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HomeMy WebLinkAbout02 CUP 09-036/DR 09-042ITEM #2 TUSTI N Report to the Planning Commission DATE: MAY 11, 2010 SUBJECT: CONDITIONAL USE PERMIT 09-036 DESIGN REVIEW 09-042 APPLICANT: CELLY ADAMO RELIANT LAND SERVICES, REPRESENTING SPRINTINEXTEL 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 COMMERCIAL/BUSINESS ZONING: PLANNED INDUSTRIAL (PM) ENVIRONMENTAL: 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). REVIEW PURSUANT TO TUSTIN CITY CODE (TCC) SECTION 9276d(1) CRITERIA: AND 9276e, MODIFICATIONS TO MAJOR WIRELESS FACILITIES REQUIRE APPROVAL OF A CONDITIONAL USE PERMIT AND DESIGN REVIEW. REQUEST: TO MODIFY AN EXISTING MAJOR WIRELESS FACILITY BY REPLACING THREE (3) PANEL ANTENNAS AND ADDING THREE (3) NEW DISH ANTENNAS, ONE (1) NEW GPS ANTENNA, AND ONE (1) NEW EQUIPMENT RACK, INSTALLING NEW PALM FRONDS, AND INSTALLING A PAINTED CYLINDRICAL ALUMINUM SHROUD AROUND THE EXISTING PALM TRUNK. Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 2 The applicant has responded to direction and input provided by the Planning Commission at the April 13, 2010, meeting by introducing additional stealth elements such as longer palm fronds and proposing a palm trunk shroud to hide the existing square-shaped trunk. Although the applicant did respond to the Planning Commission's direction, staff continues to have concerns for the proposed project design in that, based on the design and the materials submitted, the existing trunk design may not be improved, or could possibly be made worse, making the wireless facility more prominent rather than stealth. Staff continues to believe that the monopalm upgrade is very poorly designed (palm fronds are unrealistic and the trunk is too wide, proportionately) and that the proposal will not remedy the wireless facility's negative notoriety in the community. Staff has prepared two versions of Resolution No. 4145, repealing Conditional Use Permit 98-010 and Design Review 98-008, and approving Conditional Use Permit 09- 036 and Design Review 09-042. One version, Alternative A, approves the project as proposed and imposes standard Conditions of Approval typical of a wireless facility. The other version, Alternative B, approves the project with specific Conditions of Approval that require the applicant to install realistically designed palm fronds, remove and replace the existing trunk instead of installing a shroud, and to post a cash bond in the amount acceptable to the Community Development Director to ensure compliance with the Conditions of Approval in Alternative B. BACKGROUND The proposed project was originally scheduled for a Planning Commission public hearing on March 9, 2010; however, prior to the public hearing on March 9, 2010, the applicant submitted a request for continuance to allow for redesigning of the project to address staffs concerns. The Planning Commission continued the item to the April 13, 2010, hearing date. Following the hearing, on March 18 and 23, 2010, the applicanfi submitted revised plans with new information showing that a cylindrical aluminum shroud would be installed around the existing square palm trunk and would be painted to simulate a palm trunk, that additional palm fronds would be installed, and three (3) new dish antennas would be installed on the palm trunk. However, no material samples or detailed information were provided in response to several requests by staff. Accordingly, staff again recommended that the Planning Commission deny the proposal due to concerns that the plans did not provide sufficient information to ensure that the modifications would achieve a high quality design upgrade. At the continued public hearing of April 13, 2010, the applicant provided the Planning Commission with material sample of a proposed cylindrical shroud and the applicant indicated that revised plans with additional detail and information addressing the staffs Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 3 design concerns could be submitted to staff for review. Consequently, the Planning Commission continued the item to the May 11, 2010, hearing date to allow for additional applicant submittals and staff review of the proposed modification to the existing monopalm. On April 22, 2010, the applicant submitted revised plans showing a cylindrical palm trunk and new palm fronds and provided sample materials of the shroud. The proposed design is discussed in further detail under the Discussion and Analysis portion of this staff report. 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 zoned Planned Industrial (PM) and improved with aself-storage facility. The project site is surrounded by Single Family Residential (R-1) districts to the north, Interstate 5 Freeway to the south, a Planned Industrial (PM) district to the east, and Public and Institutional (P&I) district to the west. 