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HomeMy WebLinkAboutZA Action 10-010ZONING ADMINISTRATOR ACTION 10-010 DESIGN REVIEW 09-033 11385 PIONEER ROAD CEDAR GROVE PARK The Zoning Administrator of the City 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. J. 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: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Towers and antennae. 5. Landscaping and parking area design and traffic circulation. 6. Location and appearance of equipment located outside of an enclosed structure. 7. Physical relationship of proposed structure to existing structures 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 9. Development guidelines and criteria as adopted by the City Council. M. That this project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 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 20t" day of October, 2010. Eloise H ri RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) C' ~' - ~~ Elizabeth A. Binsack ZONING ADMINISTRATOR 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 20t" 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) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** 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 The Community Development Department may review Design Review 09- 033 annually or more often to ensure that the project is in compliance with the conditions of approval contained herein. The Community Development Director may initiate proceedings to amend or revoke Design Review 09-033 if the project does not comply with the conditions of approval. (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. (1) 1.12 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. The applicant shall provide to the Community Development Department a pre and post-installation test showing compliance with the guidelines established by the FCC. Exhibit A ZA Action 10-010 Page 3 USE RESTRICTIONS (1j 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 for maintenance of the accessory equipment, and the phone number with the Public Works Department. (1) 2.11 Aboveground 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 loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (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 10-010 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 Chemical 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 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.