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HomeMy WebLinkAbout01 WIRELESS COMM 10-07-02AGENDA REPORT NO. 1 10-07-02 ' . 800-80 MEETING DATE: OCTOBER 7, 2002 R = P TO: WILLIAM HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 02-005 (WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES) SUMMARY Code Amendment 02-005 (Ordinance No. 1260) is an amendment to Sections 9276b and 9276i of the Tustin City Code relating to Wireless Communication Facility Regulations and Guidelines to define the addition of stealth antennas to existing facilities as Minor Wireless Communication Facilities, which are subject to expedited review. On September 23, 2002 the Planning Commission considered Code Amendment 02-005 and recommended that the City Council adopt the amendment to the existing Wireless Communication Facility Regulations and Guidelines. RECOMMENDATION That the City Council take the following actions: 1. Adopt Resolution No. 02-92 adopting the Final Negative Declaration as adequate for Code Amendment No. 02-005; and, 2. Introduce and have first reading by title only to adopt Ordinance No. 1260 to amend Sections 9276b and 9276i of the Tustin City Code. FISCAL IMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through application fees identified in the general Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. BACKGROUND AND DISCUSSION On February 28, 1998, the City adopted the Wireless Communication Facility Regulations and Guidelines which became Section 9276 of the Tustin City Code. The purpose of Section 9276 is to regulate the establishment and modification of all wireless communication facilities on private properties to protect the Public health, safety, aesthetics, and quality of life of the community. Code Amendment 02-005 October 7, 2002 Page 2 of 4 Since the adoption, the City processed numerous wireless antennas throughout the City, which vary in size, design, and height. Stealth or slimline antennas that are integrated into the overall design of the existing poles or structures and do not extend beyond the height of the existing structures are unobtrusive and often unnoticeable (Attachment A- Photos of Stealth or Slimline Antennas). However, the current code classifies these types of facilities as major wireless communication facilities because they are either freestanding or exceed the maximum height permitted in the zoning district in which the facilities are located. As such, approval of a Conditional Use Permit through a public hearing process before the Planning Commission would be required. In contrast, a Design Review approval by the Director of Community Development or Zoning Administrator is required for minor wireless communication facilities such as minicells or antennas that are attached to a building or roof and are less than ten (10) feet in height. Code Amendment 02-005 would expedite the review process for unobtrusive antennas that would be located on structures that already exist. However, the development criteria and guidelines would remain the same for all wireless communication facilities regardless of whether they are classified as minor or major facilities. The criteria and guidelines include techniques to minimize visual impacts, including: screening, site selection order of preference, and Iocational guidelines. On September 23, 2002, the Planning Commission considered Code Amendment 02-005 and recommended that the City Council adopt the amendment to the existing Wireless Communication Facility Regulations and Guidelines to allow these types of antennas to be considered as "minor wireless communication facilities" and narrow the height standards to apply to a "major communication facility" only (Attachment B - Planning Commission Minutes and Resolution No. 3844). The specific amendments are described in detail in the next section. Proposed Amendments Proposed amendments are shown below. Also included are brief explanations for the proposed amendments. The definition of "Minor wireless communication facilities" in Section 9276b would be amended to state: "Minor wireless communication facility" means a wireless communication facility that: (1) Consists of a minicell; or Code Amendment 02-005 October 7, 2002 Page 3 of 4 (2) Consists of one or more stealth antennas mounted on an existing structure in a manner that does not extend beyond the height of such existing structure; or Section (2) would be added to the definition of "Minor wireless communication facilities" to allow stealth antennas to be attached to existing structures such as a light pole, flag pole, utility pole, etc. provided they are integrated into the overall design of the existing structures and do not extend beyond the height of the structures. (3) Is building- or roof-mounted and extends less than ten (10) feet in height beyond the top of the existing structure and does not exceed the maximum height permitted in the zoning district in which the facility is located. Section (3) would be amended to clarify that the height limitation of ten (10) feet is to be measured from the top of the existing structure. A new definition for "stealth" would be added to Section 9276b to read as follows: "Stealth antennas" means antennas and associated hardware that are concealed within or placed on the surface of an existing structure in a manner that such antennas replicate the features of the existing structure or are integrated into the overall design features of the existing structure so that they are not readily visible. To be consistent with the amended definition of a minor wireless facility, Section 9276i would be amended to state: i Height Standards for Wireless Communication Facilities No major wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. This amendment would specify that the height restriction would only apply to major wireless communication facilities such as new freestanding monopoles or building- or roof-mounted antennas that extend more than ten (10) feet above the top of the structure. This amendment would allow existing structure(s) such as light poles, utility poles, or flag poles that may exceed the maximum permitted height to host stealth antennas. Code Amendment 02-005 October 7, 2002 Page 4 of 4 ENVIRONMENTAL ANALYSIS A Negative Declaration has been prepared for Code Amendment 02-005 (Attachment C - Exhibit A of Resolution No. 02-92). The public review period was from August 29, 2002, to September 17, 2002, and no public comments were received. Since the proposed code amendment would not result in any significant impacts to the environment, no mitigation measures are necessary. J~s~n~ ~/illkom Associate Planner Elizabeth A. B~nsack Community Development Director Attachments: A, B. C. D. E. Photos of Stealth or Slimline Antennas. Planning Commission Minutes and Resolution No. 3844. Resolution No. 02-92. Ordinance No. 1260. Tustin City Code Section 9276 (with proposed amendments). ATTACHMENT A Photos of Stealth or Slimline Antennas 12850 Robinson (Tustin Sports Park) 'rst PCS Facility APN 402'181-.5 ~v0 W. 1st Street, Tustin, CA 92780 Photo' View #1 View of the site looking North from south end of lot. Photo View #2 View of the site looking North at base of sign. ATTACHMENT B Planning Commission Minutes of September 23, 2002 and Resolution No. 3844 DRAFT ITEM :/¢1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 23, 2002 7:02 p.m. Given All present Staff present None Approved Adopted Resolution Nos. 3843 and 3844 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Karen Peterson, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - SEPTEMBER 9, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Denny, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: , CODE AMENDMENT 02-005 (VVlRELESS COMMUNICATION FACILITIES) TO MODIFY THE DEFINITION OF A "MINOR WIRELESS COMMUNICATION FACILITY" TO INCLUDE STEALTH ANTENNA(S) THAT ARE BUILDING OR ROOF MOUNTED ON AN EXISTING STRUCTURE WHICH DO NOT EXTEND BEYOND THE HEIGHT OF THE EXISTING STRUCTURE ON WHICH THE FACILITY IS LOCATED, ADD A DEFINITION FOR A "STEALTH" FACILITY, AND AMEND SECTION 9276(i) TO CLARIFY THAT THE HEIGHT OF A MAJOR WIRELESS COMMUNICATION FACILITY MAY NOT BE MORE THAN TEN (10) FEET ABOVE THE MAXIMUM HEIGHT PERMITTED IN THE Action Agenda - Planning Commission September 23, 2002 - Page 1 7:05 p.m. Willkom Director Kozak Denny Willkom Denny Willkom ZONING DISTRICT IN WHICH THE FACILITY IS LOCATED. RECOMMENDATION: . That the Planning Commission adopt Resolution No. 3843 recommending that the City Council adopt the Negative Declaration as adequate for Code Amendment No. 02-005; and, That the Planning Commission adopt Resolution No. 3844 recommending that the City Council adopt Code Amendment No. 02-005 to amend Sections 9276b and 9276i of the Tustin City Code. The Public Hearing opened. Presented the staff report. Added