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Home My WebLink About02 CUP 09-036/DR 09-042ITEM #2 TUST [ N Report to the Planning Commission DATE: APRIL 13, 2010 SUBJECT: CONDITIONAL USE PERMIT 09-036 DESIGN REVIEW 09-042 APPLICANT: CELLY ADAMO RELIANT LAND SERVICES, REPRESENTING SPRINT/NEXTEL 1594 BATAVIA STREET ORANGE, CA 92867 PROPERTY TUSTIN SELF STORAGE LIMITED OWNER: ATTN: JOHN YELLAND 550 WEST SIXTH STREET TUSTIN, CA 92780 LOCATION: 550 W. SIXTH STREET GENERAL PLAN: PLANNED COMMUNITY COMMERCIAUBUSINESS ZONING: PLANNED INDUSTRIAL (PM) ENVIRONMENTAL: PURSUANT TO SECTION 15270(a) OF THE CALIFORNIA CODE OF REGULATIONS, THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DOES NOT APPLY TO PROJECTS THAT A PUBLIC AGENCY REJECTS OR DISAPPROVES. REVIEW PURSUANT TO TUSTIN CITY CODE (TCC) SECTION 9276d(1) CRITERIA: AND 9276e, MODIFICATIONS TO MAJOR WIRELESS FAGILITIES REQUIRE APPROVAL OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW. REQUEST: TO MODIFY AN EXISTING MAJOR WIRELESS FACILITY BY REPLACING FOUR (4) PANEL ANTENNAS AND ADDING THREE (3) NEW DISH ANTENNAS, ONE (1) NEW GPS ANTENNA, AND ONE (1) NEW EQUIPMENT RACK, INSTALLING ADDITIONAL PALM FRONDS, AND INSTALLING A PAINTED CYLINDRICAL ALUMINUM SHROUD AROUND THE EXISTING PALM TRUNK. Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4145 denying Conditional Use Permit 09-036 and Design Review 09-042. BACKGROUND The proposed project was originally scheduled for a Planning Commission public hearing on March 9, 201 D. The staff recommendation at that time was that the Planning Commission deny the proposal due to a number of design concerns. On March 9, 2010, prior to the public hearing, the applicant submitted a request for continuance to have time to redesign the project to modify the formal request. The Planning Commission continued the item to the April 13, 2010, hearing date. On March 18 and 23, 2010, the applicant submitted plans with new information showing that a cylindrical aluminum shroud will be installed around the square palm trunk and will be painted to simulate a palm trunk, that additional palm fronds will be installed, and three new dish antennas will be installed on the palm trunk. Although the submitted plans show revisions pertaining to the design concerns, staff does not believe that the plans provide sufficient information to ensure that the modifications will achieve a high quality design upgrade. Therefore, staff is recommending the Planning Commission deny the proposed project. 9998 Approval At the Planning Commission hearing on July 13, 1998, staff recommended denial of Conditional Use Permit (CUP) 98-010 and Design Review (DR) 98-008, nofiing concerns with the design and aesthetics of the proposed wireless facility. At that time, the Planning Commission requested modifications to the design and continued the item for additional hearings on August 10, 1998, and August 24, 1998. On August 24, 1998, the Planning Commission approved CUP 98-010 and DR 98-008, authorizing the major wireless facility. On September 8, 1998, the City Council appealed the Planning Commission's approval of the project citing concerns with the aesthetic appearance and location of the proposed wireless facility. On October 5, 1998, the City Council held a public hearing on the appeal and directed staff to prepare a resolution supporting approval of the proposed project. On October 19, 1998, the City Council adopted Resolution No. 98-92 (Attachment C) upholding the Planning Commission's approval of Conditional Use Permit 98-010 and Design Review 98-008. The applicant and service provider at that time was Nextel. In addition, the conditions of approval required live date palm trees to be planted near the tower to screen and increase its stealth appearance. 2090 Request The proposed project is a request for approval to modify the existing wireless facility by replacing four (4) existing panel antennas, adding three (3) dish antennas, adding one (1) GPS antenna and one (1) new equipment rack, installing additional palm fronds, and Planning Commission Report April 13, 2010 CUP 09-036 and DR D9-042 Page 3 installing a painted cylindrical aluminum shroud around the palm trunk (See Attachment D - Submitted Plans). The GPS antenna would be mounted on the self-storage building roof parapet and the new equipment rack would be located inside the self-storage building. Site and Surrounding Properties The project site is neighbored by Sixth Street and residential properties to the north, Interstate 5 Freeway to the south, an industrial building complex to the east, and the Boys and Girls Club of Tustin to the west. The project site is located on an industrial property, which is improved with aself- storage facility. The existing wireless facility is located near the southeast corner of the property, between the rear of the self-storage building and Interstate 5 Freeway. DISCUSSION AND ANALYSIS Project Summary The application was submitted by Celly Adamo of Reliant Land Services, on behalf of Sprint/Nextel. The applicant is proposing to modify the existing major wireless facility located at 55~ W. Sixth Street by adding antennas, equipment, and palm fronds and installing a cylindrical metal shroud around the tree trunk. Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 4 The existing wireless facility was approved in 1998 and is one of the first major wireless facilities in the City designed as a stealth facility. The facility is highly visible from the Interstate 5 Freeway. It has a square "tree trunk" and the palm fronds do not effectively screen the antenna panels. Over the years, staff has received several negative comments about the design of this particular wireless facility. In addition, the City has had ongoing issues with the required live palm trees dying and needing to be replaced on at least three different occasions. The City has expended Code Enforcement and staff time, such as site inspections, repeated notification letters, and direct communication to ensure minimum maintenance for the facility. Conditional Use Permit Pursuant to TCC Sections 9276d(1) and 9276e, the modification of a major wireless facility requires approval of a conditional use permit and design review. The original applicant was Nextel and the current applicant is Sprint/Nextel. The proposed modifications would Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 5 enhance and expand the wireless facility's signal capacity and is therefore an intensification of the use. The wireless facility is approximately 357 feet from the nearest residential use and 803 feet from the nearest major wireless facility, which meet the location criteria and guidelines in the TCC Section 9276h, Design Review The modifications that were originally proposed by the applicant would result in noticeable changes that included replacing four (4) existing panel antennas and attaching three (3) dish antennas beneath three (3) different panel antennas without improving the design of the existing wireless facility, thus maintaining the outdated square tree trunk design and palm fronds that do not effectively screen the panel antennas. City staff indicated to the applicant that the proposed design should be revised to include upgrades that would improve the aesthetics of the wireless facility and more closely resemble a palm tree. This technology exists. Consequently, on February 11, 2010, staff issued a letter to the applicant informing her a recommendation of approval to the Planning Commission would be made if the project was redesigned to look more like a real palm tree, such as modifying the facility to have additional palm fronds that better screen the antenna panels and adding or cladding the existing trunk with a new cylindrical tree trunk (Attachment E). On February 24, 2010, the applicant informed staff in an a-mail that they were unwilling to modify the monopalm, because it would require major work such as pulling the cables and disrupting the current service (Attachment F). As previously mentioned, staff recommended denial of the project when it was originally scheduled for a Planning Commission public hearing on March 9, 2010. The applicant then requested a continuance, and the Planning Commission continued the project to the April 13, 2010, hearing date. The applicant indicated that they would use the time prior to the April 13, 2010, hearing date to redesign the project. On March 18 and 23, 2010, the applicant submitted revised plans showing three (3) new dish antennas to be installed on the tree trunk instead of attaching to the existing panel antennas, an aluminum cylindrical tree trunk painted to simulate a palm trunk, and additional palm fronds (See Attachment D, Figures 3 and 4). The revised submitted plans, as shown on "Proposed Antenna Configuration" in Figure 3 and on Sheet A-2 of Attachment D, only show the note "trunk to be covered with aluminum shroud, painted to simulate palm trunk" and no further descriptions of color or whether texture would be applied were included. Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 6 Figure 3: Proposed Facili ~~.1 Mr~p;•ALN FRGi1D5 NPf `910JN FD0. CLAR'Tl' fin/ `1' F'ROPO6EV BPRINTM.:>(TEL ~~' DAP lIEAD I'IDId~fED BEHMD dNIFJdNAS (TTP 3J ~ ~ FJ75TI~C P.MF•_ ~ ~~_~--~ A'amaJa rt7PJ `J r exlsnN~eaNr~;-I-- -- 'rr::rr;io~:o.L=~xem~l 1'IGNCPALt1 ~ W.U•9N1'1 °JFYAn ~AkrC I"7 Iyl L ~v~ED ~~,~yi~ v-~aa:st7~ a~n~rN-xta ar Pa.ai .wvaJU ro ~ x' PA~szrc ANn3ru ro ~ PNNiED rc ItnTpv DOBTICYa PAOt~ To MA7GN x~ ~NraJU.6 ! iYP v Tram: mr s> NOF2TH °~ I ~~ E 6~9i~ r~6~9~4 C~ ~ a,~la ~e:~~~ ~ ~ 1~6~; ~c= ;--I 3 b 6 , ., > s i - " ' ~ ~ l l 1 ~' mr.~..A~D ~ Exl6nrr. PANEL- ~ ~ I s ~ 1~ ANTENNA lTYP1~ ~f '~.1 3 il~• f~ ~ ~~- .. rt7 f YJ f ~ ~~ I f 6t.', ~ / 1 f ~I IL! I ,~~ ' ~ v' ~~ n•I'btL~ lNI81iA roL~P»'~nEn rott41o7 FiGSmG avleNre. mP aJ <. ~-- F~~arnmoea 7'rr~~-ICAaDUJA _~ To ~ ~xn+rzv rorwTavoaetaLs jIy1~KrRP31 E%I6rP/5 GO' HIGH i MR:OPALH ' i X FrzDPOSeD _- ePwNTmExrEL 6P9 ArITE.~~h _.-.-.- C411Fi'Il311 ROw'I LCCA1Ep IN6!DE FX1671tir BUILDNG FxI611tY5 DilLDIrG I T :~_ _ of ~' u o I ~ API ~ \ \ \\ .- IX14K V8E R21tE WIIN F]tI61PG lW 2lLlli9 ~_FXISTPG LLFIXGVR IRGN TPJ;LE ttP. Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 7 The photo simulations of the proposed modifications still show that the antenna panels will be readily visible (See Figure 4). Figure 4: Photo Simulation I ; ~ Proposed Proposed Additional ~+` .. ~.• .,`~ ~ ~ Sprint/Nextel ~ -.~~., Frond ' i~' s `~ ~,'~ '~y• Parabolic ~ `~1 . ;~ dishes; Typical I ~ ~ of Three ,,,, Proposed ~ ~ Trunk ~ Shroud i I ~~ ~ ~ - EXISTIIV~ PROP~SE~ On March 24, 2010, staff informed the applicant that the submitted plans did not provide sufficient information to demonstrate that the design concerns were adequately addressed, and staff requested more detail, description, and material samples (Attachment H). However, the applicant did not provide the additional information. The same design concerns exist in that it is unclear that the existing trunk design will be improved, or could possibly be diminished, by the proposed design and the additional palm fronds will not affectively screen the antenna panels. The existing stealth design is not aesthetically acceptable and the proposed modifications do not sufficiently upgrade the appearance of the existing facility. Since the original approval of the existing major wireless facility, new stealth technologies, materials and design applications have improved the design effectiveness of stealth facilities to better resemble the intended tree species. Such stealth designs have palm fronds that better screen antenna panels and textured cylindrical tree trunks, having an overall more realistic design than the existing facility at the project site. Another monopalm wireless facility in the City, at 