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HomeMy WebLinkAboutPC RES 4145RESOLUTION NO. 4145 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 Celfy 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. 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 t _,_ 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. EL N A. AL" URRAY Chairpers ~~ ~~~ 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. ELIZ4BETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4145 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 2 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. (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 Exhibit A Resolution No. 4145 Page 3 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 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 Exhibit A Resolution No. 4145 Page 4 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. (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 Exhibit A Resolution No. 4145 Page 5 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. j` (1) 4.3 At the time of building permit application, the plans shall comply with the 2007 California Building Cade (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) 4.4 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 no 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 Exhibit A Resolution No. 4145 Page 6 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) 4.6 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. 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.