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HomeMy WebLinkAbout04 CUP 99-012DR 99-017 05-01-00DATE' MAY 1, 2000 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 99-012 & DESIGN REVIEW 99-017 SUMMARY: Conditional Use Permit (CUP) 99-012 and Design Review (DR) 99-017 are requests to establish a 60foot tall major wireless communications facility (Jgtonopine) behind the Snapple building at 15201 Woodlawn Avenue within the Pacific Center East Specific Plan areca On March 27, 2000, the Planning Commission approved CUP 99-012 and DR 99-017. On April 3, 2000, the Council appealed the Planning Commission's decisiota Applicant: Saundra Jacobs, SBA Ina for Sprint PCS Property Owner: David French, Snapple RECOMMENDATION Pleasure of the City Council. FISCAL IMPACT The applicant paid the application fees associated with the processing of these permits. BACKGROUND The applicant is requesting approval to establish a major wireless communications facility for the company's cellular communication network. The facility is proposed to be a sixty (60) foot high structure located on the west side of the Snapple building at 15201 Woodlawn Avenue. Pursuant to Tustin City Code Section 9276, any ground-mounted wireless communication facility located outside the public right-of-way is considered a major facility and subject to Planning Commission review and approval of a Conditional Use Permit. On March 13, 2000 and March 27, 2000, the Planning Commission considered this application. Two alternatives were considered which are visually represented in the photo simulations (Attachment A). Alternative 1 is the applicant's preferred project which is a sixty (60) foot tall unipole. Alternative 2 disguises the monopole as a palm tree or pine tree with a cluster of mature trees around the facility. City Council Report Appeal of CUP 99-012 and DR 99-017 May 1, 2000 Page 2 At the March 13, 2000 meeting, the Planning Commission directed staff to return on March 27, 2000 with a Resolution No. 3714 (Attachment B) approving the monopine. The Planning Commission determined that the monopole disguised as a pine tree with mature trees, such as eucalyptus, planted around the facility would provide the most mitigation to reduce the potential visual impacts. A copy of the staff reports and minutes for the March 13 and March 27, 2000 meetings are included in Attachments C and D. On April 13, 2000 the applicant sent a letter requesting that the City Council consider a modification to Resolution No. 3714 Condition 1.11 which pertains to the property maintenance of the site (Attachment E). The applicant prefers to clean up the property at the time of construction rather than before the issuance of the building permit. This condition was added because of a lack of property maintenance. DISCUSSION Project Description The 60 foot high monopine would be situated approximately eleven (11) feet west of the rear building wall and fifteen (15) feet from the rear property line (Attachment F). The facility would be-800 feet west of the Woodlawn Avenue right-of-way. The maximum height allowed in the Pacific Center East Specific Plan area is 50 feet. However, TCC Section 9276(I) allows consideration of wireless facilities that exceed the maximum height permitted within a zoning district by up to ten (10) feet. The 615 square foot equipment area necessary for facility operation would be located at the base of the monopole. As a condition of approval, the Planning Commission included a requirement that the applicant construct a six (6) foot eight (8) inch tall block wall enclosure around the wireless facility to prevent unauthorized access and visibility from any surrounding sites or public right-of-ways. Project Site Characteristics The site is located within the "Technology Center" zoning district of the Pacific Center East Specific Plan which provides for general research and development, light industrial, and accessory offiCe and commercial uses. Surrounding uses include a vacant parcel, Del Amo Avenue and the SR-55 Freeway to the west and commercial and office uses to the east, north and south (Attachment G). There are no other major wireless communication facilities in the immediate vicinity. On April 10, 2000 the Planning Commission denied a request for a major wireless communication facility (Unipole) 1,800 linear feet from this facility at 1421 Edinger Avenue. Tustin City Code Section 9276 includes development criteria related to screening, site selection and Iocational criteria for wireless communications facilities. The Screening Criteria and Guidelines require that: Facilities be located in areas that minimize their intrusion on the surrounding community. City Council Report Appeal of CUP 99-0,12 and DR 99-017 May 1,2000 Page 3 Ground-mounted facilities should only be located in prOximity to existing above ground utilities, such as electrical towers or utility poles. Facilities b'e primarily located on existing structures; and secondarily located where existing topography, vegetation, or other structures provide the greatest screening. In addition., the Site Selection Order of Preference within the guidelines requires that: 1) Wireless communication facilities shall be located preference: in the following order of a) On existing struCtures such as buildings, communication towers, church steeples and freestanding signs. b) In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. c) On vacant ground without significant visual mitigation only in commercial and industrial districts. 2) Applicants must provide written documentation demonstrating a good faith effort in locating facilities in accordance with the Site SeleCtion Order of Preference. The proposed monopole is located where there are no other structures, utilities, or pine trees of comparable heights in the immediate vicinity. Although the facility was approved as a monopine within a cluster of living trees, the photographic simulations (Attachment A) demonstrate that the location and height of the proposed monopine, in contrast with the lack of adjacent buildings or vegetation of similar heights, will be highly visible. Even if disguised as a pine' tree and surrounded by living trees, it may be observable that it is a wireless communications facility. Site Selection Justification Attachment H contains the applicant's rationale for the proposed facility and documents their efforts to comply with the Site Selection Order of Preference for wireless communication facilities (TCC Section 9276). The proposed project location is desired by the applicant to provide better coverage for users living or working in the surrounding area and to mobile users traveling the SR-55 Freeway and nearby roadways. The coverage in this area is currently Weak and the applicant has received complaints of dropped calls from customers. Attachment I contains the applicant's radio frequency analysis of the proposed facility, Based on the analysis, the antennas need to be mounted at a height of 57 feet and 11 inches to achieve optimal signals. Map 3 shows the signal strength, or coverage, of a City Council Repod AppealofCUP 99-012 and DR 99-017 May 1,2000 Page 4 sixty (60) foot tall facility and Map 4 shows the coverage of a forty-five (45) foot tall facility. The taller facility would provide more "In Building" coverage than the shorter facility (shown in green on the maps). The "In Vehicle" coverage (shown in yellow) does not differ widely between the two heights. According to the applicant, the 60 foot facility would provide the most efficient coverage for the area. Given the average thirty (30) foot height of buildings within the project vicinity, one building mounted facility would not provide sufficient coverage. However, two or more building-mounted facilities could provide sufficient coverage. Based on the applicant's information, this alternative has not been examined and, therefore, does not meet the intent of the Ordinance which requires the applicant to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the Site Selection Order of Preference. Overconcentration and Visual Intrusion The information provided within the radio frequency analysis (Attachment I), illustrates that the sixty (60) foot wireless facility would not provide complete coverage for the service area which may require this operator to add future sites in the area when the coverage in the area becomes unsatisfactory. Other cellular providers could also locate major facilities every 100 lineal feet in accordance with Tustin City Code 9276. Proliferation of these facilities could create an. overconcentration within the area. The monopole will be visible from Valencia, Del Amo Avenue and the SR-55 freeway due to lack of screening, buildings or landscaping in the surrounding area. The site which is located adjacent to a undeveloped lot, creates a potential impact on future development that can not be foreseen. Disguising the facility as a pine tree will reduce, but not eliminate, the visual impacts of the facility. In contrast, stealth facilities that are building mounted present minimal visual impacts. The alternatives'to a monopole facility at this location, such as one or more building mounted facilities, have not been exhausted by the applicant. Telecommunications Act of 1996 The Telecommunications Act of 1996 requires local govemments to act expeditiously, avoid preferential treatment between carriers, and not preclude any wireless antennas on the grounds of the radio frequency emissions. The Act allows local governments to regulate the location and screening of a facility to reduce aesthetic impacts. However, the Act requires that local government decisions to deny a request to place, construct or modify a facility be in writing and supported by substantial evidence contained in the wdtten record. The evidence needs to be presented for each facility on a case by case basis; undocumented refusals to grant permit applications are 'nOt allowed under the Act. If the Council directs staff to prepare a resolution of denial, findings must be made that are specific to this site and application. City Council Report Appeal of CUP 99-012 and DR 99-017 May 1, 2000 Page 5 CITY COUNCIL ALTERNATIVES The following options are available to the City Council' , Affirm the Planning Commission's decision and direct staff to prepare a resolution of approval. 