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. Figure 1: Zoning Map Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 4 DISCUSSION AND ANALYSIS Project Summary 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 poor design of this prominent 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. The application was submitted by Celly Adamo of Reliant Land Services, on behalf of Sprint/Nextel. The proposal is to modify the existing major wireless facility by adding antennas, equipment, and palm fronds and installing a cylindrical metal shroud around the tree trunk. Figure 2: Existing Major Wireless Facility Conditional Use Permit 98-010 and Design Review 98-008 it will be considered moot-since the uses and restrictions originally identified under that conditional use permit and design review are addressed and updated in CUP 09-036 and DR 09-042. Planning Commission adoption of the draft resolution repeals CUP 98-010 and DR 98-008 and approves CUP 09-036 and DR 09-042 in order to simplify the conditional use permit and design review records for the wireless facility. Project Proposals • Initial/Original Proposal The photo simulation in Figure 3a shows the original proposal submitted by the applicant. The proposed modifications involved replacing panel antennas and installing new dish antennas beneath the panel antennas. No changes to the existing Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 5 facility design were proposed. Prior to the March 9, 2010, Planning Commission meeting, the applicant requested a continuance to address staffs initial design concerns. No change to square trunk ~ proposed ~ ~ ~y.,"~,,: , .. .,~, ,,., ;, 1n yip '~ ,. ,i u r _ ., _ _ i ~ ~ - ,~i_: ~ ' r ~, Figure 3a • Second Proposal Replace panels and /install new dish The photo simulation in Figure 3b shows the second proposal submitted by the applicant, which was presented to the Planning Commission on April 13, 2010. The proposed modifications involved replacing panel antennas and installing new dish antennas onto the trunk, adding palm fronds, and installing a painted aluminum shroud around the existing square palm trunk. No sample materials were submitted for staff review. The Planning Commission directed the applicant to work with staff and continued the item to the May 11, 2010, hearing date. Replace panels Install new dish onto the trunk Figure 3b Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 6 • Current Proposal The photo simulation in Figure 3c above shows the third and current proposal submitted by the applicant. The proposed modifications involved replacing panel antennas and installing new dish antennas onto the trunk, installing new palm fronds, and installing a textured and painted aluminum shroud around the existing square palm trunk. Sample materials were submitted for staff review ten (10) calendar days prior to staff report preparation. Textured aluminurr Figure 3c Conditional Use Permit Replace panels Install new dish onto the trunk 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 enhance and expand the wireless facility's signal capacity and is therefore an intensification of the use. Accordingly, CUP 09-036 and DR 09-042 are submitted for the Planning Commission consideration. The existing wireless facility is approximately 357 feet from the nearest residential use and 803 feet from the nearest major wireless facility meeting the minimum location criteria of 300 feet from residential uses and 100 feet from other major wireless facility and the guidelines contained in the TCC Section 9276h. Design Review This section of the staff report discusses the Design Review aspect of the third and current submittal proposed by the applicant. The applicant submitted revised plans on April 22, 2010, and the sample material board on May 3, 2010, showing the proposed modifications to the existing wireless facility. The modifications include removing and replacing three (3) panel antennas and installing three (3) new dish antennas, one (1) GPS antenna, and one (1) equipment rack. The proposed Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 7 modifications also include installing a textured cylindrical aluminum shroud around the existing palm trunk and installing all new palm fronds. The proposed three (3) new panel antennas would replace three (3) existing panel antennas and would not result in a visible change to the existing panel arrays and configuration. The proposed three (3) new dish antennas would be mounted on the proposed trunk and painted to match the trunk, thus minimizing the visibility of the new dish antennas (see Figure 3c). The new GPS antenna would be mounted on the parapet of the existing self-storage building and has a relatively small profile, thus its visibility from the adjacent public thoroughfare would be minimal. The proposed new equipment rack is proposed to be located in the existing equipment room within the existing self-storage building and the additional equipment would not be visible from outside the building. NrJTE. nONOPALn PRONGS NOi NOUN FOR CLARITY PROpOSEQ BPRIN'f~ UAf- F{EAU 1'I F3ENINU ANTENNAS EXISTINs PAhEI_ ~?I~ffEN~ lT1P1 ~ _ e. ~. I E>;ISTIhY3 EO' 4 MGNGP L .~ .~ TONG TD ~ CO~~p OATH ALl!`tltyA"I ~.m PAJNTt~ TO SIMJI_ATE PALM Tp1JG ~ ~ ~. ~ F ~M'A~Eifl'EL az° P/V,pJ_ ANTL~tA TG ~ PWNTEG TO MGTCla ExISTtt~K7 A~iT}3J+k1S (T7P 3> NORTH ~~' PROPOSED ANTENNA CONFIGURATION SGAL~ Figure 4: Proposed Facility Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 8 ~r . _ r~s To eE ~tarir f-+tJD I'YT~E A[7~kTJ) V.II]-! UP TO DATE r ~~ To FfiCT-1pE sTE.~Ln-I ~, avte~Nns As ruaa As Pc~elet E / CENTER Cf F SPRINTMEXTEI. PARApULIC Textured and painted aluminum shroud ~ :PROPOSED SPRINTMExTEL --- GPS A7JTENIJA EQUIPMENT RUOh1 - - -} LOCATED INSIpE t Ex13TING EUILDING 1 EXISTING BUILDING 1` ~' P' ~ ~. 1 s , ...., + _ , w. i P P, ~ , ~e~.. ~~. ~.I .. a '. r p ~ .