HomeMy WebLinkAbout02 CUP 2011-04 & DR 2011-02AGENDA REPORT
MEETING DATE: APRIL 24, 2012
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
ITEM # 2
SUBJECT: CONDITIONAL USE PERMIT 2011 -04 & DESIGN REVIEW 2011 -02
APPLICANT: COASTAL BUSINESS GROUP (AT &T)
16460 BAKE PKWY. SUITE 100
IRVINE, CA 92618
PROPERTY OWNER: TUSTIN PACIFIC INVESTMENTS LLC
1601 DOVE STREET
NEWPORT BEACH, CA 92660
LOCATION: 1421 & 1451 EDINGER AVENUE
REQUEST: A REQUEST BY COASTAL BUSINESS GROUP ON BEHALF
OF AT &T MOBILITY TO MODIFY AN EXISTING WIRELESS
FACILITY LOCATED AT 1421 & 1451 EDINGER AVENUE BY
INCREASING THE SCREEN HEIGHT BY FOUR (4) FEET,
REPLACING ALL OF THE ANTENNAS, ADDING SIX (6)
REMOTE RADIO UNITS, AND ASSOCIATED EQUIPMENT.
ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15301 (CLASS 1) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
PC Report
April 24, 2012
CUP 2011 -04 & DR 2011 -02
Page 2
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4196, approving Conditional Use
Permit 2011 -0 and Design Review 2011 -02 authorizing modifications to an existing
'vu reless facility located at 1421 & 1451 Edinger Avenue.
APPROVAL AUTHORITY-
Tustin City Code (TCC) Section 9276d requires Planning Commission apprmml of a
conditional use permit prior to any modification of a major wireless facility. The
proposed facility is considered a major �jAj reless facility because it is .roof mounted and
exceeds ten (10) feet in height and does not exceed the maximum height permitted in
the zoning district in which the facility is located. Section 9276e of the TCC requires
design review approval prior to modification of any wireless facility Within the City.
BACKGROUND:
On August 13, 2001, the Planning Commission adopted Resolution No. 3797 approving
Design Review 00 -033 for the existing subject wireless facility. The facility is designed
as a forty -five (45) foot tall stealth tower which connects t�iAjo office/warehouse buildings.
Equipment ser kr ng the facility is located to the rear of the building adjacent to t'he train
tracks and within a scull building. The current proposal is a modification to the existing
wireless facility.
Site and Location
The project site is located within the Pacific Center East Specific Plan (PCESP) and
zoned as Planned Community. Within the PCESP, the project site has a land use
designation of Technology Center which generally allows for research and development
and light industrial type uses. Surrounding properties are also located within the PCESP
and consist of light industrial, office, and commesrcial uses. Abutting the property to the
north lies the Orange County Flood Control Channel and OCTA/SRRA Railway Right -of-
way. (Attachment A- Location Map).
PC Report
April 24, 2012
CUP 2011 -04 & DR 2011 -02
Page 3
The tower is located approximately forty (40) feet from the front of the buildings and
replicates the elements on the existing building including the concrete texture, light and
dark gray glazing, and red stripe. The tower element currently extends above the roofline
thirteen and a half (13.5) feet to a height of forty -five (45) feet above grade. The facility
contains a total of twelve (12) antennas which are fully screened. Associated equipment is
located within a small building at the rear of the property adjacent to the railway.
Proposed Modifications
The applicant is proposing to replace the twelve (12) existing panel antennas with new
eight (8) foot antennas and add six (6) new remote radio units within the tower
enclosure. All new equipment serving the facility will be located within the existing
equipment structure at the rear of the property. An additional small GPS antenna
mounted on the outside of the existing equipment structure is also proposed.