2. ,. /~irect staff to. pr,~are a resolution of denial with appropriate findings. Lor~ A. II~udi L~' I Elizabeth A. Binsack Associate Planner Community Development Director s:ccrept/cup99-012appeal.doc Attachment: Ae B- C- D- E- ' F- G- H- I- Photo-simulations of Unipole, Monopalm and Monopine Planning Commission Resolution No. 3714 March 13, 2000 and March 27, 2000 Planning Commission Reports March 13, 2000 and March 27, 2000 Planning Commission Minutes Letter from applicant, dated April 13, 2000 Submitted Plans Location Map Site Selection Justification from Applicant Radio Frequency Analysis ATTACHMENT A Photo-simulations of Unipole, Monopalm and Monopine ~o~o Z Z · -r Z Z ATTACHMENT B Planning Commission Resolution No. 3714 ]0 22 23 24 27 RESOLUTION NO. 3714 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 99-012, AND DESIGN REVIEW 99-017 AUTHORIZING THE ESTABLISHMENT OF MAJOR WIRELESS COMMUNICATION FACILITY AT 15201 WOODLAWN 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 99-012 and Design Review 99-017 was filed by Sprint PCS to establish a major wireless communications facility sixty feet in height with six antenna panels fifty-six (56)inches in length on the property located at 15201 Woodlawn Avenue. Bo That the proposed facility is consistent with the requirements of Tustin City Code Section 9276 et seq., relating to wireless communications facilities. Co That a public hearing was duly called, noticed and held on said application on February 14, 2000, and continued to the February 28 and March 13, 2000 meetings of the Planning Commission. D° That installation, operation, ' and maintenance 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: 1) As conditioned, the proposed facility would not be detrimental to, or have a negative effect on, surrounding properties in that it would appear to be a tree set within the "Technology Center" zoning district of the Pacific Center East Specific Plan which provides for general research and development, light industrial and accessory office and commercial uses. A monopole constructed as an artificial tree within a cluster of trees at this location is consistent with the second and third site selection order of. preference in Tustin City Code Section 12 13 15 t9 20 21 22 23 24 25 26 27 28 29 Resolution No. 3714 Page 2 Bo 2) 3) 9276(F)(2)(a)(3) which identifies placement where vegetation would provide screenings and in commercial and industrial zones, in addition, consistent with the iocational guidelines in TCC Section 9276(H), the facility would not be located within 100 feet of any existing, legally established major wireless communication facility nor within 300 feet of residentially zoned or used property. As conditioned, the proposed facility would not be detrimental to, or have a negative effect on, surrounding properties in that the facility would appear to be a tree and would be'located in close proximity to living trees of comparable heights consistent with the screening guidelines of Tustin City Code Section 9276(F)(1). As conditioned, the use of a portion of the project site for the facility would not impair, the operations of the existing use. The facility would be unattended and not necessitate use of required parking spaces nor generate significant traffic in the neighborhood. 4) As conditioned, co-location of the facility shall be required for other carriers at a fair market rate to avoid an infiltration of additional major wireless communication facilities within one hundred (100)feet of the facility. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed facility would 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: · o , Height, bulk and area of buildings. Setbacks and site planning. Physical relationship'of proposed improvements to existing structures in the neighborhood. ' 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. !9 2O "5 Resolution No. 3714 Page 3 F, This project is Categorically Exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act. Go 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. 11. The Planning Commission h'ereby approves Conditional Use Permit No. 9.¢- 012 and Design Review 9~-017 authorizing establishment of a major wireless communication facility sixty (60) feet in height with six (6) antenna panels fifty-six (56)inches in length at 15201 Woodlawn 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 27th day of March, 2000. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 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 Planning Commission of the City of Tustin, California; that Resolution No. 3714 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of March, 2000. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CUP 99-012 AND DR 99-017. MARCH 27, 2000 GENERAL (1) 1.2 (1) 1.3 (1) 1.5 (1) 1.6 (1) 1.7 The proposed project shall substantially conform with the submitted plans for the project date stamped March 27, 2000, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modification to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. _ . Project approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. The applicant shall sign and return an Agreement to Conditions Imposed form prior to the issuance of any permits. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. Any public improvements damaged' by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include but not be limited to curb, gutter, street paving and drive apron. Design Review approval shall be reviewed by the Community Development Director on or about March 27, 2005 and every five (5) years thereafter or sooner if deemed appropriate. The Director may recommend to the City Council modification to the existing conditions and facility including lowering or.requiring a building mounted facility or impose new conditions as part of such review to protect the public health, safety, community aesthetics and general welfare. The-applicant shall hold harmless and defend the City of Tustin from ali claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Resolution Conditions of Approval CUP 99-012, DR 99-017 Page 2 '14 (1) 1.8 (1) 1.9 (1) 1.11 PLAN SUBM 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 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 property. To prevent overconcentration of monopole structures, future wireless communication facilities proposed by Sprint south of the I-5 Freeway and east of the SR-55 Freeway within the City of Tustin shall be limited to building mounted facilities which are integrated into the architecture of the host buildings. The applicant shall submit a master plan of the for the area south of the I-5 Freeway and SR-55 Freeway to the Community Development Department demonstrating that building mounted facilities could be developed to eliminate existing or future gaps in service. The applicant shall be required to accommodate additional carriers that request to co-lOcate on the facility at a lease that is at a fair market rate. The owner shall bring the property into compliance with the City's Property Maintenance Ordinance prior to the issuance of a building permit. Said property shall be maintained in a manner to ensure compliance with the Property Maintenance Ordinance. ITFAL (1) 2.1 (1) 2.2 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, electrical and mechanical plans with the necessary structural calculations, specifications and details complying with the Uniform Building Code, other related Codes, City Ordinances an.d State and Federal Laws and regulations. The 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. All grading, drainage, vegetation and circulation shall complY with the city of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention Of the Building Official and request for approval Shall be submitted in writing prior to any approval. Exhibit A- Resolution No. Conditions of Approval CUP 99-012, DR 99-017 Page 3 ,4 (6) 2.3 At building plan check, the applicant shall submit three (3) sets of landscaping and, irrigation plans identifying the existing and Proposed landscaping, planting details, soils report and modifications to the existing irrigation system. The plan shall be prepared consistent with the City's landscaping and irrigation guidelines. USE RESTRICTIONS (4) 3.1 The wireless facility shall be disguised as a pine tree no more than sixty (60) feet in height with a round trunk with artificial bark and full branching from the top of the pole to the ground. A total of six (6) living trees of a variety of · species shall be installed' in close proximity and height to the monopole tree · structure subject to review and approval of the Community Development Department. If sufficient space is not available for installation of 'one monopole .structure and six (6) living trees, the applicant shall request approval of revised plans from the Planning Commission. (4) 3.2 The number and dimensions' of the antenna sectors shall be limited to six (6) panels fifty-six (56)inches in length as shown on the approved plans. The location and configuration of the facility shall be restricted to the location and configuration shown on the approved plans. 3.3 The artificial tree/monopole structure shall be maintained in good condition. if the condition of the structure serves to lessen the visual mitigation of the communication facility as an artificial tree, the Director may require that the structure be refurbished within thirty (30) days of notification from the Community Development Department. 3.4 The condition' of the living trees shall be monitored by the Community Development Department. if the height, style or condition of the trees serves to lessen the visual mitigation of the communication facility, the Director may require that the trees be trimmed, altered, moved or replaced within thirty (30) days of notification from the Community Development Department to enSure that the facility will be screened by healthy trees of- comparable heights. 