Loading...
HomeMy WebLinkAboutPC RES 3833RESOLUTION NO. 3833 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 0'1-032 AUTHORIZING THE ESTABLISHMENT OF A MINOR ROOF- MOUNTED WIRELESS FACILITY ON AN EXISTING MEDICAL BUILDING AND SCREENED BY ADDITION OF ROOF PARAPETS AT A MAXIMUM HEIGHT OF FIFTY-SEVEN (57) FEET LOCATED AT '14662 NEWPORT AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A proper application, Design Review 01-032, was filed by Cingular Wireless, requesting authorization to establish a minor roof-mounted wireless facility on an existing medical office building and screened by adding six (6) foot tall parapet walls for a maximum height of fifty-seven (57) feet, within the Public and Institutional (P&I) Zoning District and Public and Institutional General Plan land use designation. The proposed use is consistent with the City's Wireless Facilities Ordinance, which allows installation of wireless antennas on non- residential land uses, and the Public and Institutional (P&I) zoning district and land use designation that provides for public and quasi- public uses such as utilities. In addition, 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. C The proposed facility is a minor wireless facility and is subject to approval of Design Review in accordance with Tustin City Code Section 9276. In accordance with Tustin City Code Section 9272(a)(3), the Community Development Department Director is authorized to review Design Review applications. The Director of Community Development deferred the application to the Planning Commission for review. D. The Planning Commission reviewed the application on June 10, 2002. The project is consistent with the policies and requirements of the Wireless Facilities Ordinance [TCC Section 9276(F)(2)(a)] that sets forth an order of preference for wireless communications facilities. The first preference is for cellular antennas to be located on existing buildings or facilities. The antennas would be located behind a parapet wall and would not be visible from the public right-of-way or surrounding pdvate properties. That the location, size, amhitectural features, and general appearance of the proposed project will not impair the ordedy and harmonious development of the area, the present or future development therein, the Resolution No. 3833 Page 2 occupancy thereof, or the community as a whole in that the antennas will be screened by a six (6) foot tall parapet wall that is in scale with the building, designed to complement the building by replicating the stepped design, and painted to match the color and texture of the existing stucco. In making such findings, the Planning Commission has considered the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Towers, chimneys, roof structures, flag poles, radio and television antennas. 6. Landscaping, parking area design, and traffic circulation. 7. Physical relationship of proposed structures to existing structures in the neighborhood. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed height of the facility is lower than the existing glass tower and would be compatible with the surrounding improvements. As conditioned, the applicant is required to comply with FCC guidelines related to radio frequency emissions and submit a certificate of compliance to the City on an annual basis. This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 01-032 authorizing the establishment of a minor roof-mounted wireless facility designed as a six (6) foot tall roof screen on an existing medical office building at a maximum height of fifty-seven (57) feet located at 14662 Newport Avenue, 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 on the 10th day of June, 2002., ~/#,~ DOUGLASS SD'AVERT ~J.Z,~.,/~..,~/,~ ..~L,,,~ Chairperson "E~IZABETi-I A~ BIN'S'ACK' -- Planning Commission Secretary Resolution No. 3833 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3833 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) EXHIBIT A RESOLUTION NO. 3833 DESIGN REVIEW 01-032 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped June 10, 2002, on file with the Community Development Department, 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 subsequent minor modifications to plans during plan check if such modifications are 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 subject project approval shall become null and void unless permits are issued within twelve (12) 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. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. Approval of Design Review 01-032 is contingent upon the applicant and property owner signing and retuming 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. As a condition of approval of Design Review 01-032, 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. (l) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY I:xhibit A Resolution No. 3833 Page 2 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) 1.6 Design Review approval shall be reviewed by the Director of Community Development on June 10, 2007. The Director may recommend to the Planning Commission 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 Condition 1.2, Design Review approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. A copy of said lease agreement 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 property. (***) 1.8 Operation of the wireless facility shall be in compliance with the methods of operation as proposed by the applicant and noted on the plans: The applicant (Cingular Wireless) recognizes that the frequencies used by the cellular facility located at 14662 Newport Avenue are extremely close to the frequencies used by the City of Tustin for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials- International, Inc. (APCO) and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Cingular Wireless shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. At all times, other than during the 24-hour cure period provided in item d. below, the applicant (Cingular Wireless) shall not prevent the City of Tustin from having adequate spectrum capacity on the City's 800 MHz radio frequency. Exhibit A Resolution No. 3833 Page 3 Before activating