there were several issues of concern with industry representatives regarding the comprehensive wireless communications Ordinance when it was originally adopted; in general, wireless facilities such as monopoles have been viewed negatively especially due to the 65-foot height requirement; there are other poles, such as light standards and other necessary facilities, on which wireless facilities can be mounted and remain unobtrusive; the industry is now working cooperatively with the City toward more stealth facilities; staff would like to facilitate applicants' ability to do so. Indicated his agreement with the Director's comments; and, noted this amendment will communicate the City's preference for these types of stealth facilities and provide incentive for applicants to use these kinds of facilities and receive the benefit of an accelerated staff level review. Asked if these facilities will come before the Planning Commission only when proposed in residential zones. Stated that major wireless facilities will require a Conditional Use Permit and a public hearing, including properties that are zoned residentially but not developed as a residential property. Asked for clarification regarding minor wireless facilities. Answered that minor wireless facilities when not located in a residentially zoned district do not require a public hearing but will go through the design review process. Action Agenda - Planning Commission September 23, 2002 - Page 2 DRAFT Denny Director Peterson Director Kozak Willkom Kozak Willkom Kozak Willkom 7:17 p.m. Asked if adding the definition of a stealth facility will speed the process and/or more fully clarify the definition of a minor facility. Stated the definition will clarify and expedite the process, because staff will perform the design review at the staff level; such approval would be appealable to the Planning Commission if an applicant or other individuals wished to do so. Added the definition adds flexibility such as allowing stealth antennas on facilities that would exceed the height limit in certain districts. Noted that, when staff receives a design review application, staff works with the applicant; if staff feels the application can be supported, that would be done at the staff level; if an individual submits a design review which staff cannot support, staff would defer that application to the Planning Commission. Offered further clarification that sites within residentially zoned districts would be brought before the Planning Commission; and, asked what effects this amendment would have on the ground- mounted equipment, switching gear, cabling, etc., or if this will be addressed in a separate section of the wireless communications code. Asked if Chairman Kozak was referring to the accessory equipment. Stated his reference was to the small building that houses the switching equipment; referred to other applications where the pole- or building-mounted antennas 'were fine but variances were required for the ground-mounted building. Indicated the criteria for locating power supply cabinets or accessory equipment related to the antennas are included in the existing regulations; through the design review process, staff would look at the location to be sure the criteria is met regarding screening, color, landscaping, etc. Asked if this Code Amendment is adding types of antennas that will also be analyzed and another Code section deals with the accessory power supply cabinets. Responded in the affirmative. The Public Hearing closed. Action Agenda - Planning Commission September 23,' 2002 - Page 3 DRAFT Hamilton Director Hamilton Peterson Director Adopted Resolution No. 3845 7:22 p.m. Holland Action Asked what prevents a carrier from coming before the Planning Commission and asking to go 10 feet above a telephone pole that would be visible; and, asked if other sections prohibit such a request. Responded such a request would constitute a major facility and would require a Conditional Use Permit and Public Hearing before the Planning Commission. Asked why the 10-foot requirement is included. Stated the first reference to 10 feet is under the definition of a minor wireless facility which already exists in the Code; staff felt that anything less than 10 feet above the top of the structure could be construed as a minor facility if properly screened; the other section is under the height standard for the major wireless facility where the 10 feet relates to allowing major wireless facilities that are no more than 10 feet above the maximum height allowed in the district. It was moved by Denny, seconded by Jennings, to adopt Resolution Nos. 3843 and 3844. Motion carried 5-0. Noted that staff will inform the Planning Commission when design reviews are approved at the staff level. 3. CONDITIONAL USE PERMIT 02-017 AND DESIGN REVIEW 02-017 FOR AUTHORIZATION TO ESTABLISH A WIRELESS FACILITY ON AN EXISTING UTILITY POLE AND OUTDOOR EQUIPMENT FOR VERIZON WIRELESS AT THE EXISTING SOUTHERN CALIFORNIA EDISON SUBSTATION. THIS PROJECT IS LOCATED AT 2031 BRYAN AVENUE IN THE RESIDENTIAL AGRICULTURAL (RA)ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3845 approving Conditional Use Permit 02-017 and Design Review 02-017. The Public Hearing opened. Indicated Commissioner Hamilton advised him before the meeting that Commissioner Hamilton owns property within 500 feet of the subject site; and, while he does not believe this application will have any financial effect on his property, to avoid any appearance of a conflict, he chose not to participate in this matter. Agenda - Planning Commission September 23, 2002 - Page 4 Hamilton Willkom John Koos, Verizon Wireless representative Nielsen Mr. Koos Nielsen Mr. Koos Nielsen Mr. Koos Nielsen Mr. Koos Kozak Mr. Koos Director DRAFT Stepped down from the dais. Presented the staff report, pointing out the approval of the Conditional Use Permit would not become effective until the Code Amendment is approved by the City Council, and no permit could be issued until the Ordinance becomes effective; Condition 1.8 was included to ensure that if the property is developed with a residential use, the wireless facility must be removed; a condition was included to ensure the applicant will comply with the Federal Communications Commission (FCC) guidelines related to the radio frequency. Stated the area involved is unique, serving only residential uses; and, added he was available to answer any questions the Commission might have. Asked if site will provide coverage to the entire City. Answered this facility will be filling specific holes (called capacity sites) which the current network does not serve. Asked what wattage output is expected. Responded the wattage will be about 100 watts; the electro- magnetic emissions will be about one percent of what the FCC allows; Southern California Edison relocated the driveway from Browning to Bryan to allow the cabinet rack to be hidden from view. Suggested this will provide better service to the residents in that area. Indicated this type of coverage is driven by customer complaints. Asked for the anticipated timeframe for completing construction once the Ordinance is in place. Stated the goal is to be on-air by December 31,2002. Asked for information regarding Verizon's plans for additional capacity sites in other parts of the City. Stated there are no current projects planned; long-range planning is not realistic for these facilities. Added that no controversy is anticipated regarding City Council's approval of the recommendation; if everything is acceptable with the building plans, this project can proceed the day after the adoption of the Ordinance. Action Agenda - Planning Commission September 23, 2002 - Page 5 7:33 p.m. Jennings Willkom Denny Willkom Denny Director Denny Director Kozak Holland Director Denny DRAFT The Public Hearing closed. Asked staff for clarification regarding the requirement for replacing the chain-link gates with wrought iron gates. Stated that all chain-link fencing and gates will be replaced with wrought iron. Asked why this applicant is being asked to replace the property owner's gate. Noted the applicant is in agreement with this condition, because the wrought iron is more aesthetically pleasing. Stated he does not understand why the applicant is making this improvement rather than the property owner. Indicated staff is requiring this applicant to make the change as a condition of approval of this project. Stated his concern regarding staff's requiring a lessee to make property improvements to someone else's property. Noted many projects have similar requirements, such as requiring a driveway in a certain location or a buffer wall or landscape screening. Added that such a requirement provides a public benefit with a private benefit. Indicated this is the sort of improvement necessary