The proposed improvements will necessitate a four (4) foot increase in the height of the
tower structure. This would result in an overall height of forty -nine (49) feet or
seventeen and a half (17.5) feet above the existing roofline, which is in compliance with
PC Report
April 24, 2012
CUP 2011 -04 & DR 2011 -02
Page 4
the maximum height of fifty (50) allowed within the zoning district. The tower extension
would be of a material, color, and finish to match the existing tower.
view Looking East
View Looking North
Design Review (Aesthetics)
Staff has reviewed the proposed modifications and does not believe that they will have
a detrimental impact on the visual characteristics or the area. The only visual
modification to the facility will involve the proposed four (4) foot extension to the tower
which will be finished to match the existing tower. Due to the setback of the tower from
the street (149 feet) and its placement in the middle of and between the two buildings,
there is very little change to the streetscape anticipated. As evidenced in the photo -
simulations provided by the applicant, there is not a substantial difference in view that
motorist would see as they pass the buildings. In most cases the buildings would be
viewed at an angle from a distance thus reducing the prominence of the tower feature.
PC Report
April 24, 2012
CUP 2011 -04 & DR 2011 -02
Page 5
FINDINGS:
In determining whether to approve the Conditional Use Permit and Design Review for the
proposed modifications to an existing major wireless facility, the Planning Commission
must determine whether or not the proposed use will be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working in the neighborhood,
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; and that the location,
size, architectural features, and general appearance of the proposal will not impair the
orderly and harmonious development of the area, the present or future development
therein, or the occupancy as a whole. A decision to approve this request may be
supported by the following findings:
1) The project is consistent with Section 9276 of the Tustin City Code pertaining to
'wireless communication facility regulations and guidelines in that the facility
would remain as a stealth facility with screened equipment located on existing
buildings.
2) The proposed wireless facility modifications are consistent with the maximum
allowable height of fifty (50) feet as permitted in the Technology Center of the
Pacific Center East Specific Plan.
3) The location, size and general appearance of the proposed project as conditioned
is compatible with the surrounding area in that the proposed height extension of
four (4) feet to the tower element is not ' out of scale with the buildings or
surrounding development.
4) The materials of the tower are designed to mimic those existing on the buildings
which allows the tower element to appear as an integral component of the building
design.
5) All new accessory equipment will be located within an existing building at the rear
of the property.
6) As conditioned, the applicant is required to comply with the FCC guidelines related
to radio frequency emissions and shall submit a post - installation test to confirm
that the "planning and frequency coordination" of the facility was successful in not
interfering with the City of Tustin's Public and Safety radio equipment.
"RyatOwiontek Elizabeth A. Binsack
Associate Planner Community Development Director
PC Report
April 24, 2012
CUP 2011 -04 & ®R 2011 -02
Page 6
Attachmonts;
,A.
Loca�Jon Map
S.
Land Use Face Shest
C.
Submitted Plans
D.
Resolution Nc. 4196
ATTACHMENT A
LOCATION MAP
LOCATION MAP
CUP 2011 -04 & DR 2001 -02
1421 & 1451 EDINGER AVENUE
PROJECT SITE
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INDUSTRIAL - .
