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HomeMy WebLinkAbout03 CUP 02-010 DR 02-012Report to the ITEM NO. 3 Planning Commission DATE: NOVEMBER 12, 2002 SUBJECT: CONDITIONAL USE PERMIT 02-010 AND DESIGN REVIEW 02-012 APPLICANT: CINGULAR WIRELESS 2521 MICHELLE DRIVE, 2ND FLOOR TUSTIN, CA 92680 THE CONSULTING GROUP, INC. 5440 TRABUCO ROAD IRVlNE, CA 92620 ATTN: DUAN DAO PROPERTY OWNERS: GERALD STARK AND LOUISE MILLER 3146 RED HILL AVENUE COSTA MESA, CA 92625 LOCATION: 3097 EDINGER AVENUE ZONING: JAMBOREE PLAZA PLANNED COMMUNITY (PLANNED COMMUNITY INDUSTRIAL) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303, CLASS 3 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR CALIFORNIA ENVIRONMENTAL QUALITY ACT) REQUEST: AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS FACILITY DESIGNED AS A CLOCK TOWER BY EXTENDING AN EXISTING TOWER TO AN OVERALL HEIGHT OF FIFTY-FIVE (55) FEET AT THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD RECOMMENDATION That the Planning Commission adopt Resolution No. 3852 approving Conditional Use Permit 02-010 and Design Review 02-012. BACKGROUND The applicant is requesting approval to establish a major wireless facility for Cingular Wireless. The facility would be designed as a clock tower and extend an existing tower to Planning Commission Report CUP 02-010, Dr 02-012 November 12, 2002 Page 2 an overall height of fifty-five (55) feet. The site is located in the Planned Community Industrial (PC-IND) complex at the northwest corner of Jamboree Road and Edinger Avenue known as Jamboree Plaza (Attachment A - Location Map). The site is bounded by industrial/office development on the north and west, Jamboree Road on the east, and Edinger Avenue on the south. The maximum allowable height set forth by the Jamboree Plaza Planned Community is forty-five (45) feet. Additional building height is subject to approval of a conditional use permit if it is within the height restrictions imposed by the Airport Land Use Commission for John Wayne Airport. In addition, the proposed facility is considered a "Major Wireless Communication Facility" as defined by the Wireless Communication Facili~ Ordinance (Ordinance. No. 1192) since the height of the tower is more than ten (10) feet above the existing roofline and extends above the allowable height of the zoning district by ten (10) feet. As such, approval of a Conditional Use Permit and a Design Review by the Planning Commission is required. Project Description The proposed site is one of the two buildings in Jamboree Plaza with existing tower elements. The two buildings are located at the easterly portion of the site within the auto service/retail portion of the site. The two towers are identical and are designed at a forty- five (45) degree angle to each host building. The proposed host building is an automobile tire facility (Just Tires) located at the southeast corner of Jamboree Plaza, near the elevated portion of Jamboree Road. The existing tower would be extended from forty (40) feet to an overall height of fifty-four (54) feet and eight (8) inches (Attachment B - Submitted Plans). Given the raised height of Jamboree Road, the applicant has indicated that the increased height is needed to ensure adequate wireless service on Jamboree Road and Edinger Avenue. The extension is proposed as an open structure with a circular clock element at two opposite sides and two (2) hollow circles to match the clocks at the two other sides. The tower would be topped with a five (5) foot and six (6) inch fiberglass band that would be finished to match the stucco base of the tower; the upper portion of the tower would conceal twelve (12) antennas. The existing tower has a blue-gray stucco finish and the extension is proposed to match. Condition 2.2 would require the applicant to submit plans demonstrating that all materials and colors of the extension match the existing tower and that the opening in the top of the tower is covered or obscured so the interior equipment is not visible from Jamboree Road. The equipment will be installed within the mezzanine inside the tower structure and will be accessed with a ladder from the main building. An access door has been installed from the rooftop of the main building to the mezzanine. Since the door would be visible from Jamboree