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HomeMy WebLinkAboutPC RES 3549!0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 97-009 AUTHORIZING THE MODIFICATION OF A MAJOR WIRELESS COMMUNICATION FACILITY AT 1191 WARNER AVENUE The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 97-009 was filed by L.A. Cellular to modify an existing major wireless facility located on the roof of the building at 1191 Warner Avenue. A total of three (3) antennas will be added to three existing antenna sectors with nine existing antennas, for a total of twelve (12) antennas. The antennas will be raised to a maximum height of eight (8) feet above the existing roof and screened from view by two eight (8) foot six (6) inch tall enclosures. m o That the proposed facility is consistent with the requirements of Ordinance No. 1167 (Interim Regulations for Wireless Communications Facilities). Co That a public hearing was duly called, noticed and held on said application on October 27, 1997 by the Planning Commission. Do 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: .' 6 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3549 Page 2 1) The proposed facility, as conditioned, will not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility will be located on the roof of an existing building consistent with site selection criteria in Section 4.0(b) (1) (a) of Ordinance No. 1167, which identifies placement on existing structures such as buildings as the preferred location for such facilities. Consistent with the locational guidelines in Section 7.0 of Ordinance No. 1167, the facility will be located in the Planned Community Industrial District and 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. 2) The proposed facility, as conditioned, is compatible with uses in the surrounding area in that the rooftop location and screening will minimize the visual intrusion on the surrounding community. Consistent with Section 4.0(a) (2) of Ordinance No. 1167, the facility will be screened from view and the enclosures will be compatible with the existing architecture, color, texture, and materials of the existing building. 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 orderly 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. 2. Setbacks and site planning. . Location, height and standards of exterior illumination. o Physical relationship of proposed improvements to existing structures in the neighborhood. !0 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3549 Page 3 o Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. o Development Guidelines and criteria as adopted by the City Council. F . This project has been determined to be categorically exempt (Class 3) pursuant to Section 15303 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. 97-009 to authorize modifications to an existing major wireless communication facility at 1191 Warner Avenue, subject to the Conditions contained in Exhibit A, attached hereto. PkSSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of October, 1997. HOWARD A.~ZMk~N Chairman H A. B~INSACK - Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3549 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3549 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 1997. Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 97-009 CONDITIONS OF APPROVAL RESOLUTION NO. 3549 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 27, 1997, on file with the Community. Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during Dian check if such modifications are to be consistent with the provisions of the Tustin City Code. (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 within eighteen (18)'months of the date of this Exhibit an~ substantial construction is underway. Time extensions may be granted 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 97-009 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin harmless from all claims and liabilities arising out of a challenge of the City's approval for this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW * * * EXCEPTIONS (5) RESPONSIBLE AGENCY (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Conditions of Approval Resolution No. 3549 Page 2 1) 1.6 This Conditional Use Permit shall be reviewed by the Planning Commission' at the end of five (5) years from the date of said approval. The Planning Commission may recommend to the City Council additional conditions or modifications to the existing conditions or facilities as part of such review to protect'the public health, safety and general welfare. (1) 1.7 Except as otherwise stated in Conditions 1.3 and !.~, Conditional Use Permit approval shall remain valid for a period not to exceed the term of the lease on the subject property, if applicable, including' any extension thereof. A copy of said lease 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 facilinies shall be removed from the subject property. PLAN SUBMITTAL (1) 2.1 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, electrical and mechanical plans with the necessary structural calculations, soils reports, specifications and details complying with the Uniform Building Code, other related Codes, City Ordinances and state and federal Laws and regulations. The soils repcrt, structural calculations and specifications shall be prepared by a California registered civil or structural engineer. The engineer's license number and license expiration date shall be indicated on the report. USE RESTRICTIONS (1) 3.1 The number of antennas associated with the subject facility shall be limited to twelve (12) as sho%m, on. the plans. The location and configuration of these antennas shall be restricted to the location and confi~aration shown on the approved plans. Exhibit A Conditional Use Permit 97-009 Conditions of Approval Resolution No. 3549 Page 3 (1) 3.2 The antenna enclosures shall be constructed to be identical in size and shall be placed at the southeast and southwest corners of the building, to be flush against the building walls, subject to final approval of the Community Development Department. (1) 3.3 The applicant shall provide a report to the Director of Community Development within ninety (90) days of project approval demonstrating conformance with national standards for safe human exposure to electromagnetic fields and radio frequency radiation. NOISE (1) 4.1 Ail construction operations, including engine warm up, deliveries of materials and equipment, 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. to 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. No Sunday or holiday construction shall be permitted. FEES (1) 5.1 Prior to issuance of any building'permits, payment (5) shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A Conditional Use Permit 97-009 Conditions of Approval Resolution No. 3549 Page 4 no Building plan check and permit fees to the Community Development Department based on the most current schedule. 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 City to file. the appropriate environmental documentation for the project. If within such ~ · ~orny-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 California Environmental Quality Act could be significantly lengthened.