- . ~ ~ e ,. . v..~~, D ~ G - ~ ~ .. 1. ~ ' Ds v ~ ~ ~.. I . `I ~ v :. ~ p ~ . C ' ~ ,.p ~ . . I. ,D... s'' ~~. D /1 /1 EXISTING IN2Uik~UT IRAN EENi,E TrP ___ GROUND LEVEL ~ ` G'-O A.G L- -,J~ Figure 4: Propased Facility (continued) Proposed Palm Trunk Design The submitted plans note that an aluminum shroud is proposed to encase the existing palm trunk. The applicant submitted photos of the proposed shroud showing a palm trunk that is cylindrical in shape and painted and textured to simulate a real palm trunk (Figure 5a). The applicant also submitted a sample material of the proposed shroud, also painted and textured to simulate a palm trunk (Figure 5b). However, the sample appears to be made of a fiberglass material and the texture and pattern appear different from that shown on Figure 5a. The most recent submitted plans also show that the new trunk will also be I - FTdF0~'Ci £~RIMR~F'XfII. \ J:• PAvL-L ANTEMIA ' TO ~ PAINiFll 1'O t'WTCN E>15T1hG ?hItB~NAs lT1T' 3) " __-_ Pf~'F~E.~~3NiA+~/IEL ~' PA~B-? IG A'~f1t~I~U TU EE PNhIiED TU MATCN Tldty. fT1P?1 GY,I$TINJ 6C' HIGN Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 9 much thicker than the existing trunk, as highlighted on the plans in Figure 4. The applicant has stated that the existing square trunk dimensions are 23-inches by 22-inches and the proposed cylindrical shroud would have athree-foot diameter. ~. . r w ~ ~ ~ l M o r a- , `. ~ Sty ~~ - .: ~}~t ~. _- ~. . _ " w ~ y Y . „ _ ~.. j ~.; .. ~~ryr~~r-~r ~ ~~_ _ ._ , . ... .w~ .,~. ~1 .a ~ - '.~ - _~•.Y ' '* ~ _. . ~Y. ~ ~ _ . '~ti•.- -s' - `~ '=- Figure 5b: Proposed Palm Trunk -Submitted Sample Material Figure 5a: Proposed Palm Trunk -Submitted Photos Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 10 In addition to the sample materials provided, the applicant also provided photo simulations from a close up perspective of the proposed modifications to the wireless facility, as shown in Figure 5c. The photo simulation shows a proposed trunk that is thicker than the existing facility and proposed palm fronds that have a different shape than those on the existing wireless facility and possibly mimics a different species than the nearby live palm trees, resulting in a greater difference in scale between the wireless facility and the existing live palm trees. Proposed Palm Frond Design The proposed new palm fronds are shown in Figures 6a and 6b. The photos and photo simulations show that the new palm fronds will be longer than the existing palm fronds. Longer palm fronds would screen the panel antennas better than the existing fronds. However, based on the photos and sample provided, the proposed palm fronds do not resemble a date palm tree, such as the nearby live date palm trees, and the fronds have an overall unrealistic appearance. Figure 5c: Proposed Palm Trunk -Submitted Photo Simulation Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 11 Figure 6b: Proposed Palm Fronds -Submitted Sample Material The submitted photos provided in Figures 6a depict a palm frond design that is significantly different from the palm frond style depicted on the applicant's sample board (Figure 6b). The photo simulation in Figure 7, which the applicant submitted to help visually show the proposed trunk shroud and new palm fronds, appears to reflect more of the palm frond style shown in Figure 6a instead of the style submitted as sample material (Figure 6b). Figure 7 again emphasizes the significant size difference in trunk size between the existing date palms and the proposed monopalm trunk shroud. Figure 6a: Proposed Palm Fronds -Submitted Photos Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 12 Based on the submitted photos and photo simulations of the proposed palm fronds (Figures 6a and 7a), the new palm fronds appear unrealistic in that they do not resemble palm fronds from a date palm tree as currently proposed. The palm fronds appear to be stiff and do not bend down, and they also appear inconsistent in scale when viewed next to the existing live palm trees, which were originally installed to camouflage the existing wireless facility. Based on the submitted sample material and accompanying photos, the proposed palm frond does not simulate the feathery appearance of the existing live palm tree palm fronds. PROPOSED Figure 7: Photo Simulation Summary of Analysis The applicant has responded to direction and input provided by the Planning Commission at the April 13, 2010, meeting by introducing additional stealth elements such as longer palm fronds and proposing a palm trunk shroud to hide the existing square-shaped trunk. Although the applicant did respond to the Planning Commission's direction, staff continues ~to have concerns 'For the proposed project design in that, based on the design and the materials submitted, the existing trunk design may not be improved, or could possibly be made worse, making the wireless facility more prominent rather than Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 13 stealth. Staff continues to believe that the monopalm upgrade is very poorly designed (palm fronds are unrealistic and the trunk is too wide, proportionately) and that the proposal will not remedy the wireless facility's negative notoriety in the community. FINDINGS In determining whether to approve CUP 09-036 and DR 09-042, 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 approve Resolution No. 4145 (Alternative B). A decision to approve this request may be supported by the following findings: 1. The project is consistent with Section 9276 of the Tustin City Code (TCC) pertaining to wireless communication facility regulations and guidelines in that the existing major wireless communication facilities is located within Planned Industrial (PM) zoning district which is encouraged. The proposed modification would modify the appearance of the existing square-shaped trunk monopalm with a more realistic appearance. 