14861 Franklin Avenue and also operated by Sprint/Nextel, has a design that is more in line with what a stealth monopalm facility should look like (Figure 5). This project was approved in 2001. Planning Commission Report April 13, 2010 CUP 09-036 and D R 09-042 Page 8 14861 nklin Avenue The Tustin City Code grants the Planning Commission design review authority (TCC Section 9276e) to "ensure that new structures enhance their sites and are harmonious with the highest standards of improvements in the surrounding area and total community" (TCC Section 9272a(3)(c)). The proposed addition of antennas would enhance the value and extend the economic life of an unacceptably designed wireless facility. FINDINGS Considering Conditional Use Permit 09-036 and Design Review 09-042 for the modification and operation of the subject major wireless communication facility, the Planning Commission must determine whether or not the proposed request will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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. Staff is recommending that the Planning Commission deny the current request. A decision to deny this request may be supported by the following findings: The proposed modification would increase the wireless facility's signal capacity, expand the economic value and life of the facility, increase the visibility of the facility from surrounding areas, and intensify the negative aesthetic. The proposed changes warrant reconsideration of the appropriateness of the facility design. 2. As proposed, the project does not apply the high standard design techniques and materials that are warranted by the proposed facility expansion. 3. The general appearance of the proposed modifications is incompatible with the surrounding area in that, as proposed, a painted cylindrical shroud around the existing square tree trunk does not ensure that it will have the texture and color to effectively simulate a palm trunk and additional palm fronds do not increase the screening of the panel antennas. Other monopalm wireless facilities have been designed and constructed better and the proposed monopalm modifications should be subject to the same design criteria. Planning Commission Report April 13, 2010 CUP 09-036 and DR 09-042 Page 9 4. Pursuant to TCC Section 9272(c), the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project will 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: a. Height, bulk, and area of structure. Although the height is to remain the same, the addition of the dish antennas would increase the facility's visibility from surrounding areas. b. Setbacks and site planning. The current location is highly visible. Therefore, careful design consideration should be exercised. c. Physical relationship of proposed structures to existing structures in the neighborhood. d. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The facility is immediately adjacent to and at similar elevation grade to the Interstate 5 Freeway. e. Development guidelines and criteria as adopted by the City Council. Although the project complies with location criteria and guidelines prescribed in TCC Sections 9276g and 9276h, the proposed project would increase its visibility, thus lessening the effectiveness as a stealth facility. E nne V. Huffer Associate Planner ~%-~~ _ Elizabeth A. Binsack ~ J Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Resolution 98-92 D. Submitted Plans E. Letter from City dated February 11, 2010 F. E-mail from Applicant dated February 24, 2010 G. Request for Continuance Letter from Applicant dated H. E-mail from City dated March 24, 2010 I. Planning Commission Resolution No. 4145 March 9, 2010 5:'GddWCREPORT201tXCUP 09-0360R 09.042 (corxiiwed WnNess FerihAy Mal),doc ATTACHMENT A LOCATION MAP LOCATION MAP CUP 09-036 AND DR 09-042: 550 W. SIXTH STREET _..... __~ __ ~i.ALlf01t!JIA SI' __.__ Dona oAOn oeoo 0 000 A 0 o n n u o p D C> 0 p P O 0 O O 0 4 r) D O O U O O O O G O O O Y. O 0 0000 a~0 nOOA O O DO P 4 p O A O g 0 aD pn o0° o0go 0000n 00 A n r' o~' O ` O O O On 000000 UgDp ~i aAn i _ , I t aaeo aDOa oaon OgUU o =... OQO aG ~A n~ 0 AOAO ~\ 0 ' J \ "~,~ . _ ~~~ i _I~~~~ '~I -- -SIFT '~:;I _ ~ --- . ~ h ~. :;~ i '~~~... ~~ 300' , 1 ,.. ` ~' - , . ~~ ~~,~ ,- goo' ` i _ ~ _ _ , ~`~ ~ ~ ~^ ~ ~ ~,,: ,v _ - _ -- _~-~ ~L - t. _ . _ 1 ~• "1._. ul i9?2~P+vnw.GeoP~no~IGT ~ ~'.. Q 02G311 ~`.`l~'~~.. ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBERS}: CUP 09-036 and DR 09-042 2. LOCATION: 550 W. Sixth Street 3. LOT: Y BLOCK: _ TRACT: 737 4. APN(S): 401-341-07 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Conditional Use Permit 98-010 and Design Review 98-008 6. SURROUNDING LAND USES: NORTH: Residential SOUTH: Freeway EAST: Industrial WEST: Youth Facilitv 7. SURROUNDING ZONING DESIGNATION: NORTH: Single-Family Residential (R-1) SOUTH: N/A -State Department of Transportation EAST: Planning Industrial (PM) WEST: Public and Institutional (P&I) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Low Density Residential SOUTH: N/A -State Department of Transportation EAST: Planned Community Commercial/Business WEST: Public/Institutional 9. SITE LAND USE: EXISTING Use: Self Storage Facility Major Wireless Facilitv Zoning: Planned Industrial General Plan: Planned Community Commercial/Business DEVELOPMENT FACTS: 10. LOT AREA: 60,984 S. F. 11. BUILDING LOT COVERAGE: 12. 