Road, Condition 2.3 is included to require the door be painted with a texture coat to match the adjacent stucco wall. Planning Commission Report CUP 02-010, Dr 02-012 November 12, 2002 Page 3 The applicant has provided photosimulations of various project views from adjacent areas (Attachment C - Photosimulations). The proposed clock tower would be visible from Jamboree Road, Edinger Avenue, and Tustin Legacy. However, given the raised height of Jamboree Road in close proximity to the site, the height of the tower is primarily visible from southbound Jamboree Road. In addition, the added height will appear as an architectural embellishment rather than a primary building mass (i.e., added floor). The design, height, and massing of the proposed tower is appropriate to the scale of the existing building, creates a focal point for the center, and complements the contemporary style of the buildings within Jamboree Plaza. The applicant has provided approval from the Federal Aviation Administration for the proposed height. The height of fifty-five (55) feet would not penetrate the "imaginary surface" as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC), which is approximately one hundred (100) feet at Jamboree Plaza. A number of conditions are included in Resolution No. 3852 to ensure compliance with the submitted plans, the City's Wireless Communication Facility Ordinance, and the Uniform Building Code. In addition, Condition 1.9 is included to require the applicant to consider co-location opportunities for other providers to limit proliferation of wireless communication facilities. Public Safety Communication System Interference The Federal Communication Commission has clarified that local governments may not consider the potential for radio frequency interference when considering approval or denial of a wireless communication facility. However, the applicant has proposed several operational standards for the facility to mitigate potential interference with the City's public safety radio signals. These operational standards have been included in Condition 1.8 of Resolution No. 3852. In addition, Conditions 3.3 and 3.4 require the applicant to comply with the FCC's standards and regulations and demonstrate compliance to the City on an annual basis. Condition 3.5 would require the applicant to notify the City if the ownership of the facility changes and allow the Community Development Director to determine whether notices should be mailed to owners and tenants within a 1,000 foot radius if it appears radio frequency interference may occur. ANALYSIS In approving this application, the Planning Commission will need to determine that the installation and operation of the facility 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, and the location, size, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. The proposed facility can be supported, as evidenced by the following findings: Planning Commission Report CUP 02-010, Dr 02-012 November 12, 2002 Page 4 a) The facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that proposed facility would appear to be a clock tower and the location is 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. The proposed site at Jamboree Plaza is within a Planned Community Industrial district. Consistent with the Iocational guidelines in TCC Section 9276(H), the facility 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 including the residential land uses in Tustin Legacy. The clock tower would be more than 300 feet to the centerline of Edinger Avenue and more than 220 feet to the centerline of Jamboree Road. b) The location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the facility is designed to complement the existing contemporary style of the structures within Jamboree Plaza in design, color, and texture. The design, height, and massing of the proposed tower is appropriate to the scale of the existing building, creates a focal point for the center, and complements the contemporary style of the buildings within Jamboree Plaza. c) The height increase of ten (10) feet above the maximum height of the zoning district is allowed by the Wireless Communication Facility Ordinance with the approval of a conditional use permit and is appropriate in that the facility is designed as an architectural embellishment that