2. The proposed modification would increase the existing wireless facility's signal capacity and communication capabilities, 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 existing facility design. 3. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that the pole is demonstrated to be over 300 feet from any residential uses and in excess of 100 feet from any other established major wireless communication facility. 4. As conditioned, the general appearance of the proposed modifications is compatible with the surrounding area in that, as proposed, the cylindrical shroud around the existing square tree trunk and new palm fronds would increase the screening of the wireless facility. The proposed facility is designed as a stealth monopalm, and all associated cabinet equipment would be located inside a fully enclosed existing self-storage building. 5. Pursuant to TCC Section 9272(c), the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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: Planning Commission Report May 11, 2010 CUP 09-036 and DR 09-042 Page 14 Height, bulk, and area of structure. The existing wireless facility height of sixty (60) feet will remain unchanged, and the existing live palm trees will remain to screen the wireless facility. b. Setbacks and site planning. The existing wireless facility location meets the minimum distance requirements identified in the TCC for wireless facilities. c. Exterior materials and colors. The proposed changes to the exterior materials and colors will create an appearance that is more consistent with a palm tree. d. Physical relationship of proposed structures to existing structures in the neighborhood. The proposed project involves the modification of an existing moriopalm structure, which is located behind an existing self- storage buildinc,~ end no new free-standing structures are proposed. e. 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, and the round shape of the proposed trunk shroud will more closely resemble a palm trunk than the existing square-shaped trunk. Development guidelines and criteria as adopted by the City Council. The project complies with location criteria and guidelines prescribed in TCC Sections 927Gg and 927th. Ed ~" rine V. Huffer Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4145 (Alternative A) E. Planning Commission Resolution No. 4145 (Alternative B) 1C<I~IPCHEPORT4'0101C11P 0?0~ pR 119-442 (wnt6nixl WireL~s:; P;n:iki~y Mixlj dnc ATTACHMENT A LOCATION MAP LOCATION MAP CUP 09-036 AND DR 09-042: 550 W. SIXTH STREET VDO6 OO pt7 00 °U U<700 ~ {t V ° G U t: O O ~ o O ° D O U 4 U O O U p ° r: ° o ° O O U p U ° V ~ O O~ 0000 90 OnUO ° a r~0 V U ~~ O° O O ~~~O ~ 00 OO nO VU i ~ c~ O 0o0 °o° ~ ° " o Q o° uo°o or>a° ° no° - ' i tl UU O tj VVO V , O V O O O^ U V U Otl DO DO (I o OOAO (/g~ 4 ,~ r~ GAtlh C7ltNIA 9T. ~~ "`a I _ ~ j ` ~`'~` ~ `-~__ NTFR ~ _<:__ STgTF ... ~~_... ~1 ATTACHMENT B LAND USE APPLICATION FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): 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 Facility 7. SURROUNDING ZONING DESIGNATION: NORTH: Single-Family Residential (R-~ 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; Publicllnstitutional 9. SITE LAND USE: EXISTING PROPOSED Use: Self Storage Facility Modify the existing Maior Wireless Facility Major Wireless Facility Zoning: Planned Industrial No Ghange General Plan: Planned Community Commercial/Business No Change DEVELOPMENT FACTS; 10. LOT AREA: 60.984 S.F. 1.4 ACRES 11. BUILDING LOT COVERAGE: 100 percent MAX. PERMITTED 12. SITE LANDSCAPING: 13. OPEN SPACE: 14. PARKING: 15. BUILDING HEIGHT: 16. BUILDING SETBACKS: 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 N/A PROPOSED NIA PROPOSED FRONT: 25 feet NIA SIDE: 3 feet NIA REAR: 10 feet NIA 18. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 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COMMUNITY DEVELOPMEPII BY , u,p,tiy; ,.,, . .,, „ _, ,,. , ... 0 a U z W W ~ a i'V W W c~ ~ N ~ _ W a ~ CL' ~ m L ;~' r, ~ , fir; ~L~t~ ~°~'~` r ~~ ~,~i ~~ ~ ~ ~~ ~~~~~~ ~ ~ ~ ~ r ~ ~~`~ ~ 5 6r MM ~~1~~ ~ ~~~~~~ A ~Jk ~.~7 ~f ~ kP ~~iC 3 j ~ ! ~ B ~ l~ q : ~ ~~~~~ F L ~~~~~ ~~.~rr~ ,~ 4~f~ 1 i~R rr~~ did.. ~ ~ p~ ~~9Cii[i~ ~ ~ ~s~fpplrr55 ~ i ```~YY~tt~~i~1 #~((~ d,~fd ~ ~ld S ~~ Il ~~ .Pl[iir :tf r~~~ t x ~ R. s jr ~i d I 1 1 ATTACHMENT D RESOLUTION NO. 4145 (ALTERNATIVE A) RESOLUTION NO. 4145 (ALTERNATIVE A) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN REPEALING CONDITIONAL USE PERMIT 98-010 AND DESIGN REVIEW 09-008, AND APPROVING 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. 