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HomeMy WebLinkAboutPC RES 4163RESOLUTION NO. 4163 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 09- 033 AUTHORIZING THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMMUNICATIONS FACILITY CONSISTING OF TWO (2) FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET AND A THIRD FLAGPOLE WITH A HEIGHT OF FORTY-THREE (43) FEET LOCATED WITHIN A LANDSCAPED CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOCATED AT 11385 PIONEER ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission 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 two (2) flagpoles with a height of forty (40) feet and a third flagpole with a height of forty-three (43) feet and underground equipment located within the landscaped circle in the parking lot of Cedar Grove Park located at 11385 Pioneer Road. B. That the site is zoned as Planned Community Residential, designated as Community Park by the East Tustin Specific Plan Land Use Plan; and designated as Planned Community Residential by the General Plan. C. That the Community Development Director 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 a public meeting was duly called, noticed, and held for Design Review 09-033 on October 20, 2010, by the Zoning Administrator. E. That on October 27, 2010, the Zoning Administrator vacated the decision on the subject project and deferred the matter to the Planning Commission in accordance with Section 9299b of the Tustin City Code. F. That a public meeting was duly called, noticed, and held on said application on December 14, 2010 before the Planning Commission, and continued to the January 25, 2011 Planning Commission meeting. At the January 25, 2011 meeting before the Planning Commission, the applicant requested a continuance to a date uncertain in order to redesign the proposed facility. The Planning Commission granted the continuance to a date uncertain. Resolution No. 4163 DR 09-033 Page 2 G. That a public meeting was duly called, noticed, and held on said application on April 26, 2010 before the Planning Commission. H. That on January 6, 2011, that applicant held a public outreach meeting at the Tustin Public Library. The proposed project is consistent with the City's Wireless Master Plan. J. That the proposed wireless facility complies with Tustin City Code Section 7260 requiring 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. Wireless facilities are considered utilities and typically located within the public property and the public right-of-way K. The location, size and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the flag poles would be of a stealth design and replace existing flagpoles in the same location. All associated equipment would be located within an underground vault with venting screened by landscaping. L. That the proposed facility will provide wireless coverage to an area that is currently deficient of wireless reception. M. The project site is located within a landscaped circle in the parking lot of Cedar Grove Park and away from public recreation area. The proposed flagpole facility in the parking lot will not interfere with the public's use of the park and will not exclude the public from any portion of the park. N. The proposed wireless facility is incidental to the use of the property for park purposes and would not divert Cedar Grove Park from its intended use as a public park. O. 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. P. 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 Planning Commission has considered at least the following items: Resolution No. 4163 DR 09-033 Page 3 1. Height, bulk, and area of proposed structure -The proposed wireless facility designed as a set of flagpoles, each with a diameter of fourteen (14) inches with two (2) flagpoles with a height of forty (40) feet and a third flagpole with a height of forty-three (43) feet, is compatible with the existing pair of twenty-six (26) foot high flagpoles that would be replaced. Accessory equipment would be located adjacent to the flagpoles within an underground vault with vents screened by landscaping so as to not be visible. 2. Setbacks and site planning -The project site is located in a landscaped circle within the parking lot of Cedar Grove Park where the proposed flagpoles would have the same location and setbacks as those existing. 3. Exterior material and colors -Materials of the proposed flagpoles would be metal with a fiberglass portion near the antennas for radio frequency transparency and painted grey to match typical flagpoles. 4. Towers and antennae -Each flagpole would contain two internal antennas for a total of six (6) antennas at the facility. Antennas would be located towards the top of the flagpoles and completely concealed so as not to be visible. ~ ' 5. Landscaping and parking area design and traffic circulation -The ' proposed facility will not require any modifications to the parking lot and thus have no impact on circulation. No trees will be removed as a result of the project. Additional landscaping would be provided to screen the vents of the underground equipment. 6. Location and appearance of equipment located outside of an enclosed structure -All accessory equipment would be located within an underground vault so as not to be visible. Any utilities such as meter pedestals would be screened with landscaping. 7. Physical relationship of proposed structure to existing structures -The proposed flagpoles would replace existing flagpoles at the site to minimize any potential impact. Flag poles are common in public parks and consistent with public park purposes. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares - It is not anticipated that additional structures will be constructed within the park. The flag sizes are in proportion to the new flagpoles. 