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HomeMy WebLinkAboutPC RES 34584 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3458 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-007 AND DESIGN REVIEW 96-016, AUTHORIZING THE ESTABLISHMENT OF A MAJOR WIRELESS COMMUNICATION FACILITY AT 1452 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: A, That a proper application for Conditional Use Permit 96-007 and Design Review 96-016 was filed by the Planning Center, on behalf of Pacific Bell Mobile Services, to establish a major wireless facility for Pacific Bell Mobile Services' Personal Communication Services (PCS) Network, consisting of six (6) panel antennas (each approximately 53 inches long, six inches wide and three inches thick) and a Base Transceiver Station on the roof of a 53-foot tall building located at 1452 Edinger Avenue. Each antenna, mounted on a separate pole support, is proposed to rise approximately nine (9) feet, six (6) inches above the highest portion of the rooftop. B o That, pursuant to Section 3, Subsection 5.0, of Ordinance No. 1167, the proposed use is allowed within the Office Center Planning Area of the Pacific Center East Specific Plan with. the approval of a Conditional Use Permit. That a public hearing was duly called, noticed and held on said application on July 22, 1996 by the Planning Commission. D. - That said hearing was closed on July 22, 1996, and the item was continued to August 12, 1996 for final action. E o That establishment, 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: '2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3458 Page 2 o The proposed use is in compliance with the City's adopted Locational Guidelines for Major Wireless Communication Facilities (Ord. 1167, §3, §§7.0) in that it is not located within three hundred (300) feet of any City of Tustin residential zone or land use district or any legally-established residential use. o The location and configuration of the proposed use is consistent with the City's adopted site selection criteria (Ord. 1167, §3, §§4.0) for wireless communication facilities, which identifies placement "[o]n existing structures such as buildings" as the preferred site selection for such facilities. ° The negative visual impact of the proposed wireless communication facility will be minimized in that its visibility from adjacent rights-of-way will be obscured by a heavily tree-lined parkway on the westerly side of Red Hill Avenue and by existing buildings surrounding the project site. In addition, the proposed facility's antennas and supporting structures will have subdued, non- _ reflective colors to minimize their visibility to the greatest extent practicable. F o Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of Design Review 9'6-016 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. 3. Location, height and standards of exterior illumination. 4. Physical relationship of proposed 4 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3458 Page 3 · Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. · Development Guidelines and criteria as adopted by the City Council. G . This project has been determined to be categorically exempt (Class 3) pursuant to Section 15303 of the California Environmental Quality Act. 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. 96-007 and Design Review 96-016 to authorize establishment of a major wireless communication facility at 1452 Edinger Avenue, 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 August, 1996. Recording Secretary "MARJORIE vKASALE~ ' Chai~erson 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3458 Page 4 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3458 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of August, 1996. Recording Secretary EX/{IBIT A CONDITIONAL USE PERMIT 96-007 AND DESIGN REVIEW 96-016 CONDITIONS OF APPROVAL RESOLUTION NO. 3458 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 12, 1996, 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 plan check if such modifications are to be consistent with the provisions of the Tustin City Code. *** 1.2 Upon completion of construction, the facility shall substantially resemble the photo simulations submitted into the public record at the July 22, 1996 public hearing, which are date stamped August 12, 1996. Prior to the final release of building permits and/or establishment of use, the Community Development Department shall verify the proper installation of the antennas and appurtenant structures by conducting a visual inspection of the completed facility from the same vantage points depicted on said photo simulations. (1) 1.3 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) 1.4 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 and 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. SOURCE CODES (1) STANDARD CONDITION *** EXCEPTIONS (2) CEQA MITIGATION (5) RESPONSIBLE AGENCY REQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY Exhibit A Resolution No. 3458 Page 2 (1) 1.5 Approval of Conditional Use Permit 96-007 and Design Review 96-016 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) 1.6 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities arising out of City's approval of the entitlement process for this project. (1) 1.7 This Conditional Use Permit and Design Review approval 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) 1.8 Except as otherwise stated in Condition 1.3, Conditional Use Permit and Design Review 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 facilities shall be removed from the subject p~operty. 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 report, 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. (4) 2.2 The color of the antenna structure, as described in Condition 3.2, shall be stated on the final elevation drawings. Exhibit A Resolution No. 3458 Page 3 USE RESTRICTIONS (1) 3.1 The number of antennas associated with the subject facility shall be limited to the number shown on the approved plans. The location and configuration of these antennas shall be restricted to the location and configuration shown on the approved plans. (4) 3.2 Ail visible exterior elements of the subject facility, including the antennas, pole supports and BTS unit, shall have subdued colors and non-reflective materials which blend with the surrounding materials and colors. Specifically, the portions of elements attached to and flush with the exterior of the subject building's equipment screen shall be painted and maintained to match the color of the equipment screen; elements projecting above the equipment screen shall be color treated in a monochromatic, non-reflective grey color. Finish colors shall be noted on the final construction plans and reviewed, approved and inspected by the Community Development Department. 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. a. Building plan check and permit, fees to the Community Development Department based on the most current schedule. Exhibit A Resolution No. 3458 Page 4 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 $38.00 (thirty-eight dollars) to enable the City 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 California Environmental Quality Act could be significantly lengthened.