3.5 Maintenance and pruning of the live trees shall comply with the International Society of Arborculture (ISA) pruning practices. (4) 3.6 A six (6) foot eight (8) inch tall block wall enclosure shall be .installed around the wireless facility to prevent unauthorized access and visibility from any surrounding sites or public right-of-ways, subject to final approval of the Community Development Director. Access into the facility shall not encroach over any property line. Exhibit A- Resolution N~. Conditions of Approval CUP 99-012, DR 99-017 Page 4 ,14 *** 3.7 NOISE (1) FEES 4.1 (1) 5.1 The applicant shall prepare a preliminary report within 90 days of completion of the project demonstrating conformance with national standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be submitted to the Community DeveloPment Director. 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 the permit for the work is awarded or during progress of the work. 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. Ac Building plan check and permit fees to the Community Development Department based on the most current schedule. 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. ATTACHMENT C March 13, 2000 and March 27, 2000 Planning Commission Reports Report to the Planning Commission DATE' MARCH 13, 2000 SUBJECT: CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 APPLICANTS: SAUNDRA JACOBS SBA, INC. 3151 AIRWAY AVE., STE. #L3 COSTA MESA, CA 92626 SPRINT PCS 4683 CHABOT DRIVE SUITE 100 PLEASANTON, CA 94588 PROPERTY OWNER: DAVID FRENCH SNAPPLE 15201 WOODLAWN AVENUE TUSTIN, CA 92780 LOCATION: 15201 WOODLAWN AVENUE ZONING: pACIFIC CENTER EAST SPECIFIC PLAN (TECHNOLOGY CENTER) ENVIRONMENTAL- STATUS: APPROVAL OF THIS PROJECT WOULD BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; DENIAL OF THIS PROJECT WOULD BE EXEMPT PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHICH STATES THAT CEQA DOES NOT APPLY TO PROJECTS REJECTED OR DISAPPROVED BY A PUBLIC AGENCY REQUEST: AUTHORIZATION TO CONSTRUCT A MAJOR WIRELESS COMMUNICATION FACILITY RECOMMENDATION Pleasure of the Planning Commission. BACKGROUND The applicant is requesting approval to establish a major wireless communication facility for the Sprint PCS cellular communication network. The proposed facility is comprised of a unipole sixty (60) feet in height and related equipment located on the west (rear) side of an existing single story building. Pursuant to Tustin City Code Section 9276, any ground-mounted wireless communications facility located outside the public right-of-way Planning Commission Repo, CUP 99-012 & DR 99-017 March 13, 2000 Page 2 is considered a major facility subject to approval of a Conditional Use Permit by the Planning Commission. Tustin City Code Section 9276 includes development regulations related to screening and site selection for wireless communications facilities. The screening regulations require that facilities be located in areas that minimize their intrusion on the surrounding community. Ground-mounted facilities should only be located in close proximity to existing above ground utilities, such as electrical towers or utility poles. In addition, the site selection order of preference identifies that wireless facilities be primarily located on existing structures or secondarily be located where existing topography, vegetation, or other structures provide the greatest screening. As a last choice, facilities should be located on vacant ground without significant visual mitigation only in commercial and industrial districts. Further, the site selection criteria require applicants to provide written documentatien demonstrating a good faith effort in locating facilities in accordance with the site selection order of preference. The project site is located within the "Technology Center" zoning district of the Pacific Center East Specific Plan which provides for general research and development, light industrial, and accessory office and commercial uses. Surrounding uses include a vacant parcel, Del Amo Avenue ~nd the SR-55 Freeway to the west and commercial and office uses to the east, north and south (see Location Map - Attachment A). There are no other major wireless communication facilities in the immediate vicinity. Project Description The facility is proposed to be located on the west side (rear) of a building occupied by Snapple. The monopole would be situated approximately eleven (11) feet west of the rear building wall and fifteen (15) feet from the rear property line (see Submitted Plans - Attachment B). The facility would be 800 feet west of the Woodlawn Avenue right-of- way. The sixty (60) foot tall unipole would accomodate six (6), 56 inch long vertically. attached antenna panels. The maximum height allowed in the Pacific Center. East Specific Plan area is 50 feet. However, TCC Section. 9276(I) allows consideratiOn of wireless facilities that exceed the maximum height permitted within a zoning district by up to ten (10) feet. The equipment necessary for operation of the facility would be located at the base of the monopole in a 615 square foot lease area. The applicant proposes to use a'portion of the existing' eight (8) foot high chain link fence along the property line and new sections of eight (8) foot chain link fencing to enclose the monopole and equipment. Access to this area would be provided by a new gate in the existing chain link fence which would require access from the railroad right-of-way. Site Selection Justification Attachment C contains the applicant's rationale for the proposed facility and documents their efforts to comply with the Site Selection Order of Preference for wireless communication facilities (TCC Section 9276). The proposed project location is desired by the applicant to provide better coverage for users living or working in the surrounding area and to mobile users traveling the SR-55 Freeway and nearby roadways. The Planning Commission Re[. CUP 99-012 & DR 99-017 March 13, 2000 Page 3 coverage in this area is currently weak and the applicant has received complaints of dropped calls from customers. Attachment D contains the applicant's radio frequency analysis of the proposed facility. Based on the analysis, the antennas need to be mounted at a height of 57 feet and 11 inches to achieve optimal signals. Map 3 shows the signal strength, or coverage, of a sixty (60) foot tall facility and Map 4 shows the coverage of a forty-five (45) foot tall facility. The taller facility would provide more. "In Building" coverage than the shorter facility (shown in green on the maps). The "In Vehicle". coverage (shown in yellow) does not differ widely between the two heights. According to the applicant, the 60 foot facility would provide the most efficient coverage for the area. Given the average thirty (30) foot height of buildings within the project vicinity, one building mounted facility would not provide sufficient coverage. Although two or more building-mounted facilities could provide sufficient coverage, the applicant wishes to pursue one ground mounted facility since it would be more cost effective. Project Alternatives The unipole shown in the submitted plans (Attachment B) is the applicant's preferred project (Alternal!ive 1). However, the applicant has also provided altemative photOgraphic rendersings that would disguise the facility as a palm or pine tree within a cluster of shorter trees for the Planning Commission's consideration (Alternative 2). The height of the cluster of trees would need to be maintained below the antennas to prevent interference caused by the leaves. Attachment E includes photographic renderings of the unipole, monopaim and monopine alternatives from five vantage points: 1) the view facing east on Del Arno Avenue (which would also be the same view from the SR-55 Freeway); 2) the view facing north from Valencia Avenue; 3) the view facing west from Santa Fe Drive and Woodlawn Avenue intersection; 4) the view facing south from the adjacent parking lot; 5) the view facing sOuthwest from Woodlawn Avenue. These five perspectives provide the most common views of the proposed alternative facilities from the public right-of-way. DISCUSSION For wireless communication systems to provide sufficient service,'a number of facilities must be located within a service area and mounted above the ground to overcome topographic constraints. As a result, the primary issues associated with wireless communications facilities are the potential for overconcentration and visual intrusion. The proposed facility would be visible from public view on Valencia and Del Arno Avenue right- of-ways and the SR-55 Freeway. GiVen the pOtential adverse visual intrusion of a unipole facility, staff does not support the proposed unipole (Alternative 1). However, a stealth facility constructed as a monopalm or monopine located in a cluster of trees (Alternative 2) may be lesS visually intrusive. Altemative 1 The proposed unipole is the applicant's preferred alternative, however, it is located where there are no other structures, utilities, or trees of comparable heights in the Planning Commission Rep(. CUP 99-012 & DR 99-017 March 13, 2000 Page 4 immediate vicinity. Other wireless facilities in the general vicinity are more effeCtive at minimizing their visual impact to the general public. Examples include: 1671 El Camino Real: A tower element on the Key Inn was increased to 47 feet in height to provide sufficient coverage while disguising the facility as a part of the building. 