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HomeMy WebLinkAbout03 CUP 98-010DR 98-008 10-19-98DATE: OCTOBER 19, 1998 NO. 3 10-19-98 inter-Com .. , TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONTINUED APPEAL OF CONDITIONAL USE PERMIT 98-010 & DESIGN REVIEW 98- 008 SUMMARY: Conditional Use Permit (CUP) 98-010 and Design Review (DR) 98-008 are requests to establish a 60foot tall major wireless communications facilitY designed to look like a palm tree behind the Tustin Self-Storage building at 550 West 6th Street, and adjacent to the Santa Ana (1-5) Freeway. The property is located within the Planned Industrial (PM) Zoning District On August 24, 1998, the Planning Commission approved CUP 98-010 and DR 98-008..At the September 8, 1998 City Council Meeting, the Council appealed the Planning Commission's decision on the Conditional Use Permit and Design Review. At the October 5, 1998 City Council Meeting, the Council upheld the Planning Commission's action and directed staff to prepare a Resolution of approval for this projeca Applicant: Ms. Barbara Saito, Nextel communications, In~ Property Owner: Tustin Self Storage Limited - RECOMMENDATION That the City Council adopt Resolution No. 98-92 upholding the Planning Commission's action approving Conditional Use Permit 98-010 and Design Review 98-008. BACKGROUND On October 5, 1998, the City Council considered the appeal of CUP 98-010 and DR 98-008, a request to establish a 60 foot high major wireless communications facility disguised as a date palm tree, and directed staff to prepare a resolution for consideration. The City Council upheld the Planning Commission's action approving the project. Resolution No. 98-92 has been prepared for the Council's consideration and reflects the implementation of Scheme 1 with a tight cluster of palm trees as approved by the Planning Commission (see attached plans). Community Development Director BE:cup98010ccreport2nd.doc Attachments: Submitted Plans, Scheme 1 Resolution No. 98-92 SITE: McFADDEN 5786 ADDRESS: 550 ~'. 6TM STREET, TUSTIN,' CA 92680 DRAWING: TITLE SHEET lJ~'~N~, ~.ALIFDJ~dlA 9~14 ('A4) ~ Ir~x ('714) SrFE: McFADDEN 5786 ADDRESS: 550 W. 6TM STREET TUSTIN, CA 92680 __ DRAWtN~,._ ELEVATION / PLAN I NO0 02' }~'W 2~1 SITE: McFADDEN 5786 I p.~,~G.. SITE PI~I · ADDRESS: 550 W. 6TM STREET TUSTIN, CA 92680 i ]. RESOLUTION NO. 98-92 10 ].4 ].6 20 2,2 2,3 24 25 26 2'7 2.8 ,29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 98-010 AND DESIGN REVIEW 98-008, A REQUEST TO ESTABLISH A 60 FOOT TALL MAJOR WIRELESS. COMMUNICATIONS FACILITY ON THE PROPERTY LOCATED AT 550 WEST 6TH STREET. The' City Council of the CitY of Tustin does hereby resolve as follows: Ao That a proper application for Conditional Use Permit 98-010 and Design Review 98-008 was filed by Nextel Communications to establish a major wireless facility located' behind the building at 550 West 6th' Street. A 60 foot tall monopole structure disguised as a date palm tree would contain fifteen (15) 1 foot by 4 foot antenna panels. B. That the proposed facility is consistent with the requirements of Tustin City Code Section 9276 et seq., relating to wireless communications facilities. Co That a public hearing was duly called, noticed and. held on said application on July 13, 1998, and continued to the August 10 and August 24, 1998 meetings by the Planning Commission. D. That on August 24, 1998 the Planning Commission approved Conditional Use Permit 98-010 and Design Review 98-008 by adopting Resolution No. 3601. E, That on September 8, 1998 the City Council appealed the Planning Commission's approval of the project. F, That a public hearing was duly called, noticed and held on said appeal on October 5, 1998 by the City Council at which time the City Council toOk action to uphold the Planning Commission's action on the project. G. That modification, maintenance, and operation of a major wireless communication facility, as conditioned, will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: l0 20 2! 24 25 2.7 29 Resolution No. 98-92 Page 2 H, 1) 2) The proposed 'facility, as conditioned, will not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility will be located behind a building in an Industrial zoning district, consistent with site selection criteria in Tustin City Code Section 9276(F)(2)(a)(3), which identifies placement in commercial and industrial zones as a preferred location for such facilities. Consistent with the Iocational guidelines in TCC Section 9276(H), the facility will be located in the Planned Industrial District and will not be located within 100 feet of any existing, legally established major wireless communication facility nor within 300 feet of residentially zoned or used property. The. proposed facility, as conditioned, is compatible with uses in the surrounding area in that the placement of five (5') additional date palms will minimize the visual intrusion on the surrounding community. Scheme 1, as approved' by the Planning Commission to include a cluster of two (2) fifty foot tall date palms and one (1) forty foot tall date palm, and a cluster of two (2) fifty foot tall date palms and the sixty foot tall monopalm will help to make the wireless facility appear more natural and less out of place. Consistent with TCC Section 9276(F)(1), the facility will be screened from view and will be located in close proximity to trees of comparable heights. Pursuant to Section 9272 of the Tustin Municipal Code, the Council finds that the location, size, architectural features and general appearance of the proposed facility will not impair the ordedy and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Council has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. o . , , · Location, height and standards of exterior illumination. Physical relationship of proposed improvements to existing structures in the neighborhood. Appearance and design relationship of proposed improvements to existing structures and possible future structures in the neighborhood and public thoroughfares. Development Guidelines and criteria as adopted by the City Council. ]? 