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ATTACHMENT B
LAND USE FACT SHEET
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2011 -04 and
DESIGN REVIEW 2011 -02
2. LOCATION: PACIFIC CENTER EAST — TECHNOLOGY CENTER
3. ADDRESS: 1421 & 1451 EDINGER AVENUE
4. APN: 430- 263 -11
5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
DR 00 -033
6. SURROUNDING LAND USES:
NORTH: CITY SERVICE YARD SOUTH: OFFICE
WEST: LIGHT INDUSTRIAL /OFFICE EAST: RESTAURANT
7. SURROUNDING ZONING DESIGNATION:
NORTH: PUBLIC AND INSTITUTIONAL SOUTH: PLANNED COMMUNITY
WEST: PLANNED COMMUNITY EAST: PLANNED COMMUNITY
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: PUBLIC /INSTITUTIONAL
WEST: PC COMM ERCIAUBUSINESS
9. SITE LAND USE:
A. EXISTING: OFFICE
B. GENERAL PLAN: PC COMMERCl/
C. ZONING: PLANNED COMMUNITY
SOUTH: PC COMMERCIAL /BUSINESS
EAST: PC COMMERCIAUBUSINESS
PROPOSED: SAME
kUBUSINESS PROPOSED: SAME
PROPOSED: SAME
DEVELOPMENT GUIDELINES:
11. LOCATION: SITED BETWEEN TWO BUILDINGS, 40 FEET RECESSED
12. STEALTH FACILITY: DESIGNED AS A TOWER ELEMENT OF THE BUILDINGS
13. CO- LOCATION: TO BE EVALUATED IN THE FUTURE
14. COLORS: MATERIALS AND FINISHES TO MATCH THE EXISTING TOWER
15. SCREENING: 4 FOOT EXTENSION TO THE EXISTING TOWER
17. ACCESSORY EQUIPMENT: TO BE LOCATED WITHIN AN EXISTING BUILDING
ATTACHMENT C
SUBMITTED PLANS
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ATTACHMENT D
RESOLUTION NO. 4196
RESOLD T lON NO.4126
A RESOLUTION OF THE PLANN NG COMMISSION OF THE
CITY OF TUSTIN, APPROVING COl\]DiTIONAL USE PERMIT
2011 -04 AND DESIGN REVIEW 201102 AU T HOR;lZING
NIO 01 ]CATIONS TO AN EXISTING WIRELESS FACILITY
LOCATED AT 1421 & 1Z451 EDINGER VENUE.
The Planning Comma ssion does hereby resolve as follojns:
The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 2011 -04 and Design
Review 2011 -02 was filed by Coastal Business Group on behalf of AT &T
Mobility, LLC requesting authorization to modify an existing wireless facility
located at 1421 & 1451 Edinger Avenue by increasing the screen height by
four (4) feet, replacing all of the antennas, adding six (6) new remote radio
units, and new associated equipment located within an existing building.
B, That the Planned Community zoning designation, Pacific Center East
Specific Plan, and General Plan land use designation of Manned
Community Commercial /Business provide for a variety of com mercial,
office, and light industriai uses. In addition, the project has been reviewed
for consistency with the A r Quality Sub - element of the City of Tustin
General Flan and has been determined to be consistent NIAJth the Air
Quality Sub- eiement.
C. That on August 13, 2001, the City of Tustin Planning Comm ssion adopted
Resolution No. 3797 approving Design Review 00033 to establish the
wireless facility that currently exists at the subject property.
D. That Sections 9276d and 9276e of the Tustin City Code require approvEl of
a conditional use permit and design review prior to any modification of a
major wireless facility.
E. That a public hearing was duly called, noticed, and held for Conditional
Use Permit 2011 -04 and Design Review 201102 on April 24, 2012, by the
Planning Commission.
F. That the establishment, maintenance, and operation of the proposed use will
not, under the circumstances of this case, 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 in that:
Resolution No. 4196
Page 2
1. The project js consistent with Section 9276 of the T uaJn City Code
persaining to wireless communication facility regulations and
gujdeflnes in that the facility lilrould remain as a stealth facility Axh� ih
screened equipment located on e, buildings.
2. The proposed Njreless facM1y modifications are consistent with the
maximum allo�jAjable height of fifty (50) feat as permitted in the
Technology Center of the Pacific Center East Specific Plan.
3. The location, size and general appearance of the proposed project as
condRbned js compatible with the surrounding area in that the
proposed height extension of four (4) feet to the tower element is not
out of scale uvith the buildings or surrounding development.
z4. The materials of the tower are designed to mimic those exjsting on the
buildings -, jAjhich allows the toNiver element to appear as an integral
component of the bujldMg design.
5. All new accessory egujpment will be located viitNn an exjsting building
at the rear of the properly.
5. As conditioned, the applicant js required to comply "Y�Jth the FCC
guidelines related to radio frequency emissions and shall submit a
posINnstallation test to confirm that the "planning and frequency
coordination" of the facjlty was successful jn not interfering uvKh the
City of Tustin's Public and Safety radio equipment.