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 Sprint/Nextel requesting to modify an existing major wireless facility at 550 W. Sixth Street by replacing three (3) panel antennas, adding three (3) dish antennas, one (1) GPS antenna and one (1) equipment rack, installing new palm fronds, and installing a painted cylindrical aluminum shroud around the existing palm trunk. The conditions of approval in Conditional Use Permit 98-010 and Design Review 98-008 are addressed and updated in Conditional Use Permit 09-036 and Design Review 42 and therefore Conditional Use Permit 98-010 and Design Review 98-008 are considered moot. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned 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. 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). D. That a public hearing was duly called, noticed, and held on said application on March 9, 2010, by the Planning Commission. E. That the applicant submitted a request for continuance on March 9, 2010, to allow for time to redesign the project and to address staff's concerns. The Planning Commission continued the public hearing to April 13, 2010. That a public hearing was duly called, noticed, and held on said application on April 13, 2010, by the Planning Commission. G. The Planning Commission expressed design concerns regarding the proposed project and directed the applicant to submit revised plans that address their design concerns. That the Planning Commission continued the public hearing to May 11, 2010. Resolution No. 4145 Page 2 H. That a public hearing was duly called, noticed, and held on said application on May 11, 2010, by the Planning Commission. I. That the establishment, maintenance, and operation of the proposed project will not 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 project is consistent with Section 9276 of the Tustin City Code (TCC) pertaining to wireless communication facility regulations and guidelines in that the existing major wireless communication facilities is located within Planned Industrial (PM) zoning district which is encouraged. The proposed modification would modify the appearance of the existing square-shaped trunk monopalm with a more realistic appearance. 2. The proposed modification would increase the existing wireless facility's signal capacity and communication capabilities, 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 existing facility design. 3. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that the pole is demonstrated to be over 300 feet from any residential uses and in excess of 100 feet from any other established major wireless communication facility. 4. As conditioned, the general appearance of the proposed modifications is compatible with the surrounding area in that, as proposed, the cylindrical shroud around the existing square tree trunk and new palm fronds would increase the screening of the wireless facility. The proposed facility is designed as a stealth monopalm, ,and all associated cabinet equipment would be located inside a fully enclosed existing self-storage building. 5. Pursuant to TCC Section 9272(c), the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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: a. Height, bulk, and area of structure. The existing wireless facility height of sixty (60) feet will remain unchanged, and Resolution No. 4145 Page 3 the existing live palm trees will remain to screen the wireless facility. b. Setbacks and site planning. The existing wireless facility location meets the minimum distance requirements identified in the TCC for wireless facilities. c. Exterior materials and colors. The proposed changes to the exterior materials and colors will create an appearance that is more consistent with a palm tree. d. Physical relationship of proposed structures to existing structures in the neighborhood. The proposed project involves the modification of an existing monopalm structure, which is located behind an existing self-storage building and no new free-standing structures are proposed. e. 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, and the round shape of the proposed trunk shroud will more closely resemble a palm trunk than the existing square-shaped trunk. f. Development guidelines and criteria as adopted by the City Council. The project complies with location criteria and guidelines prescribed in TCC Sections 9276g and 9276h. II. The Planning Commission hereby repeals Conditional Use Permit 98-010 and Design Review 98-008, and approves Conditional Use Permit 09-036 and Design Review 09-042, a request to modify an existing major wireless facility at 550 W. 6th Street, 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 11th day of May, 2010. ELWYN A. "AL" MURRAY Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4145 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the Commission Secretary of the duly passed and adopted at a on the 11th day of May, 201 ~. undersigned, hereby certify that I am the Planning City of Tustin, California; that Resolution No. 4145 was regular meeting of the Tustin Planning Commission, held ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4145 CONDITIONAL USE PERMIT 09-036 AND DESIGN REVIEW 09-042 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 11, 2010, 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 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 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. (1) 1.5 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) 1.6 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 Exhibit A Resolution No. 4145 Page 3 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) 1.7 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 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 of Resolution No. 4145, 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 09- 036 and Design Review 09-042 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. Exhibit A Resolution No. 4145 Page 4 (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. Before activating its facility, the applicant (SprintlNextel) 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. b. 