to the property .to allow this particular use to commence; it is up to the tenant and property owner to decide whether or not these are improvements they want to make; and, if so, who is going to be responsible. Stated that authorization from the property owner is required; when the facility at the Sports Park was approved, Cox was required to build a wrought iron fence with landscape screening; as a property owner, the City of Tustin would not otherwise have allowed the project to proceed. Restated his feeling that the City should not force a property owner to replace an existing fence. It was moved by Jennings, seconded by Nielsen, to adopt Resolution No. 3845. Motion carried 4-0; Hamilton not present. Action Agenda - Planning Commission September 23, 2002 - Page 6 Hamilton Returned to the dais. DRAFT None REGULAR BUSINESS: STAFF CONCERNS: . REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 16, 2002, CITY COUNCIL MEETING. Director reported Presentation: Elizabeth A. Binsack, Community Development Director Staff recommended continuance of the Housing Element to ensure that it is consistent with the agreement with the Santa Ana Unified School District. A lot line adjustment was approved to accommodate the Ethan Allen project; construction will be underway soon. The City Council provided direction for staff to'move forward with the selection of a master developer for a majority of MCAS-Tustin; that process is underway; a special meeting was conducted at 5:00 p.m. today to authorize the City Manager to proceed with fulfilling the terms of the agreement with the Santa Ana Unified School District. The Planning Officials Forum flyer has not yet arrived; information will be provided to the Commissioners as soon as it is received. Jennings Director Asked if the date is known. Indicated the tentative date is the second week of November; and, added the date will be e-mailed as soon as it is firm. COMMISSION CONCERNS: Nielsen None Denny Jennings Thanked staff for the Code Amendment which helps simplify the process. Stated he looks forward to seeing everyone at Tiller Days. Indicated she was planning to report graffiti on the light standard and utilities box across the street from her home, but the graffiti is gone. Action Agenda - Planning Commission September 23, 2002 - Page 7 D AFT Jennings continued Hamilton Kozak Director Kozak Director 8:00 p.m. Stated she is interested in the issues associated with disabled parking spaces that have been going on in Irvine; and, asked if the City of Tustin has any interest in going after people who are misusing disabled parking spaces. Stated he is looking forward to seeing everyone at Tiller Days. Noted that Chrysler-Jeep of Santa Ana is moving to the Tustin Auto Mall which will be exciting for the City. Added that he read Let's Roll, the book written by Todd Beamer's widow; and, recommended everyone read this book. Thanked staff for the Code Amendment for the wireless communication facility regulations; this will be an incentive to develop stealth facilities and other unobtrusive facilities in the City. Stated he is looking forward to Tiller Days coming up October 4 and 5. Indicated there is a recreational vehicle on jacks, its front wheels off, on First Street by El Camino Real between the old hardware store and the auto parts store; suggested that vehicles under repair cannot be kept in the open on jack stands. Asked for the exact location of the vehicle. Answered that the vehicle is 'behind the fence on private property but is clearly visible to the public right-of-way; indicated this location has been a bone of contention for many; and, stated his belief that no vehicles under repair can be stored there. Stated there is a Conditional Use Permit on that property which is specific concerning what can be located there; and, indicated Code Enforcement will follow up. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, October 14, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Planning Commission September 23, 2002 - Page 8 RESOLUTION NO. 3844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT CODE AMENDMENT 02-005, AN'AMENDMENT TO TUSTIN CITY CODE SECTIONS 9276b AND 9276i OF THE TUSTIN CITY CODE RELATED TO WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: Ao That stealth antennas in which the antennas are integrated into the overall design of an existing pole or structure and do not extend beyond the height of the existing structure on which the facility is located are unobtrusive and often unnoticeable. Bo That Section 65850 of the Government Code allows the City to adopt ordinances that regulate the location, height, bulk, and size of structures and the intensity of land use. C. That the proposed amendment is consistent with the policies of the Tustin General Plan as follows: Land Use Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Land Use Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. Land Use Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. D. The purpose of Code Amendment 02-005 is to allow stealth antennas for wireless communication facilities that are integrated into existing structure(s) and do not extend beyond the height of the structure(s) on which the facilities are located. Eo That a public hearing was duly noticed, called, and held on Code Amendment 02-005 on September 23, 2002, by the Planning Commission. Resolution No. 3844 Page 2 II. F, This project would not have a significant effect on the environment, and a Negative Declaration has been recommended for adoption. The Planning Commission hereby recommends that the City Council approve amendments to Section 9276b and 9276i of the Tustin City Code related to the Wireless Communication Facility Regulations and Guidelines as follows: A, Subsection b of Section 9276 of the Tustin City Code is amended by amending the definition of "Minor wireless communication facility" to read as follows: B. "Minor wireless communication facility" means a wireless communication facility that: (1) Consists of a minicell; or (2) Consists of one or more stealth antennas mounted on an existing structure in a manner that does not extend beyond the height of such existing structure. (3) Consists of building- or roof-mounted antenna that extends less than ten (10) feet in height beyond the top of the existing structure and does not exceed the maximum height permitted in the zoning district in which the facility is located. Subsection b of Section 9276 of the Tustin City Code is amended to by adding a definition for "Stealth antennas" in alphabetical order to read as follows: C, "Stealth antennas" means antennas and associated hardware that are concealed within or placed on the surface of an existing structure in a manner that such antennas replicate the features of the existing structure or are integrated into the overall design features of the existing structure so that they are not readily visible. Subsection i of Section 9276 of the Tustin City Code is amended to read: i Height Standards for Major Wireless Communication Facilities No major wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. Resolution No. 3844 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of September, 2002. Chairperson ELIZABETI:I A. BI'SACK- - Planning Commission Secretary STATE OF CALIFORNIA ) COUNTYOF ORANGE ) CITY OF TUSTIN ) SS 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. 3844 was duly passed and adopted at regular meeting of the Tustin Planning Commission, held on the 23rd day of September, 2002. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT C Resolution No. 02-92 RESOLUTION NO. 02-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-005 (ORDINANCE NO. 1260) AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A, That Code Amendment 02-005 is considered a "project" pursuant to the terms of the California Environmental Quality Act; B, A draft Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The draft Initial Study/Negative Declaration evaluated the implications of the code amendment Citywide; and, C, The City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject draft Initial Study/Negative Declaration. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to approving the proposed code amendment and finds that it adequately discusses the environmental effects of the proposed code amendment. On the basis of the initial study and comments received during the public hearing process, the City Council finds that there will not be a significant effect on the environment as a result of the code amendment. In addition, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. The City Council hereby adopts the Final Negative Declaration for Code Amendment 02-005. Resolution No. 02-92 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of October, 2002. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 02-92 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-92 was duly and regularly introduced, pas.s, ed, and adopted tn f at a regular meeting of the Tustin City Council, held on the 7 day o October, 2002. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit A of Resolution No. 02-92 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C,4 92780 (Z l 4) .5 Z.~-$100 .NEGATIVE DECLARATION Project Title: Code Amendment 02-005 Project Location: Citywide Project Description: Amendment to Section 9276(3) of Tustin City Code to modify the definition of a '~inor wireless communication facility" to include a stealth, antenna(s) that are building or roof mounted on an existing structure which do not extend beyond the height or width of the existing structure on which. the facility is located, add a definition for a "stealth" facility to state "Stealth means antennas and associated hardware that are concealed within or placed on the surface 'of existing structures that are not readily visible or replicate the features of the existing structure," and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than ten (10) feet above the maximum height permitt~ in the zoning district in which the facility is located. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the environment. [3 That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included m Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the COmmunity Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins on August 29, 200.2. and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON SEPTEMBER 17, 2002 Date: August 29, 2002 El~be~ A. Binsack" ' - - Community Development Director INITIAL STUDY COM]VIUN1TY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C~4 92780 (714) 573-3100 I II A. BACKGROUND Project Title: Code Amendment 02-005 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency · Contact Person: Justina Willkom Phone: (714) 573-3174 Project LocatiOn: Citywide Project Sponsor's Narae and Address: N/A General Plan Designation: All Land Use Designations Zoning Designation: All Zoning Districts Project Description: Amendment to Section 9276C0) of the Tustin City Code to modify the definition of a "minor wireless communication faciff~" to include stealth antenna(s) that are building or roof mounted on an existing structme which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 92760) to clarify that the height of a major wireless communication facility may not be more than ten (10) feet above the maximum height permitted in the zoning district in which the facility is located. Surrounding Uses: North: County of Orange South: City of Irvine East: County of Orange and City of Irvine West: City of Santa Aaa Other public agencies whose approval is required:' Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other [-] City of Irvine [-'] City of Santa Aha [--! Orange County, EMA Be ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one imPact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below, [~]Land Use and Pla~ning [-]Population and Housing [~]GeolOgical Problems I-]Water [-]Ak Quality [--]Transportation & Circulation I-]Biological Resources [--]Energy and Mineral Resources ['-]Hazards [~Noise [-]Public Services [~]Utilities and Service Systems [--]Aesthetics I-]Cultural Resources [--]Recreation ['-[Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a.. significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ['-] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ['-I I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if'the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case became all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in 'this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or 'mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: JCstina Wi!lkom Elizabeth A. B insa~-k, C6mmunity Devempmem Director Title Associate planner Date August 29, 2002 1) 2) 3) 4) 5) 6)¸ 7) s) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that'a particular phySical impact may occur, the checklist' answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorPOration of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact.,' The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, '"Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIIL or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this ease, a brief 'discussion should identify the following: . a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope Of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources:. A source list should be attached' and other sources used or individuals contacted should be cited in the discussion. This is only a 'suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions .from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. ,,,EVALUATION OF ENVIRONMENTAL IMPACTS .L AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? e) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in'the area? H. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment · Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the pwject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California' Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? IlL AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projecteA air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less. Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified.as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological inte~aption, or other means? d) Interfere substantially with the movement of any native resident or migratory f~h or wildlife species or with established native resident or migratory wildlife corridors, or imped~ the use of native wildlife nursery sites? e) · Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substant~l adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to .§ 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or sU'uctures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant Frith Mitigation Incorporation Significant Impact No Impact [3 [3 :[3 D. ' i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other. substantial evidence of a known fault? Refer to.Division of Mines and Geology Special Publication 42. ii) ~ Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in subslantial soil erosion or the loss of topsOil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on; or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1 $-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste wate~ VII. HAZARDS AND HAZARDOUS MATERIA,,LS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of h~:mrdous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.$ and, as a result, would it create a signific~mt hazard to the public or the environment? e) For a project located within aa ah-pon land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety baTsrd for people residing or working in the project area? Potentially Sign~cant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact 'D No Impact g) Impair implementation of or physically interfere with an adopted emergency response plan or emergenCY evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wfldland fires, including where wildlands are adjacent to urbanized areas or where residences. are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) ViOlate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including ~hrough the alteration of ~he course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or mount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood ba?s~rd delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or darn? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? Potentially Significant Impact Less Than 'Significant With Mitigation Incorporation Less Than Significant Impact No Impact D -ID D D b) Conflict with any applicable land use Plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the lOss of availability'ofa locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where.such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact · Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [3 [2 [3 E] D. [3 [3 E3 [3 E] [3 [3 E] [3 c) Displace substantial numbers of people, necessitating the conswuction of replacement housing elsewhere? XIII, PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Pazks? Other public facilities? X1V. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansioo of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC ~- Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the count~ congestion man .agement agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase b.