G. The location, size, architectural features, and general appearance of the
proposal 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 Planning Commission has considered
at least the following items:
1. Height, bulk, and area of proposed structure.
2. Setbacks and site planning.
3. Exterior material and colors.
4. Towers and antennae.
5. Physical relationship of proposed structure to existing structures.
6. Appearance and design relationship of proposed structures to
existing structures and possible future structures in the neighborhood
and public thoroughfares.
7. Development guidelines and criteria as adopted by the City Council,
H. This project is Categorically exempt pursuant to Section 15301 (Class 1
of Title 14, Chapter 3 of the California Code of Regulations (GUdeljnes for
the California Environmental Quality Act).
Rasolution No. -4196
Pegs 3
The Planning Commission hereby approves Conditional USS Perrrait 2011 -04, and
Design R-m ieNju 201 1 -02 authorizzing the modi fication of an existing Nivireless facility
located at 1421 & 1451 Edinger Avenue by increasing the screen height by °TOUT
(4 ) feet, replacing all of the antennas, adding six �6) ne�jAi rernote rad °o a�nits, and
neAsij associated equipment located �j\Jthin an existing bu lding, subject to the
conditions contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Austin, at a
regular meeting on the 24 day of April, 2012.
JEFF R. THOMPSON
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF T LUSTIN
I, Elizabeth A. Binsack, the undersigned, hereby certify that l am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4196 was
duly passed and adopted at a regular meeting of the T ustin Planning Commission, held
on the 24 day of April, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4196
CONDITIONAL USE PERMIT 2011 -04
AND DESIGN REVIEW 2011 -02
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped April 24, 2012, on file with the Community
Development Department, as herein modified, or as modified by the
Community Development Director in accordance with this Exhibit. The
Director may also approve subsequent minor modifications to plans during
plan check if such modifications are consistent with provisions of the Tustin
City Code or other applicable regulations.
(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 and substantial construction is underway
within twelve (12) months of the date of this Exhibit. Time extensions may
be considered 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 2011 -04 and Design Review 2011 -02 is
contingent upon the applicant and property owner signing and returning 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 revised, 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.
(1) 1.5 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney fees, subject to the applicable
notice, hearing, and appeal process as established by the City Council by
ordinance.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODES (7) PC /CC POLICY
(4) DESIGN REVIEW *** EXCEPTIONS
Exhibit A
Resolution No. 4196
Page 2
(1) 1.6 Any violation of any of the conditions imposed is subject °to the issuance of
an Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.7 The sppllcant shad 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
Clty, its ulcers, 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 stafT, concerning
this project. 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.
f 1) IX Conditional Use Permit 2011 -04 and Design Review 201 1 -02 may be
reviewed annually or more often, if deemed necessary by the Community
Development Department, to ensure compatibility with the area and
compliance with the conditions contained herein. If the use is not operated
in accordance with conditions of approval included in Exhibit A of Resolution
No. 4196, or is found to be a nuisance or negative irnpacts are affecting the
surrounding tenants or neighborhood, the Community Development Director
may impose additional conditions to eliminate the nuisance or negative
impacts, or may initiate proceedings to revoke the Conditional Use Permit.
(1) 1.9 Except as otherwise stated in Condition 1.3, Conditional Use Permit 2011 -04
and Design Review 2011 -02 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 terrni nation or
expiration of the lease, the facilities shall be removed from the property and
the site restored to the original condition.
(1) 1.10 The frequencies used by the wireless facility shall not interfere with the Public
Safety 800 MHz Countywide Coordinated Communications System (CCCS).