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 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. *** 1.11 Design Review approval shall be reviewed by the Community Development Director on May 11, 2015. The Director may recommend to the Planning Commission modifications to the existing conditions or impose new conditions as part of such review to protect the public health, safety, and community aesthetics and general welfare. (1) 1.12 All conditions in this Exhibit shall be complied with prior to issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. USE RESTRICTIONS (1) 2.1 The facility modification shall be limited to removing and replacing three (3) panel antennas, three (3) new parabolic dish antennas, one (1) new GPS antenna, one (1) new equipment rack, new palm fronds and a new palm trunk. All equipment shall be located entirely within existing self- storage building. (1) 2.2 Prior to final inspection and/or activation, the proposed antennas and completed improvements shall have a finish to match the monopalm modifications as approved herein. The facility shall be subject to final Exhibit A Resolution No. 4145 Page 5 inspection by a representative of the Planning Department. Additional camouflage measures may be required by the Planning Department at final inspection. *** 2.3 The applicant shall maintain and replace as necessary the existing live palm trees shown on the approved plans. A minimum of two (2) fifty-foot tall date palms shall be provided in a cluster adjacent to the wireless facility, and two (2) fifty-foot tall and one (1) forty-foot tall date palm trees shall be provided in a cluster left of the wireless facility, as shown on the approved plans. *** 2.4 The condition of the live 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 replaced to ensure that the facility will be screened and located in close proximity to trees of comparable heights. *** 2.5 A six (6) foot tall wrought iron fence shall be installed and/or maintained around the wireless facility to prevent unauthorized access to the facility. (1) 2.6 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) 2.7 The equipment shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). (1) 2.8 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) 2.9 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. 4145 Page 6 (1) 2.10 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. *** 2.11 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. NOISE (1) 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 AM until 6:00 PM, Monday through Friday and 9:00 AM until 5:00 PM 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 the progress of the work. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Standards. PLAN SUBMITTAL (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 , 2007 California Electrical Code {CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. (1) 4.2 Building plan check submittal shall include the following: a. Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. b. Two (2) copies of structural calculations. c. Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Exhibit A Resolution No. 4145 Page 7 (1) 4.3 The following Construction and Demolition Waste Recycling and Reduction Plan (WRRP) requirements shall be submitted 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 (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 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 City of Tustin. (1) 4.4 Prior to permit issuance, clearance from the Orange County fire Authority is required. (1) 4.5 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. (1) 4.6 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. 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. Payments shall be required based upon those rates in effect at the time of payment and are subject to change: Building and Planning plan check and permit fees Encroachment Permit plan check and permit fees Orange County Fire Authority fees. Exhibit A Resolution No. 4145 Page 8 (1, 5) 5.2 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 ($5D.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. ATTACHMENT E RESOLUTION NO. 4145 (ALTERNATIVE B) RESOLUTION NO. 4145 (ALTERNATIVE B) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN REPEALING CONDITIONAL USE PERMIT 98-010 AND DESIGN REVIEW 09-008, AND APPROVING 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. 