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HomeMy WebLinkAboutPC RES 4196RESOLUTION NO. 4196 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2011-04 AND DESIGN REVIEW 2011-02 AUTHORIZING MODIFICATIONS TO AN EXISTING WIRELESS FACILITY LOCATED AT 1421 & 1451 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: 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 for an overall height of forty-nine (49) feet, replacing all of the twelve (12) antennas, adding six (6) new remote radio units, adding one (1) GPS antenna, 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 Planned Community Commercial/Business provide for a variety of commercial, office, and light industrial uses. 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. That on August 13, 2001, the City of Tustin Planning Commission adopted Resolution No. 3797 approving Design Review 00-033 to establish the wireless facility that currently exists at the subject property. D. That Sections 9276d and 9276e of the Tustin City Code require approval 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 2011-02 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 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. 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. Resolution No. 4196 Page 3 H. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of Title 14, Chapter 3 of the California Code of Reaulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby approves Conditional Use Permit 2011-04 and Design Review 2011-02 authorizing the modification of an existing wireless facility located at 1421 & 1451 Edinger Avenue by increasing the screen height by four (4) feet for an overall height of forty-nine (49) feet, replacing all of the twelve (12) antennas, adding six (6) new remote radio units, adding one (1) GPS antenna, and new associated equipment located within an existing building, 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 24 day of April, 2012. ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN y 9L JEFF R. THOMPSON Chairperson 1, Elizabeth A. Binsack, the undersigned, hereby certify that I 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 Tustin Planning Commission, held on the 24 day of April, 2012. C: 7 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 41•6 Z I I] 19 [01 � 61 01; W, A: 1: 10MAITIA GENERAL 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 building 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 CODE/S (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 I. an Administrative Citation pursuant to Tustin City Code Section 1162(a). omwms_ (1) 1.7 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. 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) 1.8 Conditional Use Permit 2011-04 and Design Review 2011-02 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 impacts 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 termination 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). 1.11 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 which 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 applicant shall file the accessory equipment identification number, Exhibit A Resolution No. 4196 Page 3 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. �ri��2 Exhibit A Resolution No. 4196 Page 4 NOISE zy (1) 3.1 All construction operations including engine warm up, delivery, and load ing/un loading 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.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 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. (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 electrical permits are required 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 (OCFA) (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, "for any system containing an aggregate quantity of electrolyte with hazard classification (s) in excess of the permit issuance threshold amount listed in CFC 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. All 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 Exhibit A Resolution No. 4196 Page 5 CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. 111 , 11 M