(1) 1.11 Operation of the wireless facility shall be in compliance with the proposed
methods of operation as proposed by the applicant and noted on the plans:
a. The applicant shall provide a 24 -hour phone number to Nj�hMch
interference problems may be reported. To ensure continuity on all
interference issues the name, telephone number, fax number, and e-
mail address of a "single point of contact" in its Engineering and
Maintenance Departments shall be provided to the City's designated
representative upon activation of the facility. This condition will also
apply to all existing facilities (AT &T ) in the City of Tustin. The
Exhibit A
Resolution No. 4196
Page 3
applicant shall file the accessory equipment identification number,
company name, person responsible for maintenance of the
accessory equipment, and the phone number with the Public Works
Department.
b. The applicant shall ensure that licensee or other users shall comply
with the terms and conditions of Conditional Use Permit 2011 -04 and
Design Review 2011 -02 and shall be responsible for the failure of
any licensee or other users under the control of the applicant to
comply.
c. Radio frequency emissions shall not exceed the radio frequency
emission guidelines of the Federal Communications Commission
(FCC), as such guidelines may be amended from time to time. The
applicant shall provide to the Community Development Department a
pre and post - installation test showing compliance with the guidelines
established by the FCC.
USE RESTRICTIONS
(1) 2.1 The facility shall be limited to twelve (12) panel antennas, six (6) remote
radio units, two (2) GPS antennas, and the associated equipment located in
a existing building.
(1) 2.2 The proposed four (4) foot extension to the tower element shall match the
existing tower element in terms of finishes, colors and general appearance.
(1) 2.3 All roof - mounted utilities shall be screened from view. Rooftop equipment
shall be located a minimum six (6) inches below the height of the parapet
and not visible from the public right -of -way.
(1) 2.4 The structure and all related facilities shall be regularly maintained and
inspected for safety and aesthetics by the applicant or the property owner in
accordance with the approved plans.
(1) 2.5 The equipment shall not bear any signs of advertising devices (other than
certification, warning, or other required seals or signage).
(1) 2.6 The applicant shall evaluate all requests for co- location on the facility by
additional carrier(s) and make a good -faith determination of each such
requesting carrier's compatibility with the applicant at this location. If, in
the good -faith determination of the applicant, the co- location is technically
compatible, then the applicant shall accommodate such additional carrier
if applicable business terms can be successfully negotiated.
NOISE
Exhibit A
Resolution No. 4196
Page 4
'U constTLIU ion operations including engine VIETM app, delivmary, and
loading /unloading of -equipment and materials 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.rn., Monday through
Friday and 9 :00 a.m. Until 5 :00 P.M. on Saturday unless the Building Official
determines that said activity iivill be in substantial conformance with the
Noise Ordinance and the public health and safety �jAiill not be impaired
subject to application being made at the time the permit For the work is
awarded or during progress of the work.
(1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's
Noise Ordinance.
BUILDING DIVISION
(1) 4.1 Building and alectricai permits are T- squired for the proposed work.
(1) 4.2 At the time of building permit application, the ; plans shall comply with the
2010 Edition State and the City of Tustin adopted codes: California Building
Code, California Electrical Code, California Plumbing Code, City
Ordinances, and State and Federal laws and regulations.
ORANGE COUNTY FIRE AUTHORITY (OCR
(5) 5.1 Prior to the issuance of a building permit, the applicant shall submit to the
Fire Chief a plan for review and approval of the proposed battery, 66 for any
system containing an aggregate quantity of electrolyte with hazard
classifications) in excess of the permit issuance threshold amount listed
in CG;C Appendix Chapter 1, Section 105." The applicant may contact the
OCFA at (714) 573 -6100.
FEES
(1) 6.1 Prior to issuance of any building permits, payment shall be made of all
applicable Fees, including but not limited to, the following. Payments shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a. Ali applicable Building and Planning plan check and permit fees and
Orange County Fire Authority fees shall be paid to the Community
Development Department.
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
Exhibit A
Resolution Flo. 4196
Page 5
, ,TjfZy doflars ($50,00) to enable the City to fl e the appropriate
emrironmentai documentation for tho projoct, if �nJth:in such forty-eight
( ) hour period the applicant has not delivered to the Community
Development Department the above -noted check, the" statute of
Hmitations for any interested party to challenge the environmental
determination under the provisions of the California EnAronmental
Quality Act could be significantly lengthened,