600 W. 6th Street: 550 W. 6th Street: The 60 foot tall monopole facility is surrounded by a number of trees that are the same height as the facility which diverts attention from the monopole. The 60 foot tall monopole facility is designed as a palm tree. To camouflage the facility, several live palm trees of similar heights are planted around the facility. The equipment at the base is enclosed within the adjacent self storage building to screen it from public view. 2721 Michelle Drive: The 60 foot tall monopole facility is located behind a eucalyptus tree' of a comparable height to the facility, thus screening if from view along the Santa Ana (I-5) Freeway. 36 Auto Center Drive: The 60 foot tall monopole facility at the Tustin Ranch Road/l-5 Freeway interchange is surrounded by light standards of similar heights. SR-22 Freeway/Main Street: The monopole at the Main Street/Glassell Street interchange is designed as a palm tree. To camouflage the facility, several live palm trees of similar heights are planted around the facility. The equipment at the base is screened by hedgerows along the freeway on-ramp. I-5 Freeway/Culver Drive: On the east side of the freeway, a tower that duplicates the design theme of the adjacent office building houses a stealth facility. I-5 Freeway/3effrey Road: A monopole facility is situated in front of a row of tall Eucalyptus trees and is visible from the freeway. However, the monople is painted forest green and effectively blends into the row of trees. Unlike these examples, the proposed unipole would be visible from Valencia, Del Amo Avenue, and the SR-55 Freeway due to the lack of screening materials, buildings, or landscaping. The photographic renderings demonstrate that the height of the proposed unipole in contrast with the lack of adjacent buildings or vegetation of similar heights Planning Commission Rep¢ CUP 99-012 & DR 99-017 March 13, 2000 Page 5 would have a negative visual impact. The potential visual intrusion of the unipole is not consistent with the screening requirements for wireless communication facilities and would be a detriment to the surrounding area. Altemative 2 The applicant has provided two altematives to the preferred unipole to minimize the visual impact of the facility; 1) a grouping of a monopalm and two palm trees; and 2) a grouping of a monopine and two pine trees (Attachment E). Staff recommends consideration of the following modifications to these alternatives: A. The monopalm facility could be clustered with two living trees on each side of the facility (total of five trees). The trees should be the same type of palm tree as the wireless facility and.approximately the same height as the facility at the time of planting. Bo The monopine facility could be clustered with two artificial pine trees and two living trees of a different species such as eucalyptus trees. Installation of mature living pine trees would not be feasible given the limited amount of space and the large root system of mature pine trees. The artificial trees should simulate the same type of pine trees as the wireless facility and be of a similar height with branching to the ground. Two additional living trees would unify the appearance of the simulated and living vegetation. 'C. The monopalm or monopine facility could also be clustered with a variety of living tree species (total of four living trees). Eucalyptus trees thrive in a limited amount of space and achieve heights comparable to the proposed facility. If the Planning Commission is inclined to approve one of these altematives (A, B, or C),. staff recommends the following conditions of approval in Resolution No. 3714: Condition No. 1.9: This condition would ensure that any future facilities south of the I-5 and east of SR-55 would be building mounted rather than ground mounted. The intent of this condition is to prevent overconcentration of monopoles and encourage building mounted facilities. The applicant would be required to submit a master plan to the Community Development Department demonstrating that building mounted facilities could be developed to eliminate existing or future gaps in service. Condition No. 3.1: This condition is presented in three different versions to reflect the three options (A, B, or C) outlined above for the Planning Commission's consideration. In addition, this condition would ensure that the trees intended to screen the facility could be successfully integrated into the construction level plans (see- Attachment F for conceptual site plans). The applicant has Planning Commission Rep¢ CUP 99-012 & DR 99o017 March 13, 2000 Page 6 Condition 3.3' Conditions 3.4 and 3.5: Condition No. 3.6: indicated to staff that additional lease space could be obtained if the leased area does not provide the necessary space for a cluster of trees. If sufficient space for the facility and a cluster of mature trees cannot be provided, the applicant would be required to seek Planning Commission approval of any modification to the plans. This condition would require the applicant to maintain the artificial tree/monopole structure in good condition so that it continues to resemble a tree. These conditions would ensure that the trees that provide screening of the facility are maintained in a healthy condition and pruned in a manner which follows the International Society of Arborculture (ISA) pruning practices. This condition would require a six (6) foot eight (8)inch tall block wall instead of chain link fencing for the equipment enclosure. This would enhance the .appearance of the facility and screen equipment from view. In addition, the condition would require the applicant to take access to the facility from the same property where the facility is located rather than the adjacent railroad right-of-way. ,~ Resolution No. 3714 denying Alternative 1 and Resolution No. 3714 approving Alternative 2 are included as Attachments G and H for the Planning Commission's consideration. Associate Planner Karen Peterson Senior Planner s:pcreptlcup99--012.doc Attachments: A - Location Map B - Submitted Plans C - Applicant's Site Selection Justification D - Radio Frequency Analysis E - Photographic Renderings of Unipo, le, Monopalm, and Monopine F - Conceptual Site Plans Illustrating Cluster of Trees G - Resolution No. 3714 -Altemative #1 H - Resolution No. 3714 - Alternative #2 i Report to the Planning Commission DATE: MARCH 27, 2000 SUBJECT: CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 APPLICANTS: SAUNDRA JACOBS SBA, INC. 3151 AIRWAY AVE., STE. #L3 COSTA MESA, CA 92626 SPRINT PCS' 4683 CHABOT DRIVE SUITE 100 PLEASANTON, CA 94588 PROPERTY OWNER: DAVID FRENCH SNAPPLE 15201 WOODLAWN AVENUE TUSTIN, CA 92780 LOCATION: 15201 WOODLAWN AVENUE ZONING: PACIFIC CENTER EAST SPECIFIC PLAN (TECHNOLOGY CENTER) ENVIRONMENTAL STATUS: APPROVAL OF THIS PROJECT WOULD BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; DENIAL OF THIS PROJECT WOULD BE EXEMPT PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHICH STATES THAT CEQA DOES NOT APPLY TO PROJECTS REJECTED OR DISAPPROVED BY A PUBLIC AGENCY REQUEST: AUTHORIZATION TO CONSTRUCT A MAJOR WIRELESS COMMUNICATION FACILITY RECOMMENDATION Adopt Resolution No. 3714 approving the construction ofa monopine 60 feet in height. BACKGROUND At the March 1.3, 2000 meeting the Planning Commission directed staff to revise Resolution 3714 approving a sixty (60) foot tall monopine major wireless communication facility. The modifications made to Resolution 3714 include the following: Planning Commission Rep( CUP 99-012 & DR 99-017 March 27, 2000 Page 2 Condition 1.6 has been modified to include a review of the Conditional Use Permit by the Community Development Director every five (5) years. Condition 1.10 has been added to mandate co-location of the facility by additional carriers. Finding No. 4 has also been added, which states that mandating co- location of the facility would avoid infiltration of additional major wireless communication facilities within the surrounding area. Condition 3.1 has been modified to identify that a sixty (60) foot tall monopine shall be located on the subject site with a cluster of six (6) additional live mature trees planted in the leased area and the monopine shall have a round trunk with artificial bark and full branching from top to bottom. Associate Planner s:pcrept/~apg~012resocont..doc Attachment A: Resolution No. 3714 Karen Peterson Senior Planner ATTACHMENT D March, 2000 and March 27, 2000 · Planning Commission Minutes MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 13, 2000 CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert ROLL CALL: PROCLAMATION' Chairperson Kozak, Bell, Davert, Kawashima and Pontious Presented to Kathy Martin, Recording Secretary, as she leaves service for the City of Tustin. PUBLIC CONCERNS: No Public Concems were expressed. CONSENT CALENDAR: 1. Minutes of the February 28.2000 Planning Commission Meetina. Commissioner Davert moved. Commissioner Kawashima, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: e Conditional Use Permit 00-004 a request to establish a contractor's office in an existing office building. The' project is located at 275 Centennial Way, Suite 211, within the First Street Specific Plan zoning district. APPLICANT: ORANGE COUNTY CONSTRUCTION AND MAINTENANCE PROPERTY OWNER: LARWIN. SQUARE, LLC. Recommendation That the Planning Commission adopt Resolution No. 3716 approving Conditional Use Permit 00-004. The public hearing opened at 7:08 p.m. Bradley Evanson, Assistant Planner presented the subject report. Planning Commission March 13, 2000 Page 2 · ~es e The public hearing closed at 7:10 p.m. Commissioner Davert moved, Commissioner Bell seconded, Resolution No. 3716 approving Conditional Use Permit 00-004. carried 5-0. to adopt Motion Conditional Use Permit 99-012 And Design Review 99-017 a request to construct a major wireless communication facility. The project is located at 15201 Woodlawn Avenue within the Pacific Center East Specific Plan (Technology Center) zoning district. APPLICANT: SPRINT PCS PROPERTY OWNER: DAVID FRENCH SNAPPLE RECOMMENDATION Pleasure of the Planning Commission. The public hearing opened at 7:11 p.m. Lori LUdi presented the subject report. Commissioner Davert aSked staff if the applicant could make do with a monopole of less than 60 feet and still have reasonably