-~,'ds due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact E3 No Impact I-! D D g) Conflict With adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water' Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) ReqUire or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E] O O [] d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? O 0 O [] e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with. federal, state, and local statutes and regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below serf-sustaining levels, threaten to eliminate a plant or animal community, reduce thc number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? · b) Does the project hax;e impacts that are individually limited, but cumulatively considerable? ("Cumulatively ......................................................... considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable furore projects)V ["] I-'1 [-] [5;~] c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CODE AMENDMENT 02-005 (WIRELESS' COMMUNICATION FACILITIES) BACKGROUND Code Amendment 02-005 would amend Section 9276(b) of the Tustin City Code to modify the definition of a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on an existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than ten (10) feet above the maximum height permitted in the zoning distdct in which the facility is located. There would be no physical improvement or'changes in the environment as a result of the adoption of this code amendment. ImPacts. of potential fUture .projects would be evaluated in conjunction with each future project. 1 .. AESTHETICS Items a throueh d -"No Impact": The proposed code amendment Would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth". facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning distdct in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. The intent is to provide for stealth or not readily visible facilities that are integrated into existing structures to eliminate visual impacts of wireless communication facilities. As such, the proposed code amendment Will not haVe. any effects on aesthetics in the area including scenic vistas or scenic resources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The proposed code amendment will not degrade the existing visual character or quality of the plan area or its surroundings. The proposed code will not create new source of substantial light or glare that would affect day or nighttime views in the area. Impacts related to any futUre project would be identified and evaluated in conjunction with a specific project. Sources; Tustin Zoning Code Tustin General Plan Mitigation/Monitodng Required: None Required Code Amendment 02-005 - Initial Study Attachment A Page 2 of 9 2, , AGRICULTURAL RESOURCES Items a through c- "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a'"stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility, may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. No. physical improvements are currently proposed in conjunction with' the adoption., of this code amendment. The proposed code amendment will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The code amendment will not result in conversion of farmland to a non-agricultura! use. Impacts related to any future project would be identified and evaluated in conjunction with a specific, project; however, no foreseeable impacts related to agricultural resources are anticipated. Sources: Tustin General Plan Mitigation/MonitOrin.q Required: None Required AIR QUALITY Items a through..e- ,'No ImPact. The proposed, code amendment wouid~ define a "minor wireless communication facility" to include stealth antenna(s)that are building or roof mounted on existing structure, which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may .not be more than (10) feet above the maximum height permitted in the zoning district in whiCh the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. As such, the code amendment will not conflict with or obstruct implementation of any applicable air quality plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Impacts related to any future project would be' evaluated when a specific project is proposed; however, no foreseeable impacts related to air quality, are anticipated. Sources: South Coast Air Quality Management Distdct Rules and Regulations Tustin General Plan Mitigation/IVlonitodng Required: None Required Code Amendment 02-005 - Initial Study Attachment .d Page 3 of 9 . Se BIOLOGICAL RESOURCES Items a throu.qh f- "No Impact": The~ proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted.on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located,, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the.maximum, height permitted, in the zoning distdct in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. No impacts to any. unique, rare, or.endangered species, of plant or animal life identified in local or regional plans, policies or regulations by the Califomia Department of Fish and Game or U.S. Fish and Wildlife: Service would occur~ as a result of this code amendment. The code amendment would not have substantial adverse effect on any dpadan habitat, sensitive natural community identif'~,cl in the local-or regional plan, federally protected wetlands, or interfere with the 'movement of any native resident or. migratory'fish or wildlife species, nor would the code. amendment conflict with any local policies or ordinances protecting biological resources and the provisions of an adopted habitat conservation plan. Impacts related to any future project would be evaluated when a specific project isproposed; however, no foreseeable impacts related to biological resources are anticipated. Sources: Tustin General Plan Miti.qation/Monitoring Required: None Required CULTURAL RESOURCES Items a throu,qh d - "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to.clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning distdct in which the facility is located. No physical improvements are currently proposed in conjunction' with the adoption of this code amendment. As such, the Code amendment will not adversely affect any historical resources or archaeological resources or destroy or disturb a unique paleontological resource, human remains or geological feature. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to cultural resources are anticipated. Code Amendment 02-005 - Initial Study .~ttachment A Page 4 of 9 6, Sources: Cultural Resources District Tustin Zoning Code General .Plan . Miti.qation/Monitorin.q Required: 'None Required GEOLOGY AND SOILS Items a (I), a (ii), a (iii), a (iv), b l c, d and e- "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s)'that are building or roof mounted on existing structure which do not extend= beyond the height or width of the existing structure on which the facility is located, add a definition for a ~"stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. As such, the proposed code amendment will not expose people to pOtential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or 'loss of top soil' nor is the project'~on unstable or expansive soil, Impacts related to any future project would be identified and evaluated in conjunction With a specific project; however, no foreseeable impacts related to geology and soils are anticipated. Sources: Tustin General Plan Miti.qation/Monitorin.q Required: None Required HAZARD AND HAZARDOUS MATERIALS Items a throuah h -"No Impact": The proposed code amendment would define a "minor wireleSS communication facility" to include' stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a ,definition for a "stealth"' facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum, height permitted in the zoning district in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption, of this code amendment. As such, the proposed code amendment will not result .in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wiidland rims, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. Impacts related to future project would be evaluated when a specific project is proposed; Code~. Amendment 02-005 - Initial Study Attachment A Page 5 of 9 . . however, no foreseeable impacts related to hazard and hazardous materials are anticipated. Sources: Orange County Fire Authority Orange County Health Agency Tusfin General Plan Mifi,qation/Monitodn.a. Required: None Required HYDROLOGY AND WATER QUAUTy' Items a through i- "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on'existing structure which do not extend beyond the height or width of the existing structure-on which the facility is located, add a definition for a '"stealth" facility, and amend Section 92760) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height .permitted in the zoning distdct in which the facility is located. No physical, improvements are currently proposed in' conjunction with the adoption of this code amendment.. The code amendment would not violate any water quality standards or waste water discharge requirements, substantially deplete or altergroundwater supplies, drainage pattern, including.alteration of the course .of stream or river, nor would the code amendment create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. The Code amendment would not degrade water quality, place housing, within a 100-year flood hazard area or impede or redirect flood flows. The code amendment would not expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of. the failure~ of a levee or dam, nor would the code amendment inundated by seiche, tsunami, or mudflow. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to hydrology and water quality are anticipated. Sources: Tustin General Plan Mltigation/Monitorin,q Required: None Required LAND .USE AND PLANNING Items 'a throu,qh c- "No ImPact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that 'are building, or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 92760) to clarify that the height of a major wireless communication facility may not be more than (10) feet above Code Amendment 02-005 - Initial Study Attachment A Page 6 of 9 10. 11. the maximum height permitted in the zoning district in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. The code amendment is .consistent with the intent of the City's General Plan to ensure compatible and complementary developments. The propOSed code amendment will not physically divide an established community or conflict with any environmental programs or applicable habitat conservation plans. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no 'foreseeable impacts related to land use and planning are anticipated. Sources: Tustin General Plan Tustin Zoning Code Mitigation/Monitorin.q Required: None Required MINERAL RESOURCES Items a and b- "No Impact": The. proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s)' that are building or roof mounted on existing structure which do. not extend beyond the height or width of the existing structure on which the facility is located, add a definition-for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning distdct in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this code ~ amendment. The. proposed code amendment will not result in loss of a known' mineral resource or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use .maps. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to mineral resources are anticipated. Sources: Tustin General Plan Mitigation/Monitorin,q Required: None Required NOISE .. Items a throu,qh f- "No Impact": The proposed code amendment would define a "minor wireless communication facility"to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 92760) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. Code Amendment 02-005 - Initial Study Attachment A Page 7 of 9 12. 13. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. As such, the proposed code amendment will not expose persons to noise levels in excess of standards established in the general plan, noise ordinance, or .excessive ground vibrations, nor will it create a temporary or permanent increase in the existing ambient noise levels. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to noise are anticipated. Sources: Tustin City Code Tustin General Plan Miti.clation/Monitodn,q Required: None Required POPULATION AND'HOUSING Items a, b, and c - "No Impact": The propoSed code amendment would define a "minor wireless communication facility" to include stealth, antenna(s) that are building or roof mounted on existing structure which do not .extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 92760) to clarify that the height of a major wireless communication facility may not be. more than (10) feet above the maximum height permitted in the zoning .district in which the facility is located. No physical improvements are currently proposed .,.in conjunction with the adoption of this code amendment. The code amendment would not induce substantial population 'growth in the area nor would it displace substantial numbers of people or housing, necessitating the construction or replacement of housing elsewhere. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no' foreseeable impacts related to population and housing are anticipated. Sources: Tustin General Plan Miti.clation/Monitodnq Rec~uired: None Required PUBLIC SERVICES Item a-" No Impact": The proposed code amendment would define a "minor wireless communication facility"to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located,* add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. No physical improvements are currently proposed in conjunction with the adoption of this Code Amendment 02-005 - Initial Study Attachment .,~ Page 8 of 9 14. code amendment. As suCh, the proposed code amendment will not create demand for an alteration of or addition to government facilities or services (fire and police protection, schools, parks, etc.). Impacts related to any future project-would be' identified and evaluated in conjunction with a specific project; however, no foreseeable' impacts related to public services are anticipated. Sources: Tustin General Plan Miti,qation/Monitoring Required: None Required RECREATION Items a and b, "No Impact": The proposed .code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure, which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition'~ for 'a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may .not be more than (10) feet above the maximum height permitted in the zoning distdct in which the facility is located. No physical improvements are' currently proposed in conjunction with the adoption of this code amendment. As such, the code amendment would not increase demand for neighborhood parks or recreational facilities.~ Impacts related to any future, prOject would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to recreation are anticipated. Sources: Tustin General Plan Miti,qation/Monitorinp Reauired: None 'Required 15. TRANSPORTATION/TRAFFIC Items a through-.q - "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. No physical improvements are currently proposed in conjunction, with the adoption of this code amendment. As such, no alteration in the traffic generation and circulation patterns within the project area would be affected by the proposed code amendment. The proposed code amendment would not result in changes to air traffic pattems, emergency.access, parking capacity, level of service standards, or conflict with adopted policies, plans or programs supporting altemative Code Amendment 02-005 - Initial Study Attachment A Page 9 of 9 16. 17.' transportation. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to transportation/traffic are anticipated. Sources: Tustin General Plan Miti.qation/Monitorin.q Required: None Required UTILITIES AND SERVICE SYSTEMS Items a throu_~h ~ - "No Impacti'.: The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is .located. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. The adoption of the code amendment will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to utilities and service systems are anticipated. Sources: Tustin General 'Plan Miti.qafion/Monltorin.q Required: None Required MANDATORY FINDINGS OF SIGNIFICANCE Items a throu.qh c - "No Impact": The proposed code amendment would define a "minor wireless communication facility" to include stealth antenna(s) that are building or roof mounted on existing structure which do not extend beyond the height or width of the existing structure on which the facility is located, add a definition for a "stealth" facility, and amend Section 9276(i) to clarify that the height of a major wireless communication facility may not be more than (10) feet above the maximum height permitted in the zoning district in which the facility is located. There would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future project. As such, the code amendment does not have the potential to degrade the quality of the environment, achieve short,term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. S:\Cdd~JUSTINA~current planning~nvironmental~Wireless ND attachment A. doc ATTACHMENT D Ordinance No. 1260 ORDINANCE NO. 1260 AN ORDINANCE OF THE COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SUBSECTIONS b AND i of SECTION 9276 OF THE TUSTIN CITY CODE, RELATING TO MINOR WIRELESS COMMUNICATIONS FACILITIES. City Attorney's Summary The City's current City Code regulates the erection and maintenance of wireless communication facilities in the City. The Ordinance distinguishes between minor and major wireless communications facilities. This ordinance adds stealth antennas, as defined, as minor wireless communication facilities. The City Council of the City of Tustin finds and determines that: Ao Stealth antennas in which the antennas are integrated into the overall design of an existing pole or structure and do not extend