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 Sprint/Nextel requesting to modify an existing major wireless facility at 550 W. Sixth Street by replacing three (3) panel antennas, adding three (3) dish antennas, one (1) GPS antenna and one (1) equipment rack, installing new palm fronds, and installing a painted cylindrical aluminum shroud around the existing palm trunk. The conditions of approval in Conditional Use Permit 98-010 and Design Review 98-008 are addressed and updated in Conditional Use Permit 09-036 and Design Review 42 and therefore Conditional Use Permit 98-010 and Design Review 98-008 are considered moot. B. The site is designated as Planned Community Commercial/Business by the City General Plan and is zoned Planned 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. 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). D. That a public hearing was duly called, noticed, and held on said application on March 9, 2010, by the Planning Commission. E. That the applicant submitted a request for continuance on March 9, 2010, to allow for time to redesign the project and to address staff's concerns. The Planning Commission continued the public hearing to April 13, 2010. F. That a public hearing was duly called, noticed, and held on said application on April 13, 2010, by the Planning Commission. G. The Planning Commission expressed design concerns regarding the proposed project and directed the applicant to submit revised plans that address their design concerns. That the Planning Commission continued the public hearing to May 11, 2010. Resolution No. 4145 Page 2 H. That a public hearing was duly called, noticed, and held on said application on May 11, 2010, by the Planning Commission. I. That the establishment, maintenance, and operation of the proposed project will not 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 fio the general welfare of the City of Tustin in that: 1. The project is consistent with Section 9276 of the Tustin City Code (TCC) pertaining to wireless communication facility regulations and guidelines in that the existing major wireless communication facilities is located within Planned Industrial (PM) zoning district which is encouraged. The proposed modification would modify the appearance of the existing square-shaped trunk monopalm with a more realistic appearance. 2. The proposed modification would increase the existing wireless facility's signal capacity and communication capabilities, 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 existing facility design. 3. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that the pole is demonstrated to be over 300 feet from any residential uses and in excess of 100 feet from any other established major wireless communicatian facility. 4. As conditioned, the general appearance of the proposed modifications is compatible with the surrounding area in that, as proposed, the cylindrical shroud around the existing square tree trunk and new palm fronds would increase the screening of the wireless facility. The proposed facility is designed as a stealth monopalm, and all associated cabinet equipment would be located inside a fully enclosed existing self-storage building. 5. Pursuant to TCC Section 9272(c), the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed project 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: a. Height, bulk, and area of structure. The existing wireless facility height of sixty (60) feet will remain unchanged, and Resolution No. 4145 Page 3 the existing live palm trees will remain to screen the wireless facility. b. Setbacks and site planning. The existing wireless facility location meets the minimum distance requirements identified in the TCC for wireless facilities. c. Exterior materials and colors. The proposed changes to the exterior materials and colors will create an appearance that is more consistent with a palm tree. d. Physical relationship of proposed structures to existing structures in the neighborhood. The proposed project involves the modification of an existing monopalm structure, which is located behind an existing self-storage building and no new free-standing structures are proposed. e. 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, and the round shape of the proposed trunk shroud will more closely resemble a palm trunk than the existing square-shaped trunk. f. Development guidelines and criteria as adopted by the City Council. The project complies with location criteria and guidelines prescribed in TCC Sections 9276g and 9276h. The Planning Commission hereby repeals Conditional Use Permit 98-010 and Design Review 98-008, and approves Conditional Use Permit 09-036 and Design Review 09-042, a request to modify an existing major wireless facility at 550 W. 6th Street, 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 11th day of May, 2010. ELWYN A. "AL" MURRAY Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4145 Page 4 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 11th day of May, 2010. ELIZABETH A. BWSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4145 CONDITIONAL USE PERMIT 09-036 AND DESIGN REVIEW 09-042 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans far the project date stamped May 11, 2010, 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 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 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. (1) 1.5 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) 1.6 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 Exhibit A Resolution No. 4145 Page 3 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) 1.7 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 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 of Resolution No. 4145, 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 09- 036 and Design Review 09-042 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 Develapment Director. Upon termination or expiration of the lease, the facilities shall be removed from the property and the site restored to the original condition. Exhibit A Resolution No. 4145 Page 4 (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. Before activating its facility, the applicant (Sprint/Nextel) 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. b. 