good coverage. · Lori Ludi replied that the radio frequency analysis indicated that 45 feet would be sufficient for vehicular use but not for use within a building and a 60 foot facility may leave gaps in coverage. Commissioner Davert asked if the applicant anticipated another structure. Lori referred that question to the applicant. Commissioner Davert noted that there are a number of buildings taller than the Snapple building and asked staff's opinion on the feasibility of using the Orange County Teachers Credit Union building for a roof mounted antenna. The Director responded that staff believes it would be possible and the applicant has not provided justification that it cannot be done and further noted other sites that use signs and relatively high buildings to accommodate cell sites. Chairperson Kozak stated that the Micro Center sign would be an excellent site. Planning Commission M~,,.,,es March 13, 2000 Page 3 Commissioner Davert stated that with the upcoming Tustin Legacy project he would like to see other options explored before committing to a 61) foot monopole. Commissioner Kawashima asked what the height restriction is for the Pacific Center East. The Director stated that the maximum height permitted in this district is 50 feet for buildings which is why an additional 10 feet for clearance was incorporated in the wireless ordinance. Commissioner Davert asked if two or more building mounts would provide the same coverage. Karen Peterson noted that the applicant's justification letter states that any antenna height of leSs than 60 feet may require the placement of two antenna locations to cover .the signal requirements for the area. Commissioner Davert stated that the Planning Commission could suggest two well- screened antennae as opposed to one monopalm. The Director responded that the COmmission could request that and noted that several other carriers' have done that. She further noted that the ordinance incorporated approval of stealth facilities at the Zoning Administrator level for ease of development. Chairperson Kozak noted that the Commission has to take potential developments at Tustin Legacy into consideration. . Saundra Jacobs,' Sprint representative, thanked Lori Ludi and Karen Peterson for their hard work and assistance through the application process. She stated that the proposed antenna is in response to very poor cellular coverage in the area of the 55 freeway, Redhill and Edinger Avenue. She noted that Sprint reviewed several potential site candidates and chose this property owner because he was a willing lessor, agreed to the lease rate that Sprint budgeted for, and lastly there is enough physical space for the equipment. She asked for the Commission to approve a standard antenna because it is conducive to co-location and the tree poles are not conducive to collocation. She thanked the Planning Commission for their time. - Chairperson Kozak stated his appreciation for comments regarding alternatives and stated his preference for a multiple building alternative. Saundra Jacobs, Sprint representative, stated that the site acquisition personnel looked at various buildings in the area and this was the best alternative. Chairperson Kozak asked the applicant for assistance in reading the graphical depictions of coverage and drop areas. Kathleen Abola, radio frequency engineer for Sprint, stated that map 1 shows the current cell sites and green and yellow is vehicle coverage level; map 2 shows the same area Planning Commission, March 13, 2000 Page 4 with two additional cell sites that are being added to show what they will cover; map 3 shows the same area with the requested at 60 feet; and map 4 shows the same area with the facility at 45 feet. She noted that the system is very dynamic and coverage changes according to how many people are using their phones. She further noted that if the pole is approved for only 45 feet, the coverage gets smaller and the site would have to be revisited. Commissioner Davert asked staff how much the FCC limits what the City can do. The Director stated that the City may not ban the technology they are proposing which is why the ordinance identifies site location criteria..The City does have the discretion to regulate location and what the facility looks like. She further noted that five years ago it was not possible to do a monopalm or building mounted, otherwise monopoles would be located throughout the community. Commissioner Pontious stated that she cannot support a monopole and believes it is unfortunate that. once an acceptable location was found, the applicant did not review alternative mounting locations. She further stated that she would be more inclined to approve a monopine since there have been problems with keeping the palm trees alive in other locations. Chairperson Kozak asked Commissioner Pontious if her recommendation would be for 60 feet or lower. Commissioner Pontious responded that she is willing to approve the 60 foot proposal because of the possibility of having more poles at the 45 foot height. Commissioner Davert stated his first preference would be something that is building mounted but noted that he does find the applicant's justification compelling: He stated he is very concerned about the impact on surrounding community particularly with the Tustin Legacy project. He stated that he would be willing to approve a monopalm with a round trunk. He further noted that the project site has rusty fumiture and garbage all over and asked if the property owner could be encouraged to clean up the site. Commissioner Bell stated that she would also prefer a roof mounted facility but given the choice between a palm or a pine she feels the pine blends in better with the existing landscaping. She also encouraged the applicant to look at other locations. Commissioner Kawashima stated he would be willing to approve a monopine at 60 feet. The Director stated that she believed the applicant did not explore the possibility of a 45 foot screen on top of a 30 foot building but staff would not likely recommend approval. Commissioner Davert noted that, to be fair to the applicant, this was the one property owner they were able to come to terms with. Planning Commission Mi~,~,,es March 13, 2000 Page 5 Seline (incomprehendable), a representative from Sprint, noted that the search for buildings is left to the site acquisition personnel to negotiate with landlords who are responsive to their needs. He further stated that it is not a case of not investigating other sites since the search has been going on for a year and they have been looking in that area extensively. He noted that there are technical restrictions in terms of power loss and requirements for this type of equipment. Chairperson Kozak stated that he did not see the difference in the cable run for a 60 foot above ground antenna and a 30 foot building because it is still 60 feet above ground level. Seline (incomprehendible) stated that the underground structural engineers would not approve an extension at a maximum 50 feet above roof line even if the landlord was willing. Commissioner Davert asked if the applicant would be lowering antennas in the future. Seline stated that they probably wouldn't lower antennae but adjust specific antennae. Commissioner Davert asked staff aboUt the conditions that would limit the applicant. The Director noted that Condition 1.6.would allow her to re-reView the project in 2005 in the event that technology exists to bring down the height but would require Council approval; Condition 1.9 would limit the overconcentration of their facilities in this area which would mandate a building mounted facility in the future; and, she noted that other carriers' technology may allow them to collocate on stealth facilities' and a condition could be included that would mandate that at a fair.market rate. Commissioner Pontious asked if Condition 1.6 could be amended to indicate review every five years after. The Director stated that the condition could be modified as such. Chairperson Kozak asked staff if they had any information about future development plans for the vacant property between the Snapple building and Del Amo. The Director responded that City is undertaking the development of the Newport Avenue extension and the reconfiguration of the offramps in that area. As part of the public improvements, the undergrounding of Edison trunklin'es that are going through there is being considered. Chairperson Kozak stated his concem about the effect of a 60 foot cell site on the Tustin Legacy and any development proposals for the vacant property. He stated his preference for a roof-mounted altemative and his concern about setting a precedent by going above 50 feet. He further stated he would be more in favor of a palm tree rather than a pine but would not like either at 60 feet. Planning Commission rv .... utes March 13, 2000 Page 6 Commissioner Davert asked the Director if there is a 50 foot limit on the height of the antenna. The Director responded that there is a 50 foot height limit on buildings but the wireless ordinance allows an additional 10 feet in height for an antenna. Commissioner Davert asked if a 50 foot building were constructed on the vacant lot what affect that would have on the cell site and what the applicant would do in that situation. Saundra Jacobs, Sprint representative, stated that if the antenna were 60 feet high and the building were 50 feet high there would be no affect on coverage. She further noted that she brought samples of the fake pine branch and trunk and noted that they can now be made round and the carrier guarantees to the landlord the site will be kept working and in good order. Commissioner Davert noted the staff recommendation of Pleasure of Commission and asked staff has a recommendation after examining the issue. The Director stated that staff does not feel that all options have been exhausted which is why a resolution of denial has been presented. She stated that the decision was up to the Commission and if they are inclined