beyond the height of the existing structure on which the facility is located are unobtrusive and often unnoticeable. B. Section 65850 of the Government Code allows the City to adopt ordinances that regulate the location, height, bulk, and size of structures and the intensity of land use. C. The proposed amendment is consistent with the policies of the Tustin General Plan as follows: Land Use Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses. Land Use Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. Land Use Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. D, The purpose of this Ordinance (Code Amendment 02-005) is to allow stealth antennas for wireless communication facilities that are integrated into existing structure(s) and do not extend beyond the height of the structure(s) on which the facilities are located. E, That a public hearing was duly noticed, called, and held on Code Amendment 02-005 on September 23, 2002, by the Planning Commission. Following the public hearing, the Planning Commission recommended approval of Code Amendment 02-005. Fo That a public hearing was duly noticed, called, and held on Code Amendment 02-005 on October 7, 2002, by the City Council. G, This project would not have a significant effect on the environment, and a Negative Declaration has been adopted. The Council of the City of Tustin ordains as follows: Section 1: Subsection b of Section 9276 of the Tustin City Code is amended by amending the definition of "Minor wireless communication facility" to read as follows: "Minor wireless communication facility" means a wireless communication facility that: (1) Consists of a minicell; or (2) Consists of one or more stealth antennas mounted on an existing structure in a manner that does not extend beyond the height or width of' such existing structure. (3) Consists of building or roof mounted antenna that extends less than ten (10) feet in height beyond the top of the existing structure and does not exceed the maximum height permitted in the zoning district in which the facility is located. Section 2: Subsection b of Section 9276 of the Tustin City Code is amended to by adding a definition for "Stealth antennas" in alphabetical order to read as follows: "Stealth antennas" means antennas and associated hardware that are concealed within or placed on the surface of an existing structure in a manner that such antennas replicate the features of the existing building or are integrated into the overall design features of the existing building so that they are not readily visible. Section 3: Subsection i of Section 9276 of the Tustin City Code is amended to read: i Height Standards for Major Wireless Communication Facilities No major wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. Section 4: This Ordinance shall become effective on the thirty-first day after passage. The City Clerk shall certify to the adoption of this Ordinance and cause this Ordinance to be posted at the designated posting places within the City within fifteen days after passage and adoption as may be required by law. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of ., 2002. JEFFERY M. THOMAS, MAYOR PAMELA STOKER, City Clerk APPROVED AS TO FORM: LOIS E. JEFFREY, City Attorney ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1260 was duly and regu,~larly introduced and read at the regular meeting of the City Council held on the 7'" day of October 2002, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of ,2002, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: ATTACHMENT E Tustin City Code Section 9276 (with proposed amendments) 9276 WIRELESS COMMUNICATION FACILITY REGULATIONS AND GUIDELINES a Purpose The purpose of these regulations and guidelines is to regulate the establishment and modification of all wireless communication facilities Outside the public right-of-way and City of Tustin property, and to protect the public health, safety, aesthetics, and quality of life of Tustin citizens. The Tustin City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these obi ectives. b Definitions Unless otherwise stated, the following definitions pertain to this Section. "Antenna" means a device used in communications which transmits or receives radio signals. "Antenna, dish" means a disk-like antenna used to link communications sites together by wireless transmission of voice or data; also called microwave antenna, microwave dish antenna, or satellite dish. "Antenna, microwave" means a dish antenna. "Antenna, panel" means an antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennas. "Antenna, whip" means an antenna that transmits signals in three hundred sixty (360) degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omnidirectional, stick orpipe antennas. "Building-mounted" means mounted to the side of a building or to another structure such as a water tank, billboard, church steeple, freestanding sign, etc. "California Public Utilities Commission (CPUC)" means the governmental agency which regulates the terms and conditions of public utilities in the State of California. "Certificate of public convenience and necessity" means a certificate issued by the California Public Utilities Commission. "Co-location" means the locating of wireless communications equipment from more than one provider on a single building-mounted, roof-mounted or ground-mounted wireless communication facility. "Electromagnetic field" means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor. "Ground mounted" means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna. "Lattice tower" means a structure with three (3) or four (4) steel support legs that supports a variety of antennas. These towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design. "Major wireless communication facility" means a wireless communication facility that: (1) Is ground-mounted on property not-within the public right-of-way; or (2) Is building- or roof-mounted and exceeds ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located; or (3) Is building- or roof-mounted and exceeds the maximum height permitted in the zoning district in which the facility is located by a maximum of ten (10) feet. "Minicell" means a wireless communication facility that meets all of the following criteria: (1) Contains a maximum of six (6) whip or panel antennas. Each whip antenna does not exceed six (6) inches in diameter and four (4) feet in length. Each panel antenna does not exceed two (2) square feet in surface area. (2) Contains a maximum of one microwave antenna no larger than ten (10) square feet in surface area. (3) Has an array of antennas less than ten (10) feet in height. (4) Is building- or roof-mounted. (5) Has a total height that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located. "Minor wireless communication facility" means a wireless communication facility that: (1) Consists of a minicell; or (2) Consists of one or more stealth antennas mounted on an existing structure in a manner that does not extend beyond the height of such existing structure. (3) Consists of building or roof mounted antenna that extends is- less than ten (10) feet in height beyond the top of the existing structure and does not exceed the maximum height permitted in the zoning district in which the facility is located. "Monopole" means a structure composed of a single spire used to support antennae and related equipment. "Mounted" means attached or supported. "Private wireless communication facility" means a wireless communication facility that has not been granted a certificate of public convenience and necessity or a corporate identification number by the California Public Utilities Commission. "Public right-of-way" means and includes all public streets, sidewalks, and utility easements, now or hereafter owned in fee or easement by the City of Tustin. "Public wireless communication facility" means a wireless communication facility that has been granted a certificate of public convenience and necessity and/or a corporate identification number by the CPUC. "Radiofrequency radiation" means electromagnetic radiation in the portion of the spectrum from three (3) kilohertz to three hundred (300) gigahertz. "Roof-mounted" means mounted above the eave line of a building. "Stealth antennas" means antennas and associated hardware that are concealed within or placed on the surface of an existing structure in a manner that such antennas replicate the features of the existing structure or are integrated into the overall design features of the existing structure so that they are not readily visible. "Unipole" means a structure composed of a single spire used to support antennas and related equipment that is incorporated into a single vertical element. Also called unicell. "Wireless communication facility" means any public or private structure that supports antennas (dish, panel, whip, etc.), microwave dishes and other related equipment that sends and/or receives radiofrequency signals. This includes facilities for personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. 