51TE LANDSCAPING: 13. OPEN SPACE: 14. PARKING: 15. BUILDING HEIGHT: 16. BUILDING SETBACKS: 1_4 ACRES PROPOSED Modify the existing Major Wireless Facilitv No Change No Change 100 percent MAX. PERMITTED 5 percent REQUIRED N/A REQUIRED 1:2,000 SF REQUIRED 50 feet MAX. PERMITTED REQUIRED PROPOSED N/A PROPOSED N/A PROPOSED N/A PROPOSED NIA PROPOSED N/A PROPOSED FRONT: 25 feet N/A SIDE: 3 feet N/A REAR: 10 feet N/A 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) NIA Forms:LandUseApplicationFactSheet ATTACHMENT C CITY COUNCIL RESOLUTION NO. 98-92 RESOLUTION NO. 98-92 to 11 lz 13 ~a l~ 16 17 lx 19 ZD 21 u 23 2s 2~ 26 z~ zs z9 A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 98-010 AND DESIGN REVIEW 98-008, A REQUEST TO ESTABLISH A 60 FOOT TALL MAJOR WIRELESS .COMMUNICATIONS .FACILITY ON THE PROPERTY LOCATED AT 550 WEST 6TH STREET. The City Council of the City of Tustin does~hereby resolve as follows: A. That a proper application for Conditional Use Permit 98-010 and Design Review 98-008 was filed by Nextef Communications to establish a major wireless facility located behind the building at 550 West 6th Street. A 60 foot tall monopole structure disguised as a date palm tree would contain frfteen {15)1 foot by 4 foot antenna panels. B. That the proposed facility is consistent with the requirements of Tustin City Code Section 9276 et seq., relating to wireless communications facilities. C. That a public hearing was duly called, noticed and held on said application on July 13, 1998, and continued to the August ~10 and August 24, 1998 meetings by the Piann~ing Commission. D. That on August 24, 1998 the Planning Commission approved Conditional Use Permit 98-010 and Design Review 9$-008 by adopting Resolution No. 3601. E. That on September 8, 1998 the City Council appealed the Planning Commission's approval of the projact. F. That a public hearing was duly called, noticed and held on said appeal on October 5, 1998 by the City Council at which time the City Council took action to uphold the Planning Commission's action on the project. G. That modification, maintenance, and operation of a major wireless communication facility, as conditioned, will not be detrimental to the health, safiety, 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 ofi the subject property, or to the general welfare of the Gity of Tustin,.as evidenced by the following findings: Resolution No. 98-92 Page 2 1) The proposed facility, as conditioned, will not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility will be located behind a building in an Industrial zoning district, consistent with site selection criteria in Tustin City Code Section ` 9276(F)(2)(a)(3), which identifies placement in commercial and industrial zones as a preferred location for such facilities: Consistent with the locational guidelines in TCC Section 9276(H), the facility will be located in the Planned Industrial District and will not be located . within 100 feet of any existing, legally established major wireless communication facility .nor within 300 feet of ,residentially zoned or used property. 10 11 12 13 14 is 16 17 is 19 zo 21 z2 23 24 25 24 z~ is 29 2) The proposed facility, as conditioned, is compatible with uses in the surrounding area in that the placement of five (5) additional date palms will minimize the visual intrusion on . the surrounding community. Scheme 1, as approved by the Planning Commission to include a cluster of two (2} fifty foot tall date palms and one (1) forty foot tall date palm, and a cluster of two (2) fifty foot tall date palms and the sixty foot tall monopalm will help to make the wireless facility appear more natural and less out of place. Consistent with TCC Section 9276(F}(1 ), the facility will be screened from view and will be located inclose proximity to trees of comparable heights. H. Pursuant.to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of the proposed facility 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 Council has considered at least the following items: Height, bulk and area of buildings. 2. Setbacks and site planning. 3: Location, height and standards of exterior illumination. 4. Physical relationship of proposed improvements to existing stnactures in~ the neighborhood. 5. Appearance and design relationship of proposed improvements to existing stnactures and possible future structures in the neighborhood and public thoroughfares. , 6. Development Guidelines and criteria as adopted by the City Council. Resolution No. 98-92 Page 3 This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the Califomia Environmental Quality Act. J.. That 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. 10 12 13 14 15 16 l7 is 19 20 21 22 23 24 zs 26 27 28 29 II. The City Council hereby upholds the Planning Commission's action approving Conditional Use Permit No. 98-010 and Design Review 98-008 authorizing establishment of a major wireless communication facility at 550 West 6th Street, subject to the Conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council at a regular meeting held on the 19th day of October, 1998. PAMELA STOKER City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 98-92 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin. is 5; that the above and _faregoing Resolution No. 98-92 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 19th day of October, 1998. COUNCILMEMBER AYES: woRLEX, DOYLE, THOMAS COUNCILMEMBER NOES: ~~~ COUNCiLMEMBER ABSTAINED: rror~E COUNCILMEMBER ABSENT: SALTARLLLI, POTTS City Glerk EXHIBIT A CONDITIONS OF APPROVAL CUP 98-010 AND DR 98-0OS OCTOBER 19, 1998 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped .October 19, 1998, on file with the Community Development Department, as herein modified, or as modified by the Director ofi Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modification to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Design Review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.3 The applicant sEaall sign and return an Agreement to Conditions imposed form prior to the issuance of any permits. (1) 1.4 A!I conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this, project, subject to review and. approval of plans by the Community Development Department. (1) 1.5 Any public improvements damaged by the applicant adjacent to this project shall be repaired andlor replaced by the applicant as determined by the Engineering Division and shall include but not