to approve a palm or pine monopole, staff would recommend continuing the hearing for. two weeks to allow staff to modify the resolution. Commissioner Pontious stated she is pleased' that the cell site will not be impacting residential areas as in the past. Commissioner Davert stated he did not wish to be unbusiness friendly but did not wish to see cell sites continue to proliferate. · Chairperson Kozak stated that the Commission is going to see more requests of this kind. Commissioner Davert stated that he accepts the applicant's justification for 60 feet height but he prefers a stealth site. The Director stated that the Commission can take action this evening and direct staff to prepare a resolution of approval. Commissioner Davert mOved, Commissioner Pontious seconded, to approve the project and directed staff to prepare a resolution of approval to reflect the Commission's direction, Saundra Jacobsl Sprint representative, noted that the additional living trees have to be shorter than the antenna. The Director noted modifications including requirement for collocation and lowering facility if technology exists. Planning Commission March 13, 2000 Page 7 Chairperson Kozak stated that the pole should be round. The applicant responded affirmatively. Commissioner Pontious thanked the applicant for the excellent graphics that were provided. , Commissioner Davert asked if the property owner could be encouraged to clean up the property. The public hearing closed at 8:17 p.m. REGULAR BUSINESS No Regular Business STAFF CONCERNS: 4. Report on Actions taken at the March 6, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development 5. Summary of Proiects Presentation: Karen Peterson, Senior Planner Commissioner Bell moved, Commissioner Pontious seconded, to receive and file. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Bell Wished Kathy good luck. · Congratulated Commissioner Davert on the birth of his daughter. Commissioner Davert - Noted that the Baskin Robbins store closed and has been replaced with something else. - Stated that the public auto auction signs mentioned at the last meeting have been up for the last three weekends. He suggested that the City of Santa Aha code enforcement be enlisted to assist in the elimination of the signs. Planning Commission March 13, 2000 Page 8 Les The Director stated that staff contacted the persons placing the signs and they said they would not locate the signs in Tustin and staff will contact them again. Wished Kathy good luck and thanked her for her work for the commission. Commissioner Pontious - Wished Kathy good luck and fond farewell. - Congratulated Commissioner Davert on the birth of his daughter. Commissioner Kawashima Thanked Kathy for her work and congratulated her on her upcoming wedding. Congratulated Commissioner Davert on the birth of his daughter. 'Noted that the roller rink on Walnut Avenue closed down. Karen Peterson noted that the dnk was sold to another owner but will continue to operate. Chairperson Kozak · - Asked for the status of the'quick lube on Newport Avenue. The Director stated that the project is moving along and going through the plan check process and is close to getting building permits. - Asked if staff could provide public works improvements on the project summary report in the future. The Director responded that staff will add that information as an attachment to the reports. - Thanked Kathy for her work and support of the Commission. ADJOURNMENT: Commissioner Pontious moved, Commissioner Kawashima seconded, to adjourn the meeting at 8:30 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on March 27, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 27, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kawashima ROLL CALL: Chairperson Kozak, Bell', Davert, Kawashima and Pontious PUBLIC CONCERNS: No puSlic concerns were expressed. CONSENT CALENDAR: 1 Minutes of the March 13. 2000 Planning Commission Meeting. Conditional Use Permit 99-012 and Desiqn Review 99-017 a request to construct a major wireless communication facility. The project is located at 15201 Woodlawn Avenue, within the Pacific Center East Specific Plan (Technology Center) zoning district. The Director noted for the record that the applicant was not present and that the applicant would be notified of the appeal period. Commissioner Davert moved. Commissioner Pontious seconded, to approve both items on the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 3~ Conditional Use Permit 00-002 a request to modify the shared parking program to allow the establishment of a fifty (50) seat restaurant within an existing retail commercial center. This project is located at 13771 Newport Avenue, #12 within the Planned Community Commercial (PC-Comm) zoning district. , APPLICANT/: PROPERTY OWNER: TUSTIN PLAZA CENTER, LP ATTN: SCOTT FRASER Recommendation That the Planning Commission adopt Resolution No. 3720 approving Conditional Use Permit 00-002. ' Planning Commission iv,,,~utes March 27, 2000 Page 2 The Public Hearing opened at 7:02 p.m. Bradley Evanson, Assistant Planner presented the subject report. The Director recommended modifications to Condition 3.2 so the applicable laws at the time of the application will apply. Commissioner Pontious moved, Commissioner Davert seconded to adopt Resolution No. 3720 approving Conditional Use Permit 00-002 modified ~-s follows' Condition 3.2 should read "No outdoor seating shall be permitted unless a separate Conditional use permit is approved consistent with the then current. provisions of the Tustin City Code." Motion carried 5-0. The public hearing closed at 7:06 p.m. m Conditional Use Permit 99-025 a request to allow the stockpile of quarry rock on private property. This project is located on the southwest corner of Harvard Avenue and the OCTA/SCRRA railway. This project is within the Public and Institutional (P & I) zoning district. APPLICANT: COUNTY OF ORANGE, PUBLIC FACILITIES AND RESOURCES ATTN: DALE DILLON PROPERTY OWNERS: Recommendation THE IRVINE COMPANY That the Planning Commission adopt Resolution No. 3718 approving an amendment to Conditional Use Permit 99-025. The Public Hearing opened at 7:07 p.m. Lori Ludi, Associate Planner presented the subject report. Commissioner Davert suggested adding ian'guage that would allow Zoning Administrator to grant another extension should one be necessary. The Director stated that the Condition actually allows the applicant an additional 90 days subject to review and approval by the Community Development Director, versus having to go to the. Zoning Administrator. The Director proposed changing the conditions to allow for a time extension of 120 days beyond August 31, 2000. Commissioner Davert Resolution No. 3718 follows: moved, Commissioner Pontious seconded, to adopt approving Conditional Use Permit 99-025 modified as Planning Commission March 27, 2000 Page 3 Condition 2.2 should read "...An extension up. to 120 days may be granted subject to review and approval by the Community Development Director." Motion carried 5-0. The Public Hearing closed at 7:12 p.m. REGULAR BUSINESS General Plan Conformity Determination a request to determine that the proposed location for lease of a 950 square 'foot area for counseling services at C.E. Utt School is in conformance with the Tustin General Plan. The project is located at 13601 Browning Avenue within the Public and Institutional (P & i) zoning district. APPLICANT: PROPERTY OWNER: COUNTY OF ORANGE HEALTH CARE AGENCY TUSTIN UNIFIED SCHOOL DISTRICT Recommendation That the Planning Commission adopt Resolution No. 3719 determining that the proposed location for lease of a 950 square foot area located at C.E. Utt School for physical and occupational therapy services for physically disabled school age is in conformance with the Tustin General Plan. Commissioner Davert moved. Commissioner Pontious seconded, to adopt Resolution No, 3719 determining that the proposed location for lease of a 950. square foot area located at C.E, Utt School for physical and occupational therapy services for school age children is in conformance with the Tustin General Plan, Motion carried 5-0, STAFF CONCERNS: 6. Report on Actions taken at the March 20. 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development In response to a question raised by the Commission, Director explained Fee Weaver policy which was established about three years ago, to encourage development in the Old Town area. Planning Commission Iv, March 27, 2000 Page 4 COMMISSION CONCERNS: Commissioner Davert Thanked staff for distributing a copy of the Tustin Legacy RFP. Thanked staff for their efforts in eliminating auto auction flyers. Commissioner Pontious - Thanked staff for prompt graffiti removal on Nisson Road. ChairDerson Kozak Thanked staff for prompt graffiti removal on Holt Avenue and noted that the contractor did a good job. Suggested that staff contact the management company of Tustin Plaza to encourage employees to park in the rear of the center. The Director indicated she would contact Tustin Plaza and noted there were no current parking problems ADJOURNMENT: Commissioner Davert moVed. Commissioner Pontious seconded, to adjourn 'the meeting at 7:25 p.m. Motion carried 5-0. An informational workshop on the Tustin Legacy is Scheduled for 6:15 prior to the 7:00 p.mo meeting. The next regular meeting of the Planning Commission will be held on April 10, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ATTACHMENT E Letter from applicant, dated April 13, 2000 April 13, 2000 VIA FAX Ms. Karen Paterson Senior Planner Ms. Lod Ludi Associate Planner Community Development Department City of Tusfin 300 Centennial Way Tustin, CA 92780 Re: Resolution No. 37~14 Conditional Use Permit 99-012 Design Review 99-017 Sprint PCS Antenna OG03XC165A 15201 Woodlawn Avenue City of Tustin, Orange County, California Dear Ms. Peterson: S~A inc., on behalf of Cox PCS Assets (Sprint PCS), respectfully requests the Tustin City Council consider our request for clarification and recommendation on