2O 22 23 24 25 26 2? 29 Resolution No. 98-92 Page 3 This project has been determined to be categorically exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. J. That the project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The City Council hereby upholds the Planning Commission's action approving · Conditional Use Permit No. 98-010 and Design Review 98-008 authorizing establishment of a major wireless communication facility at 550 West 6th Street, subject to the Conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council at a regular meeting held on the 19th day of October, 1998. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 98-92 PAMELA STOKER, City Clerk and ex-offici° 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 5; that the above and .foregoing Resolution No. 98-92 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 19th day of October, 1998. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A CONDITIONS OF APPROVAL CUP 98-010 AND DR 98-008 OCTOBER 19, 1998 GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.6 The proposed project shall substantially conform with the submitted plans for the project date stamped October 19, 1998, on file with the CommunitY Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modification to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. Design Review approval shall become null and void unless building permits are issued within eighteen (18) months of the date of this Exhibit. The applicant shall sign and retum an Agreement to Conditions Imposed form prior to the issuance of any permits. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this projbct, subject to review and approval of plans by the Community Development Department. Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Engineering Division and shall include but not be limited to curb, gutter, street paving and drive apron. Design Review approval shall be' reviewed by the Community Development Director on October 19, 2003. The Director may recommend to the City Council modification to the existing conditions or impose neW conditions as part of such review to protect the public health, safety, community aesthetics and general welfare. SOURCE CODES' (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A- Conditions of App' Resolution No. 98-92 CUP 98-010 and DR 98-008 October 19, 1998 Page 2 (1) 1.7 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) Except as otherwise stated in Condition 1.2, Design Review approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. A copy of said lease shall be submitted to the Community Development Director prior to issuance of any permits. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the lease, the facilities shall be rem°ved from the subject property. PLAN SUBMITTAL (1) 2.1 At building permit plan check, the applicant shall submit three (3) complete sets of architectural, electrical and mechanical plans with the necessary structural calculations, specifications and details complying with the Uniform Building Code, other related Codes, City Ordinances and State and Federal Laws and regulations. The structural calculations and specifications shall be prepared by a Califomia registered civil or structural engineer. The. engineer's license number and license expiration date shall be indicated on the report. (1) 2,2 All grading, drainage, vegetation and circulation shall COmply with the City of Tustin Grading Manual. All street sectiOns, curbs, gutters, sidewalks, lighting and storm drains shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (6) 2.3 At building plan check, the applicant shall submit three (3) sets of landscaping and irrigation plans identifying the existing and proposed landscaping, planting details, and modifications to the existing irrigation system. The plan shall be prepared consistent with the City's landscaping and irrigation guidelineS. SITE PLAN/ELEVATIONS (4) 3.1 The number of antenna sectors shall be limited to the number shown on the approved plans. The location and configuration .of the antenna facility shall be restricted to the location and configuration shown on the approved plans. Exhibit A - Conditions of Ap' Resolution No. 98-92 CUP 98-010 and DR 98-008 October 19, 1998 Page 3 'al (4) 3.2 (4) 3.3 NOISE (1) 4.1 The installation of the facility shall be consistent with scheme 1 identifying the date palm trees planted in two tight clusters. A minimum of two (2) fifty foot tall date palms shall be provided in the right cluster, and two (2) fifty foot tall and one (1) forty foot tall date palms shall be provided in the left cluster. A 6 foot tall wrought iron fence shall be installed around the wireless facility to prevent unauthorized access to the facility, subject to final approval of the Community Development Department. The applicant shall prepare a preliminary report within 90 days of completion of the project demonstrating conformance with national standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be submitted to the Community Development Director. The condition of the palm trees is to be monitored by the Community Development Director. If the height, style or condition of the trees serves to lessen the visual mitigation of the communication facility, the Director can require that the trees be trimmed, altered, moved or replaced to ensure that the facility will'be screened and located in close proximity to trees of comparable heights. All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., MondaY through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official 'determines that said activity will be in substantial conformance with the Noise Ordinance and that public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or dudng progress of the work. , FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made .of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule.