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HomeMy WebLinkAboutCUP 09-033TUST(N Inter-Com DATE: OCTOBER 20, 2010 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 09-033 PROPERTY OWNER: CITY OF TUSTIN APPLICANT: T-MOBILE WEST CORPORATION 3 MACARTHUR PLACE, SUITE '1100 SANTA ANA, CA 92707 LOCATION: CEDAR GROVE PARK 11385 PIONEER ROAD GENERAL PLAN: PLANNED COMMUNITY RESIDENTIAL ZONING: PLANNED COMMUNITY RESIDENTIAL (PCR) EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: A REQUEST TO INSTALL AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A SIXTY-FIVE (65) FOOT TALL MONO-CEDAR FAUX TREE AND ASSOCIATED EQUIPMENT AND CO-LOCATION OF A FUTURE FACILITY LOCATED WITHIN CEDAR GROVE PARK. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) 10-010 approving Design Review 09-033 to install and operate a wireless telecammunicatians facility consisting of a sixty-five (65) foot tall mono-cedar faux tree with nine (9) panel antennas, one (1) parabolic antenna and associated equipment along with the future co- loration of a facility located within Cedar Grove Park located at 11385 Pioneer Road. BACKGROUND Section 7262 of the Tustin City Code requires Design Review for new aboveground utility facilities and their accessory equipment located on public property and in the public right-of-way. The proposed stealth wireless facility is proposed as a faux cedar monopole that would be located in the northerly portion of Cedar Grove Park (City owned) behind an existing grove of cedar trees. Although the Tustin City Code authorizes the Community Development Director to consider the project, it has been forwarded to the City Zoning Administrator in order to allow for a public meeting to accept comments from the general public regarding the proposed project. Project Location r 'K~ F, -~~ • ~.~. s •- .y ~~ rte'' ~~ .:i ;'7 ~_ ~'. ~ ~ q - ' Y r, ~ ' .. _ ~:, ""Ir. ~ _ r~ ar i 1 i'~"~~ i,Rry ~ ~~ r * ~~ ~ ~: ..~.~ y~{ ' , ~I y ~ ,. ~. ~'ti= «S w, ' ~;.,.SI ww' . ~ :-a ~. i~: Zoning Administrator Report DR 09-033 Page 2 Zoning Administrator Report DR 09-033 Page 3 Surrounding Properties The proposed wireless facility would be located within Cedar Grave Park which is located in the Tustin Ranch area along Pioneer Road just south of Peters Canyon Road. Low density residential uses are located to the south, east, and west of Cedar Grove Park. Residences to the south and east of the project site are located across Pioneer Road within a private gated community. There is an Orange County Fire Authority station at the intersection of Pioneer Road and Pioneer Way across the street from the south westerly corner of the park. Tustin Ranch Estates residential properties are located to the west of the park and are buffered by a large open space and hillside. To the north of the project site is Peter's Canyon Elementary School. Public Noticing A public meeting notice identifying the time, date, and location of the public meeting for the proposal was published in the Tustin News on October 7, 2010. Property owners within 300 feet of the site were notified of the meeting by mail, a meeting sign was posted on the site, and a public meeting notice was posted at City Hall on October 7, 2010. The applicant was informed of the availability of the agenda and staff report for this item. DISCUSSION As proposed, the wireless telecommunications facility would consist of a sixty-five (65) foot tall faux cedar tree and its associated equipment and a future co-location facility. The faux cedar tree would be constructed of a steel monopole and camouflaged with synthetic bark material, branches, and needles to resemble the existing cedar trees in the area. The manufacturer notes that the faux cedar tree will consist of 150 branches. The branches will begin at a height of ten (10) feet above grade level and extend to the top of the faux Zoning Administrator Report QR 09-033 Page 4 tree ranging in length from four (4) feet to twelve (12) feet long. The monopole diameter will be wider at the base and gradually decrease towards the top of the pole in order to mimic a real tree. The applicant is proposing to install nine (9) panel antennas, one (1) parabolic antenna, and associated ground-mounted equipment which would be contained within a block wall enclosure. The panel antennas would be mounted near the top of the faux cedar tree located at a height of sixty (60) feet. The proposed block wall enclosure would be located adjacent to the faux cedar tree. The block wall would be finished in a stucco exterior with a graffiti resistant finish painted to match other buildings already existing in the park. Landscaping consisting of shrubs and vines will be planted around the perimeter of the block wall enclosure. ~I ~~' ~ y~ ;~ _~:,~ ~ ~ ~~)~ i ~~M.a_ p....~ ~;~1 Existing cedar trees would serve to screen the proposed facility from the public right-of- way and adjacent properties. No trees on-site will be removed as a result of the proposed project. Pursuant to proposed Condition 2.2 of Zoning Administrator Action No. 10-010, the applicant shall be responsible for replacing any trees that may become diseased and/or die as a result of the installation and operation of the proposed wireless facility. No trails yr recreation areas of the park would be impacted due to the proposed location of the facility. Co-location Facility Co-location is the first preference in determining site selection for wireless communication facilities within the City of Tustin pursuant to Section 9276f(2) of the TCC. The proposed plans for the facility have proactively identified antenna and equipment locations for future co-location. Future carriers would place antennas below those being proposed on the Zoning Administrator Report DR 09-033 Page 5 faux cedar tree and a block wall enclosure would be placed directly adjacent to the proposed block wall enclosure to cluster utilities. However, prior to installation of future co- location facilities, appropriate permits and a separate license agreement would need to be reviewed and approved by the City. Condition 2.7 of Zoning Administrator Action No. 10- 010 requires the applicant to evaluate all requests for co-location and determine the compatibility with the existing facility. Redevelopment Agency, Parks and Recreation Deparfinenf, and City Consultants The project has been reviewed and approved by the City's Redevelopment Agency, Parks and Recreation Department, and the City's wireless communications consultant, ATS Communications. ATS has been authorized by the City Council to negotiate exclusively for wireless facilities within City-owned properties and the public right-of-way. Through the use of ATS Communications, optimal locations are identified for wireless facilities on City- owned property and property within the public right-of-way. ATS works with wireless carriers to improve cellular service and efficiency within the City while balancing site selection and aesthetics of proposed wireless facilities. License Agreement Tustin City Code Section 7261 requires the applicant/operator to enter into a license agreement with the City prior to installing or operating the aboveground utility facility on City property. The license agreement is subject to the approval of the City Council, City Attorney's office, and the City Manager's office as to the specific terms and conditions required. FINDINGS In determining whether to approve the Design Review for the proposed wireless telecommunications facility located at 11385 Pioneer Road within Cedar Grove Park, the Zoning Administrator must find that the location, size, architectural features, and general appearance of the proposed aboveground utility facility will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. A decision to approve this request as conditioned may be supported by the following findings: 1) The City's wireless telecommunications consultant, ATS Communications, has identified the project site as an optimal location for a wireless facility. Furthermore, ATS Communications has reviewed and approved the proposed project. 2) The proposed wireless facility complies with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right-of-Way and with City Council Resolution No. 01-95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right-of-way. Zoning Administrator Report DR 09-033 Page 6 3) The location, size and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the faux cedar tree would be of a stealth design to blend in with the existing perimeter trees and all associated equipment would be screened within a stucco block wall enclosure. The project site is also located within an area of Cedar Grove Park that has tow visibility from the public right-of-way due to extensive tree screening of the proposed facility. 