Condil:ion of Approval number 1.11 for Resolution No. 3714. The condition currently reads as follows: The owner shall bring the properly into compliance with the City's Properly Maintenance Ordinance prior to the issuance of a building permit_ Said properly shall be maintained in a manner to ensure compliance wi~h the Property Maintenance Ordinance. While Sprint PCS wishes to comply with all'conditions of approval required by the City, the enforcement mechanism of the condition by Sprint, to the property owner, is unclear. Spdnt is more than willing to clean up any and all debris that may be present in the antenna construction and conditioned landscape area, and is willing to maintain the lease area in a clean and orderly fashion for the duration of the lease. However, in order to comply with the above condition, Sprint proposes the following changes: 1) Sprint will clean any an all debris from the antenna construction and landscape area at the time of construction, rather than prior to issuance 'of the building permit; and 2) Sprint will notify the owner in writing, copied to the City of Tustin, of any non-compliant property maintenance issues observed at the time of construction, and as may be observed dudng subsequent maintenance of the facility (usually quarterly or semi-annually). SBA, loc. · Wireless (omm~lticitiotts COBsultIBts ~IIA, IRc. · 3151 Alrwly Avenue · Suite L-3 - Costl Hess, C~ 9Z6~6 ,..,=Pr 1 P2 F2~I E, FC C~JLTAI'ITS PHOI'IE I~10. · 714 581 257'7 Apr.. 17, 20~cJ cJ3:c''-' ' . .... Sprint proposes that the written owner notification serve as our compliance to the above condition. We look forward to discussing this further with the .City Council at the May 1, 2000 hearing. Should you have any further questions, please contact me at (949) 599-2039. Respectfully submitted, SBA, Inc. Saundra Jacobs Zoning Specialist Debbie Bond - SBA, Inc. Jenna Harrison- Sprint PCS ATTACHMENT F Submitted Plans kl.! ii ~v I 'x N. / / / / / / / / / / / / / / ,f , , , il~tlil ~i-iF1 / ATTACHMENT G Location Map ! t 1 LO( .TiON MAP,/ ? / CdP Rol-o~2. · EOmQ~l AV~4U~ ~ I 1~5201 ~O0'D LAWN NO SCALE ATTACHMENT H Site Selection Justification from Applicant SBA February 23, 2000 Ms. Karen Peterson Senior Planner Ms. Lori Eudi Associate Planner Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Conditional Use Permit99-012 Design Review 99-017 Spdnt PCS Antenna OG03XC165A 15201 Woodlawn Avenue City of Tustin, Orange County, California Dear Ms. Peterson: SBA Inc., on behalf of Cox PCS Assets (Spdnt PCS), respectfully submits the following antenna location and height justification, and photo simulations as requested. Additional specific Radio Frequency information, include the requested Drive Test information, will be submitted under a separate cover. BACKGROUND PCS is a rapidly evolving digital technology that is expected to change the future of telecommunications through easy-to-use, lightweight and highly mobile communications devices including: portable phones, pagers, computers, and personal digital assistants. PCS will provide voice and data capabilities for customer's communications needs virtually anywhere and at anytime. The system that Spdnt will be using involves a technology known as Code Division Multiple Access (CDMA). The benefits include a six-fold increase in channel capacity, call privacy and security, and improved voice quality. PCS will also serve to enhance personal safety and security. With the PCS network in place, individuals will have the ability to communicate dudng periods of discontinued electrical service and/or when circumstances preclude them from utilizing a conventional phone. PROJECT OVERVIEW The project consists of the installation and operation of a 60-foot monopole mounted antennas and associated equipment cabinets for Sprint Spectrum's Personal Communication Services (PCS) wireless telecommunications netwOrk. A total of six antennas are proposed at this site. The equipment will be located at ground level directly adjacent to the monopole. The approximate lease area is 615 square feet. SIVA, Inc. · Wireless Communications Consultants SBA, Inc. · 3151 Airway Avenue ° Suite L-3 · Costa Hesa, CA 92626 Telephone: (7iL,) 557-6052 · fax: (71~) 557-6Z~9 d/bin ia the State of Calitornia as SBA Consulting S~rvices, Inc. Equipment Cabinets: The BTS units are proposed to be located immediately adjacent to the monopole. The equipment cabinets include five Base Transceiver Stations (BTS), with dimensions of approximately 2'-6" wide by 5'-6" high by 2'-6" deep, one meter pedestal approximately 5' high, one emergency generator receptacle, and two service lights, all located on a concrete foundation of approximately 8 inches in thickness. Minimal grading will be required to establish a fiat area for the foundation. As required by the City, the equipment units will be enclosed by a concrete block wall. Access to the equipment will be gained through a four-foot wide chain link gate. All .utilities will be under-grounded. Coaxial cables associated with the Sprint lease area are housed in a cable tray and are located between the equipment cabinets and the actual monopole. These cables are not public utilities. The equipment cabinets, cable tray and monopole are completely fenced and not accessible to non-Sprint personnel. No "trip-and-fall" risks exist outside of the lease area associated with the Sprint equipment or easements. Antennas: Three antenna sectors (80 degrees, 210 degrees and 310 degrees), each with two panels, will be installed at 57 feet above the ground on the proposed monopole. The total height with antennas will be 60 feet. Each antenna, measured at approximately 48" long, 8" wide and 2.75' deep, is capable of transmitting and receiving signals. Height Justification The site has been approved by Sprint technical staff responsible for the design and operation of the PCS network.. Radiofrequency (RF) engineers have conducted a technical analysis of the site, and determined the necessary height and orientation of the antennas for ensuring adequate signal coverage. Based on RF analysis and testing, RF engineers have concluded that the proposed tower mounted antennas need to be installed at a height of sixty (60) feet in order to'achieve the network's signal requirements. The total height of the pole and antennas will not exceed 60 feet. Additional Heiqht and Location Justification Additional height and location justification will be submitted to the City under separate cover and will include the "Drive Test" exhibits which indicate the need for the antenna in this area, as well as the height required. The currently proposed 60-foot antenna does not completely fulfill the needs of the signal coverage, and in fact a higher antenna would be required to fully achieve the network signal requirements. However, due to the zoning constraints on this property, only 60 feet is allowable under existing City of Tustin ordinances. Therefore, 60 feet'has been requested as part of our application. An antenna height of less than 60 feet may require the placement of two antenna locations in order to cover the signal requirements for this area. The RF information to be submitted will demonstrate the need for the proposed height of 60 feet and the possible need for two separate antennas should a lower height be required by the City of Tustin. SITE SELECTION' Sprint technicians, planning and leasing staff have been working to design the network of wireless interconnects throughout Southern California, including the City of Tustin. Like the existing cellular systems, Spdnt PCS will employ a network of transmitting/receiving station ("cell sites') that carry and "hand off" signals as the user moves from one area to another. As the user moves from one sell area (the area where the base station and antenna are located to receive and transmit calls) to the next, signals to and from the first cell site fade while those to and from the next cell site strengthen. Sophisticated computer systems sense these changes and automatically hand the signal off to an available channel as the user moves between cell areas. The network of PCS cell sites throughout the region is Iocationally dependent, meaning that there is a necessary and logical interrelationship between each cell site. Eliminating or relocating a single cell site can lead to gaps in the system or area where a continuous signal cannot be maintained.. Further, the elimination or relocation of a single cell site will most often have a domino effect on other cell site locations and necesSitate significant design changes or modifications to the PCS network. The FCC has licensed Spdnt to develop and operate a wireless communications network., in designing the PCS network, Spdnt has determined that the Snapple site at 15201 Woodlawn Avenue is necessary to ensure PCS network coverage for users living and working in the surrounding communities, and to mobile users traveling along the 55 Freeway, and nearby arterial highways. All Spdnt sites are chosen based on a number of factors including technical feasibility, a property owner's willingness to agree to acceptable lease terms, and planning/zoning consistency. Compliance with City Ordinance No. 1192 ' The following provides a description of the screening and site selection guidelines and the applications' compliance with these guidelines. Sprint compliance justifications have been boided. City of Tustin DeveloDment Criteria and Guidelines for Wireless Communication Facilities: Screening Cdteria and Guidelines: a) Wireless communication facilities shall have subdued colors and non-reflective materials which blend with surrounding materials and colors. A. The Sprint antenna has been Proposed as a "flush-mounted" standaione antenna which would be painted the same color as the existing building. At the City's request, Sprint will convert the flush-mounted pole to a tree pole if necessary, However, based on the photos simulations provided to the City, Sprint feels the flush-mounted pole is more compatible with the