments shall those rates in effect at the time of payment and a. All applicable Building and Planning 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.