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HomeMy WebLinkAbout08 CUP 99-012 DR99-017 05-15-00DATE: MAY 15, 2000 NO. 8 5-15-00 TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 SUMMARY: On May 1, 2000, the City Council directed staff to prepare a resolution of approval to establish a 60foot tall major wireless communications facility (Monopine) behind the Snapple building at 15201 Woodlawn Avenue within the Pacific Center East Specific Plan area. Resolution No. 00-27 has been prepared for the City Council's consideration. Applicant: Saundra Jacobs, SBA Inc. for Sprint PCS Owner: David French, Snapple RECOMMENDATION Adopt Resolution No. 00-27 approving Conditional Use Permit No. 99-012 and Design Review 99- 017. FISCAL IMPACT The applicant has paid application fees associated with the processing of the conditional use permit and design review. BACKGROUND The applicant is requesting authorization 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 27, 2000, the Planning Commission approved Conditional Use Permit 99-012 and Design Review 99-017. On April 3, 2000, the City Council appealed the Planning Commission's decision. On May 1,2000, the City Council considered the project and directed staff to prepare a resolution of approval incorporating their comments, concems and conditions. Resolution No. 00- 27 is attached for the City Council's consideration. i_~riVA.,l_-d~i ,, -v -- E-iizabeth A. Binsac~, Associate Planner Director, Community Development Attachments: Resolution No. 00-27 LL:Cup99012May15.doc RESOLUTION NO. 00-27 ]4 20 22 2.3 26 27 2S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 AUTHORIZING THE ESTABLISHMENT OF A MAJOR WIRELESS COMMUNICATION FACILITY AT 15201 WOODLAWN AVENUE. The City Council finds and determines as follows: A, B, Co D, Eo 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. Fo That the proposed facility is consistent with the requirements of Tustin City Code Section 9276 et seq., relating to wireless communications facilities. S. That public hearings were duly called, noticed and held on said application on March 13, 2000 and March 27, 2000 meetings by the Planning Commission. That on March .27, 2000, the Planning Commission approved Conditional Use Permit 99-012 and Design Review 99-017 by adopting Resolution 3714. That on April 3, 2000, the City Council appealed the Planning Commission's approval of the project. That public headngs were duly called, noticed and held on said appeal on May 1 and May 15, 2000 by the City Council at which time the City Council took action to uphold the Planning Commission's action on the project. 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: ]4 20 22 24 25 26 27 ReSolution No. 00-27 May 15, 2000 Page 2 1) 2) 3) 4) 5) 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 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. As conditioned, co-location of the facility shall be required for other carders at a fair market rate to avOid an infiltration of additional major wireless communication facilities within one hundred (100) feet of the facility. As conditioned, the applicant shall be required to lower the height of the facility or provide a building mounted stealth facility within five (5) years to eliminate negative visual intrusion of major facilities in an undeveloped area. ]2 ]4 20 22 23 24 25 26 27 28 29 Resolution No. 00-27 lvlay 15, 2000 Page 3 Ho 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 ordedy 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: . . , 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 cdteria as adopted by the City Council. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. J, 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. II. The City Council hereby upholds the Planning Commission's action approving Conditional Use Permit No. 99-012 and Design Review 99-017 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 15th day of May, 2000. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 (1) 1.7 EXHIBIT A CONDITIONS OF APPROVAL CUP 99-012 AND DR 99-017 MAY 15, 2000 The proposed project shall substantially conform with the submitted plans for the project date stamped May 15, 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 dudng 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 retum 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 May 15, 2005 and every five (5) years thereafter or sooner if deemed appropriate. The applicant shall submit plans lowering or providing a building mounted facility subject to review and approval by the Community Development Director prior to May 15, 2005. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM 'BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A - Conditions of Approval Resolution No. 00-27 CUP 99-012, DR 99-017 ~May 15, 2000 Page 2 (1) 1.8 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. (1) 1.9 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. Prior to the issuance of building permits, 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. (1) 1.10 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. (1) 1.11 The owner shall bdng the property into compliance with the City's Property Maintenance Ordinance pdor to the issuance of a building permit. Said property shall be maintained in a manner to ensure compliance with the Property Maintenance Ordinance. PLAN SUBMITTAL (1) 2.1 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 and 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. ~ (1) 2.2 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 pdor to any approval. Exhibit A - Conditions of Ap~,roval Resolution No. 00-27 CUP 99-012, DR 99-017 May 15, 2000 Page 3 (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 vadety 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 mon0pole 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 tdmmed, 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 shalI comply with the Intemational 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 - Conditions of Approval Resolution No. 00-27 CUP 99-012, DR 99-017 May 15, 2000 Page 4 The applicant shall prepare a preliminary report within 90 days of final inspection 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. If conformance with the national standards is not demonstrated within 90 days, the facility shall be shut down immediately. NOISE (1) 4.1 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and that public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 5.1 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. Ao 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 Califomia Environmental Quality ACt could be significantly lengthened.