surrounding industrial area, Wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. Ground-mounted facilities should only be; located in close proximity to existing above-ground utilities, such as electrical tower or utility pole (which are not scheduled for eventual removal or under grounding), light poles, or trees of comparable heights. For building mounted facilities, all screening shall be compatible with the existing architecture, color, texture and or materials of the building. A. Sprint has relocated the antenna site to the northwest portion of the site and to the rear of the existing facility.. The photo simulations provided to the City show how the antenna will look from various angles around the , immediate area of the community. As indicated in the photo simulations there are numerous existing above-ground utilities which provide vertical elements in the immediate area. The adjacent industrial uses and railroad easement location also provide a compatible surrounding to the proposed antenna site. The relocation of the antenna facility to the rear of the property, behind the existing building and the existing landscaping in this area will assist in the screening requirements outlined in the City's Ordinance No. 1192. Additional landscaping will be proposed if necessary and as requested by the City. The new location also now meets the rear setback requirement of 10 feet and this dimension is depicted on plans submitted to the City. The previous location was located in the southwest corner, and visible from adjacent rights-of-way. As indicated in the previous site plan, the configuration of the lot resulted in the need to request a variance for the front and rear lot setbacks. The new location will not require the variance. Site Selection Order of Preference: a) Wireless communication facilities shall be located in the following order of preference: 1) On existing structures such as buildings, communication towers, church steeples, freestanding signs, and/or co-located on existing facilities. A. The existing building at 15201 Woodlawn Avenue is approximately 30- feet in height. Construction of a roof-mounted antenna would require an extension of 30-feet above the existing roofline in order to meet the coverage height of 60-feet. Installation of a 30-foot screen around the existing building top was not an acceptable alternative to the current building owner. B. The length that the coaxial cable can run between the antenna and equipment is a maximum of 200 feet before transmission signals begin to weaken (requiring more height), if the equipment were to stay in the currently proposed location, the cable run between the antenna and equipment would be exceeded by at least one set of antennas due to the size of the existing structure. Placement of the equipment on the roof is not structurally feasible for this building. C. Alternative Sprint locations reviewed by TDI Associates prior to the SBA inc. sUbmittal to the City included Kent Industrial USA, located at 1231 Edinger Avenue, in the City of Tustin. Based on review of this location, TDI Associates indicated that the zoning in this area was not compatible with the antennas height required by Sprint. This'alternative location was not re- reviewed by SBA. D. The building owner adjacent to Kent Industrial was contacted. However, after a site visit to this rooftop location, it was determined that there was not enough room for the Sprint equipment either on the roof or on the ground. E. The Tusfln Marine Air Station was considered at an alternative location. However, it was withdrawn by'Sprint and SBA until future development projections are made and reviewed. Future locations in the eastern portion of the base may be considered. F. The Tustin Centennial Park site, located north of Edinger Avenue and east of Redhill Avenue was reviewed as an alternative candidate. However, there was not enough room in the maintenance yard area for all of the Sprint equipment.: In addition, the immediately adjacent residences were considered and this site was withdrawn. G. A business at Edinger Avenue, west of Woodlawn was contacted but not interested in a Sprint antenna at this facility. H. A Pacific Bell Wireless building is located on Michelle Avenue, east of Tustin Ranch Road was contacted but not interested in another roof mounted carrier since their antennas were already on this building. !. Based on previous and recent field visits, there are no existing co- iocatable towers within Sprints necessary "search ring." J. Once an acceptable location was found, SBA did not review alternative roof-mount locations since the current landowner was willing to accept Sprints offer, in addition, there was enough room for all of Sprints equipment at this location. 2) In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. A. As indicated in 1. b) abOve, Sprint has relocated the antenna site to the rear of the existing building providing a partial screen from industrial uses to the north, south and east. The existing adjacent trees and landscaping also provide a partial vegetation screen. To the north of the site e.xists vacant and undeveloped property. In addition, there are numerous existing above-ground utilities which provide vertical elements in the immediate area. The adjacent industrial uses and railroad easement location also provide a compatible surrounding to the proposed antenna site. Additional landscaping will be proposed if necessary and as requested by the City. 3) On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. A. Although the proposed antenna location is not vacant property, there is vacant property to the west. The proposed location is within a generally light industrial area of the PC-Planning Community zoning. b) As part of the application process, applicants for wireless communication facilities shall be required to provide wdtten documentation demonstrating a good faith effort in locating facilities in accordance with the Site Selection Order of Preference. A. Please accept this correspondence as our written documentation of SBA's and Sprints demonstration of a good faith effort in locating our facilities in the City of Tustin. Should you have any further questions, please contact me at (949) 599-2039. Respectfully submitted, SBA, Inc. Saundra Jacobs Zoning Specialist cc: Debbie Bond - SBA, inc. ATTACHMENT I Radio Frequency Analysis Sprint Sprint PCS Memo "J'o', From: Re: Saundra Jacobs Kathl~n Abola Nina Stark, Debbie Bond, 165 Project File February 24, 2000 OG35XC165-A: Tustin Senior Planner's questions 'Fnis memo resaonds to the ques~ons asked by the City of Tustin's Planning Commission. OG165 is a ce!! site proposed by Spdnt PCS to filPin a weak coverage area in Tustin. This cell site's coverage objectives ("target") include "in-building" coverage to the businesses in Tustin around Hwy 55 and Red Hill Avenue, · Tus~n 'Hosp~l and enhanced coverage on Hwy 55, Edinger Ave., Red Hill Ave., Newport Ave. and Grand Ave. In addition, OG165 needs to offioad network traffic capacity from eight operational Spdnt PCS cell sites. To achieve the desired ;overage obj~:tives for OG165, the search area was centered at Hwy 55 and Red Hill. T'ne coverage in this area is currently very weak and there are a lot of dropped calls due to lack of coverage. Site OG165 is proposed as a sixty foot facility located at 15201 Woodlawn Avenue. This property has been chosen as i~ location enables it to achieve the coverage objectives. Tests have shown that this site location provides the required indoor coverage to the targeted Tustin Businesses. To provide quality in-building service, a cell site's radio signal has to propagate' and penetrate through vadous sec'Jons of the intended:target During propagation the radio signal experiences loss due to attenuation between floors and structures, which prevents the signal from having a direct path to the mobile. The attenuation varies with the rnatedal composition of the buildings and walls. As a result, coverage inside buildings is usually worse than · Page 1 Sprint PCS: Proprietary and Confidential OG35XC165-A Planning Comm memo outside. The proposed Spdnt PCS cell site at OG165 would be ideal to overcome the in-building penetration loss by virtue of the sites location which is very close to the target. Tests have also shown that the requested height of 60 fl is just sufficient to provide service to the identified weak areas. This height provides the least obstruction to coverage to the surrounding areas (buildings, stores and car parks). If the height of the structure is lowered, then the signal becomes subject to the obstructions in the area such as other buildings and trees. These cause shadowing and blocking and would make it d~lt to provide a basic level of service. The addition of cell site OG165 to the Tustin area will enhance the much needed coverage and capacity of the Spdnt PCS network in this area allow!ng for more calls to be made especially dudng "peak"1 hours when the areas of weak coverage open up to create holes. In addition, by being the dominant server to the Tustin area, site OG165 will allow customers to make quality calls indoors while offloading the traffic of the adjacent existing cell sites. Maps of the existing coverage, sites in the area and the predicted coverage for OG165 are enclosed. Two signal leve!s are shown in the coverage map; in building and in vehicle coverage. Please call if you have any questions. Thanks! Notes: 1. Actual c~ site cove.age may vary subject to network loading and antenna configuration. The plots are a snapshot of what the system looks like during regular 'off peak' hours. Coverage pa. ttems are dynamic and shrink by a percentage during 'peak' hours with an increase in call volume. Coverage plots shown reflect'areas that achieve the following CDMA criteria-- . In Building Mobile Receive of-80dbm or better · In Vehicle Mobile Receive of-93dbm or better · Frame Error Rate of 3% or better · Page 2 Sprint PCS. - Confidential OG35XC165-A Planning Comm memo ~:l l J: I I