be. limited to .curb, gutter, . street paving and drive apron. (1) 1.6 Design Review approval shall be' reviewed by the Community Development Director on October 19, 2003. The Director may recommend. to the City Council modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics and general welfare. SOURCE CODES ' (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING GODE/S (4) DESIGN REVIEW *** EXCEPTIONS (5} RESPONSIBLE AGENCY REQUIREMENTS (7) C CC POLICY GUIDELINES Exhibit A -Conditions of Approval Resolution No. 98-92 CUP 98-010 and DR 98-008 October 19, 1998 Page 2 (1) 1.7 The applicant shall hold harmless and .defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.8 Except as otherwise stated in Condition 1.2, Design Review 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 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 subject property. PLAN SUBMITTAL (1) . 2.1 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, electrical and mechanical. plans with the necessary stnuctural calculations, specificafiions and details complying with the Uniform Building Code, other related Codes, City Ordinances and State and Federal Laws and, regulations. The structural calculations and specifications shall be prepared by a California registered civil or structural .engineer. The engineer's license number and license expiration date shall be indicated on • ~ the report. (1) 2.2 .All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All street sections,, curbs, ,gutters, sidewalks, lighting and storm drains shall comply with on-site. improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (fi) .2.3 At building plan check, the applicant shall submit three (3} sets of landscaping and irrigation plans identifying the existing and proposed landscaping, planting details, and modifications to the existing irrigation system. The plan shall be prepared consistent with the City's landscaping and irrigation guidelines. SITE PLAN/ELEVATIONS (4) 3.1 The number of antenna sectors shall be limited to the number shown on the approved plans. The location and configuration of the antenna facility shall be restricted to the location and configuration shown on the approved plans. Exhibit A -Conditions of Approval Resolution No. 98-92 CUP 98-010 and DR 98-008 October 19, 1998 Page 3 (4) 3.2 The installation of the facility shall be consistent with scheme 1 identifying the date palm trees planted in two tight clusters. A minimum of two (2) fifty foot tall date palms shall be provided in the right cluster, and two (2}fifty foot tall and one (1) forty foot tall date palms shall be provided in the left cluster. (4) 3.3 A 6 foofi tall wrought iron fence shall be installed around the wireless facility to prevent unauthorized access to the facility, subject to fnal~approval of the Community Development Department. '~~ *** 3.4 The applicant shall prepare a preliminary report within 90 days of completion of the project demonstrating conformance with national standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be'submitted to the Community Development Director. *** 3.5 The condition of the palm trees is to be monitored by the Community Development Director. If the height, style or condition of the trees serves to lessen the visual mitigation of the communication facility, the Director can require that the trees be trimmed, altered, moved or rep{aced to ensure that the facility will be screened and located in close proximity to trees of comparable heights. . NOISE (1) 4.9 All construction operations including engine warm up 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 that 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. FEES ' (1 } 5.1 Prior to issuance of any building .permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. ATTACHMENT D SUBMITTED PLANS ~`~ 4 ~ ~ a z 'u i~ W ~ Y~. ~ 4 _ ~ m~ ~ YJ i '~ ta, °~ '' z ~ O ~ m ~ In ~ s,°~ Z • i ~~3 q w~ ~ oc ~ i 5~ t " =' '~ ~, o: ~ g+ a ~ ~ ~ Cn U Z 0 ~ m Q v,~ ~L.,,e ~ ~ i '~ ~ is W S' ~ 4 : ~ ~ h ~ : c ~ F- ~ U ~ J ~ ? i l ,~ ~ I P ~ I ~. '- c ~~ r , 4 ,., r ~~ ~ I ~ i , ~: i) ~ . . ~~ I ~ ' I r~,> I ~ ,. ~s/ _,_ ;<` .~ I I ~ ~. 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P ~~ ,~i~ 7~7~~~ JP[:p~~ R pai ~1EIr ~ 6 (ydI ~ d' ~ pepg~ p Ih ~ y3 ~ yy3 i y ~ ~ ~ ~~ a W~ Y~ ~ .,, Go~ {{ ~~ IL~P~ y~ t.,l y y ' I.. vli~d~~ ~ ~ , ~~ i~ ., a i 111 _. _ l~IYAI ~ j 775 : ~n / ~ ~G1 `~~1 ~~ y y i t ~~ a ;. ;:~ ~` ,~` ;'+~!}~~, , ~.1N r~.~ Iffi ,r; (~If'~tii(ldlHilftHlH;~};1tN}1k{(H~NfiINP~tr~t(h(!IkikflM~yi{if{ifii;t~ ~ _ - ~-- li %i~ ~! 1~1: __ ' .~ -„- - ' ' qa _ _ l ~ ~ ~ ~ ~ .. o a~ ~ ~ P ~ ~~ N~7~ ~ a ~ ~ d~ ' C+0 ~ %~~ ~ ~E ~. ~' G -- ,_ r i a _ _ ~ , \,/, ~ b ~ _ ~ ~ ~~~ ~~n ~ ~~ ~I ~?~"'~' ~ ~ ~ - ~ ~"~``~ ~ ~ "- ( Ate ih'~~h,H~li911~1 ~~~, ,,_ Mlh~tnH(Nl"; h~tF'~! 11{~IH . . flY'h ;H;l ((~ LEI it ~ ~ 1 ~ 1 +', . ~ i r. 4~ __ - - '~ ~ ~~ u a , -- -- - W S 5 O ~\ • ~ ~~~ S ri nt .,M.r` CA-ORC5l13-B Tustin Self Storage 550 West 6th Street Tustin, CA 92780 Sprint , r t~E~EI~.~~~!~~:~ 2010 ~' g, S e I r i"I 'V ~ ~I M+/- ~ _.=~nF~_ woos - - wnum -- ^r it -- - .--.~Fa __,~r -... P~ - in _ _ ~. ar ~, ~M., I~' i v - I~ s V0._ ~~ _ f l •w~ View looking Northwest Wreifr~~•i±Y=1 ~EtiaVl~~era~li iriau~~.r ~, \~~1 MAR 2 ~ COp right 2009, TaAfeal~er Oeslgo. Accuracy nl ph~a0~imulaUdn 6aeeJ upon Inlni mutton provlJed by protect appllcanE_ CgMMUN1IY OEVELOPME~k1' BY _. a ~~~ a~ : ~ L 0 ~ ~ ' r/ 1 • ~. ~ m I a m La N~ ~ 1`Ll1 ~!