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HomeMy WebLinkAboutCC RES 11-47RESOLUTION NO. 11-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVERSING THE PLANNING COMMISSION'S DECISION AND DENYING DESIGN REVIEW 09-033 TO INSTALL AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF: TWO (2) FLAGPOLES WITH A HEIGHT OF FORTY (40) FEET; ONE (1) FLAGPOLE WITH A HEIGHT OF FORTY-THREE (43) FEET; AND, UNDERGROUND EQUIPMENT LOCATED WITHIN A LANDSCAPED CIRCLE IN THE PARKING LOT OF CEDAR GROVE PARK LOACTED AT 11385 PIONEER ROAD The City Council of the City of Tustin does hereby resolve as follows: A. That an 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; one (1) 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 to allow for a public meeting to accept comments from the 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. The Zoning Administrator adopted Zoning Administrator Acton 10-010 approving Design Review 09-033. 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 Resolution 11-47 Page 1 of 4 to a date uncertain to redesign the proposed facility. The Planning Commission granted the continuance to a date uncertain. G. That on January 6, 2011, that applicant held a public outreach meeting at the Tustin Public Library. H. That a public meeting was duly called, noticed, and held on said application on April 26, 2011, before the Planning Commission. The Planning Commission adopted Resolution No. 4163, approving Design Review 09-033. That on May 6, 2011, an appeal of the Planning Commission's decision to approve Design Review 09-033 was filed by the Mayor Pro Tem John Nielsen. J. That public hearings were duly called, noticed, and held for said appeal on July 19, 2011, and October 18, 2011, before the City Council. K. That after the October 18, 2011, public hearing on Design Review 09-033, the City Council voted 3-2 to reverse the Planning Commission's decision and directed staff to return with a resolution with findings to deny the project. L. That as to the Design Review application for the proposed wireless facility, the City Council determined that the location, size, architectural features and general appearance of the proposed wireless facility will impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. The decision to deny this request is supported by the following findings: 1. Cedar Grove Park is a unique, pristine, visually prominent and passive oriented park with Cedar/Redwood grove surrounded by residential uses which is not compatible with wireless facilities. 2. Due to the odd shape of Cedar Grove Park, park users would come into close contact with any freestanding wireless facility within the park which would disrupt the tranquility and natural beauty of the park. 3. The location, size and general appearance of the proposed project is not compatible with the surrounding area in that the design of the proposed wireless facility is clearly recognizable as something other than a flagpole and is not stealth at the close range in which it would be viewed. The proposed forty (40) to forty-three (43) foot high poles and fourteen (14) inch diameter of each pole would appear out of scale and out of context with the project site and park. 4. The proposed flagpole designs do not offer the ability for additional carriers to co-locate at the facility and are inconsistent with the City Council adopted Resolution No. 01-95: Design Guidelines for Resolution 11-47 Page 2 of 4 Aboveground Utility Facilities and their Accessory Equipment on Public Property and in the Public Right-of-Way. 5. The area in the vicinity of the project area currently has in-vehicle and outdoor coverage as referenced in coverage map provided by the applicant, and there is no significant gap in coverage. 6. There are other project sites available which can adequately address the minor coverage issues within the vicinity of the project site as referenced in coverage and drive test data provided by the applicant. 7. There are feasible alternative project sites to the proposed facility which are less intrusive than the proposed facility. 8. That alternative sites are feasible is clear because there are other wireless providers in the vicinity of the project site which provide cellular coverage from a facility that is less intrusive than the proposed facility. M. That pursuant to Section 15270(a) of the California Code of Regulations (Guidelines for the California Environmental Quality Act) CEQA does not apply to projects which a public agency rejects or disapproves. II. The City Council hereby reverses the decision of the Planning Commission and denies Design Review 09-033 to install and operate a wireless telecommunications facility consisting of: two (2) flagpoles with a height of forty (40) feet; one (1) 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. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 1st day of November, 2011. ATTEST: PA ELA STOKER, City Clerk Resolution 11-47 Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-47 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1ST day of November, 2011, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: PA ELA STOKER, City Clerk Nielsen, Gavello, Gomez (3) Amante, Murray (2) None None • (0) (o> Resolution 11-47 Page 4 of 4