4) The proposed project has identified the potential for co-location of additional carriers on the wireless facility. 5) The proposed facility will provide wireless coverage to an area that is currently deficient of wireless reception. 6) A license agreement with the City is required prior to installation or operation of the proposed facility in accordance with Section 7261 of the Tustin City Code. Staff recommends that that the Zoning Administrator adopt Zoning Administrator Action No. 10-010 approving Design Review 09-033 to install and operate a wireless telecommunications facility consisting of a sixty-five (65) foot tall mono-cedar faux tree with nine (9) panel antennas, one (1) parabolic antenna and its associated equipment along with a future co-location facility located within Cedar Grove Park located at 11385 Pioneer Road, Ryan wiontek Associate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 10-010 ATTACHMENT A LOCATION MAP _~~C.aTION VIAP WM ~~:.._./'. ~: yr~ II 'C,~~r.~~l~ -~J'°~C.`~~ )`~,v+,a 1 "~;I-~ ,.~ '1 - ~~' 'I~'"~~-"~-~ ~`~`~'~'~~~~',~it~~~' TUSTIN CITY MAP ~,~,~, a~ `? h, ", a '~ 1~~ ~=~1 ii+~~~ .~--~-- ~~ I-.~~ `~; ~; ~,~ ~ ,5 Project No. DR 09-033 Address: Cedar Grove Park 11385 Pioneer Road Tustin, CA 92782 ~y ~b~ PIONEER YIDDLL SCHOOL 300' ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DESIGN REVIEW 09-033 2. LOCATION: CEDAR GROVE PARK 3. ADDRESS: 11385 PIONEER ROAD 4 APN(S): 502-451-31 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPER I Y: NONE 6. SURROUNDING LAND USES: NORTH: ELEMENTARY SCHOOL SOUTH: RESIDENTIAL/FIRE STATION EAST: RESIDENTIAL WEST: ESTATE RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PLANNED COMMUNITY RESIDENTIAL (PCR) SOUTH: PCR EAST: PCR WEST: PCR 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PLANNED COMMUNITY RESIDENTIAL (PCR) SOUTH: PCR EAST: PCR WEST: PCR 9. SITE LAND USE: A. EXISTING: PARK B. PROPOSED: PARK C. GENERAL PLAN: PCR D. ZONING: PCR PROPOSED GP: SAME PROPOSED ZONING: SAME 10. LOT AREA: 9.7 ACRES DEVELOPMENT GUIDELINES: 11. LOCATION: SITED IN A LIMITED USE AREA OF CEDAR GROVE PARK 12. STEALTH FACILITY: DESIGNED AS A FAUX CEDAR TREE TO BLEND WITH EXISTING TREES 13. CO-LOCATION: FUTURE CARRIERS AT THE FACILITY HAVE BEEN IDENTIFIED 14. COLORS: BROWNS AND GREENS OF FAUX TREE TO MIIMIC EXISTING TREES 15. SCREENING: FACILITY SCREENED BY EXISTING CEDAR TREE GROVE 1G. LANDSCAPING: SHRUBS AND VINES TO BE PROVIDED AROUND ENCLOSURE 17. ACCESSORY EQUIPMENT: TO BE LOCATED WITHIN A BLOCK WALL ENCLOSURE Forms: LandU seApplicationFactSheet ATTACHMENT C SUBMITTED PLANS LA33842D Cedar Grove Park 12385 Pioneer Road Tustin, CA 92782 VIEW 1 APPLICANT T Mobile West Corporation 2008 McCaw Avenue I ~ ~ ~ Irvine, CA 92614 SEP 16 2010 COMMUNITY DEVELOPMENT BY CONTACT Sequoia Deployment Services Monica Morena One Ventura Suite 200 Irvine, GA 92618 p 949.241.0175 DESIGN BLUE WATER DESIGN bluewater-design.net michelle@bluewater-tlesign.net p 714.x73.2942 f 949.Z71.Z560 Photo simulation accurary is based on information provided to 81ue Water Design by the applicant. .. T ..~nl~i 1 PROPOSED • (:ompletetl: September 7u, zu~u LA33842D Cedar Grove Park 12385 I~ioneer Road Tustin, CA 92782 APPLICANT T Mobile West Corporation 2008 McCaw Avenue Irvine, CA 92614 CONTACT Sequoia Deployment Services Monica Moretta One Venture Suite 200 Irvine, CA 92618 p 949.241.0175 DESIGN BLUE WATER DESIGN bluewater-design.net michelle@bluewater-design.net p 714.473.2942 f 944271.2560 VIEW 2 Photo simulation accuracy is based on inFOrmation provided to 81ue Water Design by the applicant ..:l:..N[nl~IlP~ LA3384ZD Cedar Grove Park 12385 Pioneer Road Tustin, CA 92781 ~~ ~.. _, ,. ~~- ._.__~_ .-- . ... __ _ .___ CONTACT Sequoia Deployment Ser+dces Monica Moretta One Venture Suite 200 Irvine, CA 92618 p 949.241.0175 10, 2010 BLUE WATER DESIGN VIEW 3 AhPLICANT T Mobile West Corporation 2008 McCaw Avenue Irvine, CA 92614 DESIGN bluewater-design.net michelle@bluewater-design.net p 714.4731942 f 949.271.2560 Phoro slmulatlon aaurary is based on informa~on provided ro Blue Water Design by the applicant 1~ } 1 1 ; ~ _ ~ ~ _ O a F lJ Gn `z ~~ ~. ~/ a~ W`2, W °J - W N ', ~ 0~9.> O .