/ L ~ '~ Lfl ~ Lly ~-- s 0 Z c 0 0 a i wi _ it 4~ r~. ^~ .r ~; , x: a 19 v' A ~ ~^ GIs a ~ i~ ~ fi i I '` ~ ~~ ~L 0 f W ~ a N O W ~., O DC Z , ~ 1 Q ~I.I.I ~ ~ I..L ~ V ATTACHMENT E LETTER FROM CITY DATED FEBRUARY 11, 2010 Community Development Department February 11, 2010 Celly Adamo Reliant Land Services Representing Sprint 1594 Batavia Street Orange, CA 92867 TUSTIN SUBJECT: COMPLETENESS OF APPLICATION CONDITIONAL USE PERMIT 09- 036 AND DESIGN REVIEW 09-042 Dear Ms. Adamo: Thank you for your application received on December 30, 2009 requesting authorization to modify an existing wireless facility, a monopalm, at 550 W. Sixth Street. This request is identified as Conditional Use Permit (CUP) 09-036 and Design Review (DR) 09-042. The Community Development Department has reviewed your submitted materials, and in conformance with Government Code Section 65943, this is that your application is considered complete. Your project is tentatively scheduled for the March 9, 2010, public hearing before the Planning Commission. The Planning Commission hearing begins at 7:00 p.m. in the City Council Chambers located at 300 Centennial Way. You or your representatives are encouraged to attend this meeting. The attached Exhibit A is a list of potential conditions of approval for your project, Please be aware that staff has concerns about the wireless facility modifications, as proposed, and the existing facility's current condition. In order to expedite your application, several potential conditions of approval that specifically address and require the applicant to upgrade the visual appearance of the wireless facility to be more effective as a stealth wireless facility have been included (See Condition 3.1). Staffs recommendation to the Planning Commission would be to approve the project only if the project were significantly redesigned pursuant to Condition 3.1. Without the revision requirements, staff's recommendation would be to deny approval of the project. Planning Commission consideration of your proposed project will hinge on what the design modifications will look like. In our opinion, your application would be far stronger with your submittal of a redesigned project that successfully incorporates the design issues identified in Condition 3.1. You are by no means required to submit revised plans at this stage, however if you would like to provide me with a revised project design 30d Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org BUILDING OUR FUTURE HONORING OUR PAST Reliant Land Services Representing Sprint February 11, 2010 Page 2 prior to February 24, 2010, those plans would be forwarded to the Planning Commission for the March 9, 2010 public hearing. A copy of the meeting agenda and staff report for your project will be available seventy-two (72) hours prior to the public hearing. Please let me know prior to this date whether you would like the information made available to pick up at our offices or mailed as soon as it is ready. Should you have any questions regarding this project, please contact me at (714) 573-3174 or by electronic mai! at ehutter@tustinca.org. Sincerely, m ynne V. Huffer Associate Planner Attachment: Exhibit A -Potential Conditions of Approval cc: Dana Ogdon 11Cot-secondlcdd-rdalCddIEDMELYNNEICUPICUP 09-036 Wireless Facility DR09-042)lcomplete.doc EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL CUP 09-036 AND DR 09-042 550 W. SIXTH STREET COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (C) 1.1 The proposed project shall substantially conform with the Tustin City Code and Tustin guidelines and standards and be consistent with submitted plans for the project date stamped 2010, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (C) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Director. (C) 1.3 This approval shall become null and void unless the use is established within six (6) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (C) 1.4 Approval of Conditional Use Permit 09-036 and Design Review 09-042 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 notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form within sixty (60) days from the date of this Exhibit. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (C) 1.5 The applicant shall agree at is 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 attach, 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 this sole Potential Conditions of Approval CUP 09-036 and DR 09-042 Page 2 cost and expense, elect to participate in defense of any such actions under this condition. (C) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (C) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by City Council Ordinance. (C) 1.8 Except as otherwise stated in Condition 1.3, Design Review 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. (C) 1.9 Noise emanating from the equipment, if any, shall not exceed the City's Noise Standards. (C) 1.70 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include but not be limited to curb, gutter, street paving, and drive apron. (C) 1.11 Compliance with requirements of the State Fire Marshal and the Orange County Fire Authority shall be obtained prior to commencing the proposed use. (C) 1.12 Conditional Use Permit 09-036 and Design Review 09-042 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, 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. (C) 1.13 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: Potential Conditions of Approval CUP 09-036 and DR 09-042 Page 3 a. Before activating its facility, the applicant (Reliant Land Services, Sprint/Nextel) shall submit to apost-installation test to confirm that the facility does not interfere 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. b. The applicant shall provide a 24-hour phone number to which interterence problems may be reported. To ensure continuity on all interterence 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 facility (Sprint/Nextel) in the City of Tustin. c. 