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 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. *** 1.11 Design Review approval shall be reviewed by the Community Development Director on May 11, 2015. The Director may recommend to the Planning Commission modifications to the existing conditions or impose new conditions as part of such review to protect the public health, safety, and community aesthetics and general welfare. (1) 1.12 All conditions in this Exhibit shall be complied with prior to issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. USE RESTRICTIONS (1) 2.1 The facility modification shall be limited to removing and replacing three (3) panel antennas, three (3) new parabolic dish antennas, one (1) new GPS antenna, one (1) new equipment rack, new palm fronds and a new palm trunk. All equipment shall be located entirely within existing self- storage building. (1) 2.2 Prior to final inspection and/or activation, the proposed antennas and completed improvements shall have a finish to match the monopalm modifications as approved herein. The facility shall be subject to final Exhibit A Resolution No. 4145 Page 5 inspection by a representative of the Planning Department. Additional camouflage measures may be required by the Planning Department at final inspection. **"` 2.3 The applicant shall maintain and replace as necessary the existing live palm trees shown on the approved plans. A minimum of two (2) fifty-foot tall date palms shall be provided in a cluster adjacent to the wireless facility, and two (2) fifty-foot tall and one (1) forty-foot tall date palm trees shall be provided in a cluster left of the wireless facility, as shown on the approved plans. ** 2.4 The condition of the live 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 replaced to ensure that the facility will be screened and located in close proximity to trees of comparable heights. *** 2.5 A six (6) foot tall wrought iron fence shall be installed and/or maintained around the wireless facility to prevent unauthorized access to the facility. (1) 2.6 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) 2.7 The equipment shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). (1) 2.8 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) 2.9 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. 4145 Page 6 (1) 2.10 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. *** 2.11 Na outdoor storage shall be permitted except as approved by the Tustin Community Development Director. NOISE (1) 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 AM until 6:00 PM, Monday through Friday and 9:00 AM until 5:00 PM 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 the progress of the work. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Standards. PLAN SUBMITTAL *** 4.1 Prior to installing new palm fronds, the applicant shall submit photographs and sample material of realistically design palm fronds for approval by the Community Development Director. *** 4.2 Prior to submitting plans for plan check, the applicant shall modify the plans to show that the existing square pole will be removed and replaced with a new cylindrical pole. The design of the pole shall be subject to approval by the Community Development Director. (1) 4.3 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 , 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, City Ordinances, and State and Federal laws and regulations. Exhibit A Resolution No. 4145 Page 7 (1) 4.4 Building plan check submittal shall include the following: a. Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. b. Two (2) copies of structural calculations. c. Note on plans that na field changes shall be made without prior approval from the Building Official and architect or engineer of record. (1) 4.5 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 (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. 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 City of Tustin. (1) 4.6 Prior to permit issuance, clearance from the Orange County fire Authority is required. *** 4.7 Prior to permit issuance, the applicant shall submit a construction bond payment to ensure compliance with the Conditions of Approval contained in this Exhibit. The bond amount shall be subject to approval by the Community Development Director. (1) 4.8 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. (1) 4.9 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. Exhibit A Resolution No. 4145 Page 8 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. Payments shall be required based upon those rates in effect at the time of payment and are subject to change: Building and Planning plan check and permit fees Encroachment Permit plan check and permit fees Orange County Fire Authority fees. (1, 5) 5.2 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.