332(c)(7). c Applicability of this Section (1) All wireless communication facilities for which applications were approved and/or building permits issued by the Community Development Department on or prior to the adoption date of Ordinate No. 1192 shall be exempt from the regulations and guidelines contained herein, unless Section 9276, c(2) or section 9276, c(5) applies. (2) All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of Ordinance No. 1192, shall be required to comply with the regulations and guidelines contained herein. (3) of-way or guidelines All wireless communication facilities to be located within City of Tustin public right- on property owned by the City of Tustin shall be exempt from the regulations and contained herein. (4) All satellite dishes of one (1) meter or less in diameter in residential districts, and of two (2) meters or less in commercial or industrial districts shall be exempt from the regulations and guidelines contained herein. Dish antennas exceeding three (3) feet in diameter shall be regulated by section 9271(y) and not by the provisions of this section. As used herein, "dish antenna" includes satellite dishes, multichannel multipoint distribution service ("MMDS") antennas and television antennas. (5) All modifications to wireless communication facilities for Which applications for the modifications were submitted on or after the adoption date of Ordinance No. 1192 shall be required to comply with the regulations and guidelines, contained herein. Modifications to nonconforming wireless communication facilities that are nonconforming with respect to any provision of Ordinance No. 1192 must first receive Planning Commission approval of a conditional use permit as established by Tustin City Code Section 9291. Modifications to nonconforming wireless communication facilities shall not increase the nonconformities. d Requirement for Conditional Use Permit The following must first receive Planning Commission approval of a conditional use permit as established by' Tustin City Code Section 9291: (1) Any major wireless-communication facility established or modified in the City of Tustin. (2) Any minor wireless communication facility established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally established residential use. (3) Any wireless communication facility established or modified in the City of Tustin that exceeds the maximum height permitted in the zoning district in which the facility is located. e Requirement for Design Review Design review approval shall be required prior to the establishment or modification of any wireless communication facility in accordance with Tustin City Code Section 9272. If a conditional use permit and/or a variance is required, the design review authority shall be deferred to the Planning Commission. f Development Criteria and guidelines for all Wireless Communication Facilities (1) Screening criteria and guidelines (a) Wireless communication facilities shall have subdued colors and nonreflective materials which blend with surrounding materials and colors. (b) 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 aboveground utilities, such as electrical tower or utility (which are not scheduled for eventual removal or undergrounding), 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. (2) 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. 2. In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. 3. On vacant ground without significant visual mitigation only in commercial and industrial zoning districts. (b) As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the site selection order of preference. (3) Other criteria and guidelines (a) Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage, unless signage is approved by the City in accordance with the City of Tustin Sign Code. (b) All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located, unless other less obtrusive alternatives are identified and approved by he City. (c) Within ninety (90) days of commencement of operations, applicants for wireless communication facilities that are located within three hundred (300) feet of residential areas or located on properties that are zoned residential and developed with a nonresidential use, may be required to provide a preliminary report and field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radiofrequency radiation (RFR). g Locational Criteria for All Wireless Communication Facilities (1) Except as permitted by section 9276, c(4), no wireless communication facility shall be established: (a) On vacant property within any City of Tustin residential zoning district; or (b) On property that contains any legally established residential use. (2) No major wireless communication facility shall be established. (a) Within any City of Tustin residential zoning district; or (b) On property, that contains any legally established residential use. (3) A minor wireless communication facility may be established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally established residential use, with the approval of a conditional use permit by the Planning Commission. Should the property subsequently be developed with 'a residential use, the conditional use permit shall become null and void, and the facility shall be removed. h Additional Locational Guidelines for Major Wireless Communication Facilities (1) Providers requesting permission to establish major wireless communication facilities in the City of Tustin shall find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within three hundred (300) feet of: (a) Any City of Tustin residential zone or land use district; (b) Any legally established residential use. (2) No major wireless communication facility should be established within one hundred (100) feet of any existing, legally established major wireless communication facility except when co-located on the same building or structure. (3) For the purposes of this ordinance [section], all distances shall be measured in a straight line without regard to 'intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any land use, land use district, or zone described in subsection (a) above, or to the nearest point of another major wireless communication facility described in subsection (b). (4) Major wireless communication .facilities should be encouraged to locate and/or co- locate on properties which are located within Industrial (M) and Planned Community Industrial (PC-IND) zoning districts. i Height Standards for Wireless Communication Facilities No major wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located. j Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design review and/or conditional use permit approval. The Director may defer this review to the planning Commission on a case-by-case basis. The Director or Planning Commission, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. k Conditional Use Permit Expiration Each major wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be approved for a period not to exceed the term of the lease with the property owner, including any extension thereof, for the major wireless communication facility. A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Director prior to the issuance of a building permit for the major wireless communication facility. If the lease is extended or terminated, the operator of the wireless communication facility shall provide notice and evidence thereof in writing to the Community Development Director no later than five (5) days prior to the extension or termination of the lease. Upon termination or expiration of the lease, the conditional use permit for the facility shall become null and void and the facility removed. 1 Abandonment A wireless communication facility is considered abandoned if it no longer provides wireless communication service. If the use of a facility is discontinued for any reason, the operator of the wireless communication facility shall notify the City of Tustin in writing no later than five (5) days after the discontinuation of use. Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Planning Commission shall review all evidence and shall determine whether or not the facility is abandoned. All facility not removed within the required thirty (30) day period shall be in violation of the Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this section. m Violations/Penalties Violations of this ordinance shall constitute a public nuisance and shall also constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Tustin City Code Section 1121. (Ord. No. 1192, Sec. 3, 2-2-98) S:\CddUUSTINA\Ordinance 1192.doc