~ f ion N ~ ' _y '^ i ~x> EYE .Z ~'~ °' Q v :47a ~3. = w ~ ~ .. ~ Q Mai d W 1~ u ~ Z: - u ~~~ ~ ~ ~ ~ s Q a' ~~~ o ~ ~ r ~n ~ - i c ~ Lil ~ J ~ ~ ~ ~. ,~ I'° I" I ~ ^ ^ z~ - ~ x ~, z . ~1 I ~_ ¢ ~~ ~ ~-- ~ ~ ».... o i , °h.' ,.P ~ e J W ~ ~ ~1 'w e 4,w, 4 r y ~~ ~ w f ~ ~ Z ~ ~ W .~r P ~ ~ ~ ~ i ~ ~ ~~Q'i, aka .: _ ~~ f V~ I~ 4 U ~~Yd:~ ~.1.~ f Z y ~ i r O V ~ > ~. ~ ~ ~ ~ ~ ~'~ ~ i z ~ - 3 - _ -- - - ,« i ~ j' i ' - z Z i = V ~` . ~ ' a ~ ° `~ , may W, ~ FK,~ ?1 ~~ '~ .,Y V V ~ 4~~': i,~ ~~xi H 3~,~ s'1' 'gya £~ ~~ ~ VST ~ - J s q ,Q W y i5F ~ ~ ~ ~~1 ` ~5 ~ a 7~izW Y nag _- r ~~ x~¢_a~ ~~; "%Q~~ 5 ~ ~= Rte' a.°~~~~ ~ au' W~~~ Q W ~ I` '3 ~~ ~ d K .O g M O ~ _ ~ ~ .L <rm M ~ Z , M a J . ,. ~ ^ ~ _ _ a - ~ y W U ~ g a ~ F LI f ~ ~. 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I ^ ~ _ ~ ~I ,u _;~~ - - - L _ - `- I __L {JO ~ I jam, y~ ~, , ~~ uU000 U0 p ~ r _? ~O i J _ O t, ~ T T f _ _ -_ ~yL~ ,- . fit.- 1ls ~ ` O I I .,~ ~ a _ ,, p I I~ , ~ ,~~ ~ n ~ - c~ F, I ~ i5 _ ~~ ~j, ~ ~ _ - - ~ _ _ r - ~ ~ 1U - _ r _ d !' - ~ a is ' ` r - .~ - ~` ~ - t ,~" > J'> J ~~ drJ~ J ~ ~. _ _ S ~ - ~1- I ! `r E F z 3 ~ u 4~ ~ I1~ ..I. + - I~ I' w [. t ~, ~ ~ j .. t t C d s C I ~ - ~ l} ~ ` ~ ° 5 1 h ti0 i~'~ r 3 y a 9 _ . 2 _ r -~: u - - ~ - _ ~.1 f1~1 Z O -F.r _ < - _ - - - _.I. I ..v t.~,1 ~~ ~ .lu..un .I .~i.~ n ,v ~n i u I .I I Ilrv..nl ., ..~ I I II i~ ~ .I , ~ ~~L O~ o z~ I I u > ~ ~ °~'~ ,.~ ~ _ _ _ _ - O 1E`~ - ~Y ~ ~r Ii, _ c~~~w _ J ~ ~ zZ ~Q z N ~ r • ~ w ~ ~ ~ ~ LLI ~ 4 Z '--- _ r~ ' , _ ;. K~ ~ ~ i ~ g a ~~ V I~ /^~ // V n ~. .~ Y ..w , - _ _ .1 _- ' ~i. (~ ~ (' '~ i~ 's - ~ r !~ ll y]I t _ _ - _ _ ~ ~ _ _ . ` r ... ' i,~I i i I r ~ . J J - -~ ~~' J ~ ~ ~ E ~--~ ~~ 1 ~ ~J - ~, _ ,_~ ~ til ~. ~ ~_ ~ - _LL G _ ~-r M W a -... _.., f.f.._..........._ .... ...........~ , I a ~ t ~ Y`., •~ ~ ~ -_ rl a C T ~ T I ~ r , ~ ~' ~ r Si '+~ , ~ ~ a i s 5. h s _ l ~ ~ - _ L. y _ - F __ ; ~ j _ Z _ ., _ _ _ _ _ I -- - a . ~,.~ ., ~,~,,,...,.~~, ,,,., n ,,,,~ ~., , ,.,~,,....~~~ ~~.,. ,.,, .,. ~„ , ATTACHMENT D ZONING ADMINISTRATOR ACTION NO. 10-010 ZONING ADMINISTRATOR ACTION 10-010 DESIGN REVIEW 09-033 11385 PIONEER ROAD CEDAR GROVE PARK The Zoning Administrator of the Gity of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Design Review 09-033 was filed by T-Mobile West Corporation requesting to install and operate a wireless telecommunications facility consisting of a sixty-five (65) foot tall mono- cedar faux tree with nine (9) panel antennas, one (1) parabolic antenna and its associated equipment along with a future co-location facility located within Cedar Grove Park located at 11385 Pioneer Road. B. That the site is zoned as Planned Community Residential and located within the East Tustin Specific Plan; and designated as Planned Community Residential by the General Plan. C. That the Community Development Director has forwarded the Design Review application to the City Zoning Administrator in order to allow for a public meeting to accept comments from the general public regarding the proposed project. D. That Tustin City Code Section 7262 requires Design Review for new aboveground utility facilities and their accessory equipment located on public property and in the public right-of-way. City Council Resolution No. 01-95 provides guidelines for aboveground utility facilities on public property and within the public right-of-way and the project has been reviewed for consistency with the guidelines. E. That a public meeting was duly called, noticed, and held for Design Review 09-033 on October 20, 2010, by the Zoning Administrator. F. That the City's wireless telecommunications consultant, ATS communications, has identified the project site as an optimal location for a wireless facility. Furthermore, ATS Communications has reviewed and approved the proposed project. G. That the proposed wireless facility complies with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right-of-Way and with City Council Resolution No. 01-95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right-of-way. Zoning Administrator Action 10-010 DR 09-033 Page 2 H. That the location, size and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the faux cedar tree would be of a stealth design to blend in with the existing perimeter trees and all associated equipment would be screened within a stucco block wall enclosure. The project site is also located within an area of Cedar Grove Park that has low visibility from