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HomeMy WebLinkAboutPC RES 366314 20 2! 24 27 RESOLUTION NO. 3663 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 99-004 AND DESIGN REVIEW 99-003 AUTHORIZING AN INCREASE IN HEIGHT OF AN EXISTING MAJOR WIRELESS FACILITY FROM FIFTI-Y (50) FEET TO AN OVERALL HEIGHT OF SIXTY ONE (61) FEET AT 14451 MYFORD ROAD. 'he Planning Commission does hereby resolve as follows: · The Plann,ng Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-004 and Design Review 99-003 was filed by Pacific Bell Wireless requesting authorization to increase the height of an existing major wireless facility eleven (11) feet to an overall height of sixty one (61) feet at 14451 Myford Road. Bo That the proposed facility is consistent with the requirements of Tustin City Code Section 9276 et seq., relating to wireless communications facilities. C, That a public hearing was duly called, noticed and held on said application on April 12, 1999 meetings by the Planning Commission. D, That modification, maintenance, and operation of a major wireless communication facility, as conditioned, 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, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject properb/, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) That modification, maintenance, and operation of a major wireless communication facility, as conditioned, 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, nor 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, as evidenced by the following findings: a) The proposed facility, as conditioned, will not be detrimental to, or have a negative effect on, surrounding properties in that 'the proposed facility will replace an existing major wireless facility fifty (50) feet in height with a sixty one (61) feet monopole in an Industrial zoning district. The proposed height l0 Resolution No. 3663 Page 2 b) c) d) e) is compatible with the surrounding buildings and mature eucalyptus trees. Consistent with site selection criteria in Tustin City Code Section 9276(F)(2)(a)(3) which identifies placement in commercial and industrial zones as a preferred location for such facilities, the site is located in the industrial zone. Also, consistent with the Iocational guidelines in TCC Section 9276(H), the facility will not be located within 100 feet of any existing, legally established major wireless communication facility nor within 300 feet of residentially zoned or used property. The proposed facility, as conditioned, is compatible with uses in the surrounding area in that the monopole is screened by new office and industrial development minimizing the visual intrusion on the surrounding community. The proposed new height exceeding twenty five feet is permitted in the Irvine Industrial Complex Planned Community Industrial (PC-IND) zone with approval of a Conditional Use Permit by the Planning Commission. The overall height of sixty one (61) feet would not penetrate the "imaginary surface" which is at 100' in height at project location as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC). 20 2! 24 Ee Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed facility will not impair the ordedy and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 25 27 , . o . Setbacks and site planning. Location, height and standards of exterior illumination. Physical relationship of proposed improvements to existing structures in the neighborhood. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. 30 "4 ution No. 3663 e3 o Development Guidelines and criteria as adopted by the City Council. F, This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. G, That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit No. 99- 004 and Design Review 99-003 authorizing to increase the height of an existing major wireless facility eleven (11) feet to an overall height of sixty one (61) feet at 14451 Myford Road, subject to the Conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of April, 1999. ~ONTIOUS Chairperson '~I~LIZAI~E-TH A. ~1 ~S'ACK Pl'anning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3663 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of April, 1999. Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION' NO. 3663 APRIL 12, 1999 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 1.5 (1) 1.6 The proposed project shall substantially conform with the submitted plans for the project date stamped April 12, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. Design Review approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. The applicant shall sign and retum an Agreement to Conditions Imposed form prior to the issuance of any permits. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. Design Review approval shall be reviewed by the Community Development Director on April 12, 2004. The Director may recommend to the City Council modification to the existing' conditions or impose new conditions as part of. such review to protect the public health, safety, community aesthetics and general welfare. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQ. A MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Resolution No. 3663 Conditions of Approval CUP 99-004, DR 99-003 Page 2 PLAN SUBMITTAL (1) 2.1 (1) 2.2 / At building permit plan check, the applicant shall submit thre~e (3) complete sets of architectural, electrical and mechanical plans with !the necessary structural calculations, specifications and details complying with the Uniform Building Code, other related Codes, City Ordinances and State and Federal · I · Laws and regulations. The structural calculations and specifications shall be prepared by a California registered civil or structural e~gineer. The engineer's license number and license expiration date shall I:~e indicated on the report. ' All grading related to construction of the new monopole shall (omply with the City of Tustin Grading Manual. SITE PLAN/ELEVATIONS (4) 3.1 The number of antenna sectors shall be limited to the number shown on the approved plans. The height, location and configuration of the antenna facility shall be restricted to the height, location, and configuration shown on the approved plans. 3.2 The applicant shall prepare a preliminary report within 90 days of completion of the project demonstrating conformance with national standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be submitted to the Community Development Director. NOISE (1) 4.1 All construction operations including engine warm up 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 that 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. FEES 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be Exhibit A- Resolution No. 3663 Conditions of Approval CUP 99-004, DR 99-003 Page 3 required based upon those rates in effect at the time of payment and are subject to change. A, B, Building plan check and permit fees to the Community Development Department based on the most current schedule. Orange County Fire Authority plan-check anld inspection fees to the Community Development Department based upon the most current schedule. C, 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 $38.00 (thirty-eight dollars) to enable the Ci67 to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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 Califomia Environmental Quality Act could be significantly lengthened.