its facility, the applicant (Cingular Wireless) shall submit to a post-installation test to confirm that the "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin Public and Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the applicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. The applicant (Cingular Wireless) shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities (operated by Cingular Wireless) in the City of Tustin. The applicant (Cingular Wireless) shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number, and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. The applicant (Cingular Wireless) shall ensure that lessee or other users shall comply with the terms and conditions of this permit and shall be responsible for the failure of any lessee or other users under the control of Sprint to comply. (***) 1.9 The applicant shall prepare a preliminary report within ninety (90) days of completion of the project demonstrating conformance with the national standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be submitted to the Community Development Department. (7) 1.10 The applicant and property owner shall be required to accommodate additional carriers that request to co-locate on the facility at a lease that is at fair market value. (1) 1.11 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.12 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. Exhibit A Resolution No. 3833 Page 4 (***) 1.13 Radio frequency emissions shall not exceed the radio frequency emission guidelines of the Federal Communication Commission (FCC) as such guidelines may be amended from time to time. (***) 1.14 Prior to July 1, 2002, and prior to each July 1 thereafter, the operator shall file with the City of Tustin Community Development Department a certification of compliance prepared by an independent third party qualified to measure radio frequency emissions. (4) 1.15 The antennas, parapet structure, and related equipment enclosure shall be regularly maintained and inspected for safety and aesthetics. The applicant shall provide routine maintenance of the material and color of the fiberglass parapet to ensure that it continues to match the existing exterior walls of the building. (***) 1.16 If deemed necessary upon change of ownership, notices shall be mailed to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a change of ownership. The cost of said notification shall be borne by the applicant and/or owner. PLAN SUBMI'I'FAL (4) 2.1 The stucco simulated fiberglass material extending the existing parapet to enclose the antennas shall be painted to match the exterior walls and texture of the existing building. Proposed colors and materials shall be indicated on the elevations, submitted for review and approval by the Community Development Department, and subject to field inspection. (4) 2.2 No exterior cables shall be permitted. (3) 2.3 At plan check, submit seven (7) sets of construction plans and two (2) sets of structural calculations prepared by a licensed engineer/architect. No field changes shall be made without corrections submitted to and approved by the Community Development Department. (3) 2.4 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations applicable at the time. The City is currently enforcing the following: · 1998 California Building Code; · 1998 California Mechanical and Plumbing Codes; · 1998 Califomia Electrical Code; · City of Tustin Grading and Security Ordinance; · City of Tustin Landscaping and Irrigation Guidelines; and · City ofTustin Pdvate Improvements Standards. Exhibit A Resolution No. 3833 Page 5 (3) 2.5 At building plan check submittal, the applicant shall submit cross-section details of the tenant space rooftop showing the installation of the proposed rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from public right-of-way view, subject to review of final plans during plan check by the Community Development Department. (3) 2.6 Construction details of the proposed parapet shall be submitted for review and approval at plan check and shall be subject to final field inspection. The parapet shall comply with the requirements of 1998 California Building Code Sections 709.4 and 709.4.2. (3) 2.7 A note shall be placed on the plans that no field changes shall be made without pdor approval from the Building Official and amhitect or engineer of record. NOISE (7) 3.1 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 of the permit for the work is awarded or during progress of the work. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 The applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases to be stored, used, or handled on-site. These liquids and materials shall be classified according to the Uniform Fire Code using the "Orange County Fire Authority Chemical Classification Handout." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class, and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (5) 4.2 Prior to the issuance of a building permit, the applicant shall contact the Orange County Fire Authority Hazardous Materials Services Section at (714) 744-0463 to obtain a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. This shall be completed and submitted to the Fire Chief pdor to the issuance of a building permit. Exhibit A Resolution No. :3833 Page 6 (5) 4.3 FEES (1) 5.1 (2) 5.2 Pdor to the issuance of a building permit, plans for the fire alarm system shall be submitted to the Fire Chief for review and approval. Please note this condition applies only if an approved smoke detection system is required to be installed to protect the battery system. This system shall be operational pdor to a final inspection approval. 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 required based upon those rates in effect at the time of payment and are subject to change. Building plan check and permit fees to the Community Development Department based on the most current schedule. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon 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 $43.00 (forty-three 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 Califomia Environmental Quality Act could be significantly lengthened.