the public right-of-way due to extensive tree screening of the proposed facility. That the proposed project has identified the potential for co-location of additional carriers on the wireless facility. That the proposed facility will provide wireless coverage to an area that is currently deficient of wireless reception. K. That a license agreement with the City is required prior to installation or operation of the proposed facility in accordance with Section 7261 of the Tustin City Code. L. That the location, size, aesthetic features, and general appearance of the proposed wireless facility will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. In making such findings, the Zoning Administrator has considered at least the following items: Height, bulk, and area of proposed structure. Setbacks and site planning. Exterior material and colors. Towers and antennae. Landscaping and parking area design and traffic circulation. Location and appearance of equipment located outside of an enclosed structure. Physical relationship of proposed structure to existing structures Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Development guidelines and criteria as adopted by the City Council. M. That this project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Cade of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Design Review 09-033 to install and operate a wireless telecommunications facility consisting of a sixty-five (65) foot tall mono-cedar faux tree with nine (9) panel antennas, one (1) parabolic antenna Zoning Administrator Action 10-010 DR 09-033 Page 3 and its associated equipment along with a future co-location facility located within Cedar Grove Park located at 11385 Pioneer Road subject to the conditions contained within Exhibit A attached hereto- PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of October, 2010. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 10-010 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of October, 2010. Eloise Harris RECORDING SECRETARY EXHIBIT A ZONING ADMINISTRATOR ACTION 10-010 DESIGN REVIEW 09-033 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 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 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 Design Review approval shall remain valid for the term of the Lease Agreement or License and/or Right-of-Way Agreement including any extension thereof or as long as the Encroachment Permit is valid. Upon termination or expiration of the Lease Agreement or License, Encroachment Permit, Right-of-Way Agreement or upon the failure of Grantee to build the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. 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 Design Review 09-033 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. 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 Section 1162(a) of the Tustin City Code. SOURCE CODES (1) STANDARD CONDITION (5} (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODE/S (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTIONS Exhibit A ZA Action 10-010 Page 2 (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 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 Design Review 09-033 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 this exhibit, 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 Design Review. (1) 1.8 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) 1.9 The frequencies used by the wireless facility shall not interfere with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). 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) 1.10 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 a-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. (1) 1.11 The applicant shall ensure that a lessee or other users shall comply with the terms and conditions of Design review 09-033 and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply. Exhibit A ZA Action 10-010 Page 3 USE RESTRICTIONS (1) 2.1 The facility shall be limited to nine (9) panel antennas, one (1) parabolic antenna and associated equipment. All antennas shall be located as depicted in the approved plans and associated ground mounted equipment shall be located within the proposed block wall equipment enclosure. (1) 2.2 No trees shall be relocated or removed to accommodate the project. The applicant shall make a note to this