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. (C) 1.14 Condition 3.2 of City Council Resolution No. 98-92 requires live palm trees to be planted near the wireless facility. Historically, these trees have had to be replaced several times because they have died. The applicant shall provide, or cause to provide, an arborist report that provides a health assessment of the live palm trees and recommendations on haw to ensure the health and vitality of these trees. USE RESTRICTIONS (C) 2.1 The facility modification shall be limited to replacing three (3) existing panel antennas and installing three (3) new microwave antenna on the monpalm, and installing one (1) GPS antenna on the roof of the existing adjacent self- storage building. All accessory ground-mounted equipment shall be located within the existing sewlf-storage building and not be visible from the public right-of--way. (C) 2.2 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. (C) 2.3 The equipment shall not bear any signs or advertising devices (other than certification, warning, or other required seals or signage). Potential Conditions of Approval CUP 09-036 and DR 09-042 Page 4 (C) 2.4 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (C) 2.5 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. (C) 2.6 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 fiime. (C) 2.7 The applicant shall prepare upon request, a preliminary report 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. PLAN SUBMITTAL (C) 3.1 Prior to plan check submittal, the applicant shall revise the proposed project and submit for review and approval by the Community Development Director. The revisions shall include the following: a. Improved appearance that more closely resembles a date palm tree. b. New palm fronds design that effectively camouflages and screens the antennas and dishes. The palm fronds design shall project beyond the antennas and dishes. c. Revised tree trunk design that is cylindrical and textured to resemble a palm tree trunk. Revised plans shall be submitted for review and approval by the Community Development Director no later than ninety (90) days after the date of Planning Commission approval. The Director may forward the revised plans to the Planning Commission for their review and approval. (C) 3.2 At the time of building permit application, the plans shall comply with the latest State and City of Tustin adopted codes. (C) 3.3 The following Construction and Demolition Waste Recycling and Reduction Plan (WRRP) requirements shall be submitted: a. The applicant/contractor is required to submit a 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 Potential Conditions of Approval CUP 09-036 and DR 09-042 Page 5 (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted WRRP, the cash deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the Gity of Tustin. (C) 3.4 The applicant shall comply with all City policies regarding short-term construction emissions. (C) 3.5 Prior to permit issuance, clearances from the following may be required: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. FEES (C) 4.1 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. (C) 4.2 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Building plan check, permit, and inspection fees to the Community Development Department based on the most current schedule. b. Public Works/Engineering plan check and Encroachment Permit fees. c. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. APPENDIX F E-MAIL FROM APPLICANT DATED FEBRUARY 24, 2010 Huffer, Edmelynne From: Celly Adamo [celly.adamo@rlsusa.com] Sent: Wednesday, February 24, 2010 5:46 PM To: Hutter, Edmelynne Subject: CUP 09-036 and DR 09-042 Hi Edmylene, I look through the COAs for this site and pretty much we can do the conditions except for 3.1 (c). This condition will require major work for Sprint, pulling the cables, and disrupting the current service. Can we just add more trees to lessen the appearance of the trunk. ceti.t~ ~erarew,4davu.o Toning Specialist ~~~ Reliant Land Services, Inc. 194 N. Batavia St. Orange, CA 92867 714-68j-0123 Office 714-685-0125 PAX 714-325-fi310 Mobile cel I~adanio~~r~rlsus,j.com Please Hole tlrat the uiformatior~ anU attachments in this ernail are intended for the exclusive use of the addressee and n7ay ronfain confidential a privileged information. !f you are nvt fhe intended recipient, please do not forward, cvpy yr print the message or its attachments, Notify me at the abvve address, and r,Yelete this message artd any attachments. Thanlr you. ATTACHMENT G REQUEST FOR COTINUANCE LETTER FROM APPLICANT DATED MARCH 9, 2010 15$8 N. Batavia St. STE 1D Orange, CA 92867 TEL 714-685-0123 FAX 714-685-0125 March 9, 2010 Ms. Edmelynne V. Hutter Associate Planner 300 Centennial Way Tustin, CA 92780 Subject: Canditional Use Permit 09-036 and Design Review 09-042 Dear Ms. Hutter: Per our conversation, I am requesting a continuance on the hearing for the permit application for this site which is scheduled this evening. This will give us time to submit plans for a re-design on this site to address what the city's concerns on this site. 1. Adding mare "fronds" to the tree. 2. Moving the parabolic antennas closer to the trunk so that it will not be hanging from the panel antennas and be less visible. 3. Installing a shroud around the existing trunk to take care of the square trunk. I will work an getting this information to you by the end of this week or early next week so that we can get schcdulcd on the Planning Commission hearing oti April 13th. Thank you for your kind consideration. Specialist Reliant Land Services, Inc. 1594 N. Batavia St. Orange, CA 92867 714-b85-0123 Office 714-685-0125 FAX 714-325-6310 Mobile celly.adamo @rlsusa.com ATTACHMENT H E-MAIL FROM CITY DATED MARCH 24, 2010 Huffer, Edmelynne From: Hutter, Edmelynne Sent: Wednesday, March 24, 2010 5;15 PM To: 'Celly Adamo' Subject: 550 W. 6th Street; revised plans Hello Celly, Thanks for submitting the revised plans on Thursday (Mar. 18) and the photo sims on Tuesday (Mar. 23). The plans note "Trunk to be covered with aluminum shroud, painted to simulate palm trunk". This is not a sufficient design. Please provide more information and detail regarding the exterior treatment of the shroud that clearly describes that the