9. Development guidelines and criteria as adopted by the City Council - The proposed facility complies with the City Council's adopted Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment. Resolution No. 4163 DR 09-033 Page 4 Q. That the proposed wireless facility complies with the City Council Resolution No. 01-95 (Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment) in that: 1. Location -The project site is located in a landscaped circle within the parking lot of Cedar Grove Park. This area within the parking lot is not used for park activities or recreation; therefore, no impact to the public's use of the park is anticipated. The project site is also a considerable distance from adjoining properties. 2. Stealth Facility- The proposed wireless facility is of a stealth design as flagpoles. The facility will in fact replace existing flagpoles with new ones. All accessory equipment will be located underground within a vault enclosure. 3. Co-location -The proposed facility cannot accommodate additional carriers as currently proposed; however, future technological advances may allow for co-location. 4. Colors -The flagpoles would be painted gray to match the color of the existing flagpoles at the project site. 5. Screening -Accessory equipment would be located underground and vents for the vault would be screened by landscaping. 6. Landscape - No trees would be removed as a result of the proposed facility and additional landscaping would be provided to screen the vents for the underground vault. 7. Signage -Only signage related to certifications and warnings will be allowed at the facility in accordance with proposed Condition 2.5. No advertising would be permitted on the facility. 8. Accessory Equipment -All accessory equipment would be located within an underground vault adjacent to the flagpoles. 9. Required Removal -Upon termination of the license agreement, the proposed facility would be required to be removed. At the time of removal, restoration of the area and reinstallation of the original flagpoles would be required. 10. Undergrounding -All of the utilities servicing the project site would be located underground. Utilities are proposed to run from the right-of- way near the intersection of Pioneer Way and Pioneer Road. R. 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). Resolution No. 4163 DR 09-033 Page 5 II. The Planning Commission hereby approves Design Review 09-033 to install and operate a wireless telecommunications facility consisting of two (2) flagpoles with a height of forty (40) feet and a third flagpole with a height of forty-three (43) feet and underground equipment located within the landscaped circle in the parking lot of Cedar Grove Park located at 11385 Pioneer Road, 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 held on the 26t" day of April, 2011. ~~ ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) '~ ~ ~' ~~ t ~~,~~~ P ~s ~~ :u J ~ MPS N Chairperson I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4163 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 26t" day of April, 2011. -~ ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4163 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 April 26, 2011, 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. At the time of removal, restoration of the area and reinstallation of the original flagpoles is required. 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 Resolution No. 4163 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). (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 Resolution No. 4163 Page 3 USE RESTRICTIONS (1) 2.1 The facility shall be limited to three (3) flagpoles with interior antennae and associated equipment. Two (2) of the flagpoles are to be at a maximum height of forty (40) feet with the third flagpole of a maximum height of forty- three (43) feet per the approved plans. All antennas shall be located as depicted in the approved plans and associated equipment shall be located within the underground vault. (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. (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. The applicant shall provide flags for the facility as needed to the City's Parks and Recreation Department. The applicant shall provide two (2) sets of flags at a time so that the City may maintain aback-up set when necessary. Illumination for the flagpoles shall be installed by the applicant and shall include photocells subject to the review and approval of the Parks and Recreation Department and the Community Development Department. (1) 2.5 Any plaques removed as a result of the installation of the facility shall be replaced by the applicant. (1) 2.6 The equipment shall not bear any signs or advertising devices (other than certification, warning, or other required seals or signage). (1) 2.7 Utilities associated with the proposed facility which are not contained within the underground vault, such as but not limited to meter pedestals, shall be located in landscaped areas and screened. Exact locations of said utilities shall be approved by the City of Tustin prior to installation. (1) 2.8 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) 2.9 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) 2.10 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 Exhibit A Resolution No. 4163 Page 4 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. (1) 2.11 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) 2.12 All facility equipment including the flagpoles and any 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) 2.13 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) 2.14 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) 2.15 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. Exhibit A Resolution No. 4163 Page 5 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. 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 Exhibit A Resolution No. 4163 Page 6 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." 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.