effect on the plans. In addition, the applicant shall be responsible for replacing any trees that may become diseased and/or die as a result of the installation and operation of the proposed wireless facility (1) 2.3 The applicant shall be responsible for obtaining any required approvals or clearances from the applicable easement holders for work in any easement areas. (1) 2.4 The structure and all related facilities shall be regularly maintained and inspected for safety and aesthetics by the applicant in accordance with the approved plans. (1) 2.5 The equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). (1) 2.6 Utilities associated with the proposed facility which are not contained within the proposed block wall enclosure, such as but not limited to telecommunication and power supplies, shall be located underground. (1) 2.7 At building plan check, the applicant shall submit a plan identifying hardscape, landscape, and other improvements that will be removed under the proposed plan. (1) 2.8 Prior to issuance of building permits, the applicant shall obtain a license agreement with the City. The project plans shall make reference to the license agreement. (1) 2.9 The applicant shall evaluate all requests for co-location on the facility by additional carrier(s) and make agood-faith determination of each such requesting carrier's compatibility with the applicant at this location. If, in the good-faith determination of the applicant, the co-location is technically compatible, then the applicant shall accommodate such additional carrier if applicable business terms can be successfully negotiated. All requests for co-location shall be reviewed and approved by the City and require a separate license agreement. Exhibit A ZA Action 10-010 Page 4 (1) 2.10 The applicant shall file the accessory equipment identification number, company name, person responsible ror mainrenance of the accessory equipment, and the phone number with the Public Works Department. (1) 2.11 Abovegraund accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the applicant shall be responsible for removing graffiti from accessory equipment within forty-eight (48) hours. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. (1) 2.12 Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. (1) 2.13 The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. (1) 2.14 Prior to building permit issuance, the applicant shall post a bond with the City to ensure that facility is built to the specifications and design as represented in the approved Design Review and building plans. Final design and materials are subject to review and approval by the City. NOISE (1) 3.1 All construction operations including engine warm up, delivery, and loadinglunloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Ordinance. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. Exhibit A ZA Action 10-0'10 Page 5 PUBLIC WORKS DEPARTMENT (1) 5.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a 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 $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. C. Prior to issuance of a 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) 5.2 Prior to any work in the public right-of-way (within Cedar Grove Park and within any public streets), an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.3 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 5.4 Any damage done to existing landscape, irrigation, pedestrian walkways, parking, and/or utilities shall be repaired to the satisfaction of the Director of Parks and Recreation and the City Engineer. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 6.1 Special Equipment and Systems: Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a plan for review and approval of the lead acid battery system. The plans shall be in accordance with Chapter 6, Section 608 of the 2007 California Fire Code." The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemicai Classification Packets." Exhibit A ZA Action 10-010 Page 6 FEES (1) 7.1 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. a. All applicable Building and Planning plan check and permit fees and Orange County Fire Authority fees shall be paid to the Community Development Department. b. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the Gity 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.