trunk will be durable and have the color, texture, dimension, pattern, etc. of a palm tree trunk. The material and color should be weather resistant. Please provide samples, close-up photos, and company brochures of the proposed tree trunk. Please submit by Monday, March 29. Please let me know if you have any questions. Thank you, Comelynne V. Hutter, Associate Planner City of Tustin 30o Centennial Way Tustin, CA gz78o T (7~4) 573-374 F (7~4) 573-3>>3 ehutte~~~tustii~ca.org ~-~ Please consider the environment before printing this e-mail. ATTACHMENT I PLANNING COMMISSION RESOLUTION NO. 4145 RESOLUTION NO. 4145 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DENYING CONDITIONAL USE PERMIT 09-036 AND DESIGN REVIEW 09-042, A REQUEST TO MODIFY AN EXISTING MAJOR WIRELESS FACILITY (MONOPALM) LOCATED AT 550 WEST SIXTH STREET BY REPLACING FOUR (4) PANEL ANTENNAS, ADDING THREE (3) DISH ANTENNAS, ADDING ONE (1) GPS ANTENNA AND ADDING ONE (1) EQUIPMENT RACK, INSTALLING ADDITIONAL PALM FRONDS, AND INSTALLING A PAINTED CYLINDRICAL ALUMINUM SHROUD AROUND THE EXISTING PALM TRUNK. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application was filed by Celly Adamo of Reliant Land Services on behalf of SprintlNextel requesting to modify an existing major wireless facility at 550 W. Sixth Street. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planning Industrial (PM). Pursuant to Tustin City Code Section 9276d(1) and 9276e, modifications to major wireless facilities require design approval through a Conditional Use Permit and Design Review. C. That pursuant to Section 15270(a) of the California Code of Regulations (Guidelines for the California Environmental Quality Act) CEQA does not apply to projects that a public agency rejects or disapproves. D. The applicant was informed, in a letter dated February 11, 2010, of the major wireless facility's inadequate design and of an opportunity to submit a revised application and plans addressing the design concerns. The applicant, in an e- mail dated February 24, 2010, stated that addressing all design concerns was not feasible. E. That a public hearing was duly called, noticed, and held on said application on March 9, 2010, by the Planning Commission. The staff recommendation at that time was that the Planning Commission deny the proposal due to a number of design concerns which the applicant was not willing to address. F. That the applicant submitted a request for continuance on March 9, 2010, to allow for time to redesign the project to address staff's concerns and that the Planning Commission continued the public hearing to April 13, 2010. G. That the applicant submitted revised plans to the City on March 18 and 23, 2010. Resolution No. 4145 Page 2 H. That the applicant was informed in an a-mail dated March 24, 2010, that the project, as proposed in the March 18 and 23 plans, was still inadequately designed and further detail, sample materials, and descriptions were requested. However, no further information was received. That there are design concerns in that it is unclear that the existing trunk design will be improved, or could possibly be diminished, by the proposed design and the additional palm fronds will not affectively screen the antenna panels. J. That the establishment, maintenance, and operation of the proposed project will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, and 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 in that: 1. The proposed modification would increase the wireless facility's signal capacity, expand the economic value and life of the facility, increase the visibility of the facility from surrounding areas, and intensify the negative aesthetic. The proposed changes warrant reconsideration of the appropriateness of the facility design. 2. As proposed, the project does not apply the high standard design techniques and materials that are warranted by the proposed facility expansion. 3. The general appearance of the proposed modifications is incompatible with the surrounding area in that, as proposed, a painted cylindrical shroud around the existing square tree trunk does not ensure that it will have the texture and color to effectively simulate a palm trunk and additional palm fronds do not increase the screening of the panel antennas. Other monopalm wireless facilities have been designed and constructed better, and the proposed monopalm modifications should be subject to the same design criteria. 4. Pursuant to TCC Section 9272(c), the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project will 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: a. Height, bulk, and area of structure. Although the height is to remain the same, the addition of the dish antennas would increase the facility's visibility from surrounding areas. b. Setbacks and site planning. The current location is highly visible. Therefore, careful design consideration should be exercised. Resolution No. 4145 Page 3 c. Physical relationship of proposed structures to existing structures in the neighborhood. d. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The facility is immediately adjacent to and at similar elevation grade to the Interstate 5 Freeway. e. Development guidelines and criteria as adopted by the City Council. Although the project complies with location criteria and guidelines prescribed in TCC Sections 9276g and 9276h, the proposed project would increase its visibility, thus lessening the effectiveness as a stealth facility. II. The Planning Commission hereby denies Conditional Use Permit 09-036 and Design Review 09-042, a request to modify an existing major wireless facility. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 13th day of April, 2010. ELWYN A. "AL" HURRAY 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. 4145 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of April, 2010. ELIZABETH A. BINSACK Planning Commission Secretary