will complement the building and will appear as an architectural embellishment rather than primary building mass. d) The overall height of fifty-five (55) feet would not penetrate the "imaginary surface" which is approximately 100 feet in height at the project location as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC). e) As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and submit a certificate of compliance to the City on an annual basis. Minoo Ashabi Associate Planner Karen Peterson Senior Planner Attachments: A, B. C. D. Location Map Submitted Plans Submitted Photosimulations Resolution No. 3852 S:\Cdd\PCREPORT~CUP 02-010, DR 02-012-MA.DOC ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS _ tomo~lq AVENUE crrY MAP ~ · TUSTIN LEGACY (FORMERLY MARINE CORPS AIR STATION) COMMUTER RAI[OMMUTER RAIL STAnON $~ATION ATTACHMENT B Submitted Plans o , , -- ~:. C ..... r ............................... ~- ......................................... ~ ..... I - ,. ~ ~ ~ I , , ~ . ~ ', , ,, I ' ~-~ '*; ~ , I , -i ~ .. x ..... ~ ~ , : '~. , -... . ~ ~ ' --':~,;,~ ~ ', I -~' ~ ~ ' ~'// - '"'.'" -~;~ , ._~ ..... ~__X .......................... JZ ......... :.:_ ...... ;';,~?_ ........................................... Z Z i iI. OgS'ggg I~t.J! ~ll=l I i ~ o ~ ~ ' UO0~ pug "~y 3113H01~ .~ ::~_::~ ~ ..... . ., . ~ ..... ~ ~~~~~:~:"' '~ ~ ~.:~'.~ :-~. ~-:;_ .' '"~"~' i11' .'.' ~ ~' ' · . . .. . ~ '' '" . " . ~ . -. . . ".. '. :'. ,~ - '' ~ ~ _ ~ ,~ , .~.~1 · .~..~ , ~ - . ,. '-I'1'1~1~1 I I ..... , ....... I I I I I I I I~ It 4111 I~1,,,1,1,1~'"~-~,~,~,~ ~,~_.~ ATTACHMENT C Submitted Photosimulations CLOCK TOWER TO CONCEAL CINGULAR ANTENNAS VIEW FROM EDINGER LOOKING NORTHEAST :X ci'ngwU,,[ r C.R. CARNEY Architects, Inc. 12841 NEWPORT AVENUE TUSTIN, CA. 92780-2711 THOMAS GUIDE, PAGE 860, D-1 , CdNsL TING 5440 Trobuco Rood Irvine, California 92620 TEL: 949.387.0376 FAX: 949.387.5969 SC-51-03 "JUST TIRES" 3097 EDINGER AVE. TUSTIN, CA. 92780 CLOCK TOWER TO CONCEAL CINGULAR ANTENNAS VIEW FROM EDINGER LOOKING EAST EXISTING VIEW × cingwu,.l ,r C.R. CARNEY Architects, Inc. 12841 NEWPORT AVENUE TUSTIN, CA. 92780-2711 THOMAS GUIDE, PAGE 860, D-1 CdNSULTING 5440 Trabuco Road Irvine, California 92620 TEL: 949.387,0376 FAX: 949.387.5969 SC-51-03 "JUST TIRES" 3097 EDINGER AVE. TUSTIN, CA. 92780 t VIEW FROM JAMBOREE LOOKING WEST EXISTING VIEW ci-ngular WIRELESS iC.R. CARNEY Architects, Inc. 12841 NEWPORT AVENUE TUSTIN, CA. 92780-2711 THOMAS GUIDE, PAGE 860, D-1 C NSL TING 5440 Trobuco Rood Irvina, California 92620 TEL: 949.387.0376 FAX: 949.387.5969 SC-51-03 "JUST TIRES" 3097 EDINGER AVE. TUSTIN; CA. 92780 ATTACHMENT D Resolution No. 3852 RESOLUTION NO. 3852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 010 AND DESIGN REVIEW 02-012, AUTHORIZING ESTABLISHMENT OF A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-FIVE (55) FOOT CLOCK TOWER WITHIN JAMBOREE PLAZA LOCATED AT 3097 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 02-010 and Design Review 02-012, has been filed by Nextel Communication, requesting authorization to extend an existing forty (40) foot tower to fifty-five (55) feet to conceal a major wireless communication facility with three (3) sectors of four (4) antennas designed as a clock tower at 3097 Edinger Avenue. a. That the proposed use is allowed within the Planned Community Industrial (PC-IND) zoning district where major wireless communication facilities and building height above forty-five (45) feet can be authorized with approval of a Conditional Use Permit and a Design Review by the Planning Commission. C. That the proposed use is consistent with the General Plan Land Use Designation "Industrial," which provides for a variety of industrial and office uses. '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. D. That a public hearing was duly called, noticed, and held for said application on November 12, 2002, by the Planning Commission. E. That installation 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, and the location, size, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole as evidenced by the following findings: a. The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed location is consistent with site selection criteria in Tustin City Code Section 9276(F)(2)(a)(3) which identifies Resolution No. 3852 Page 2 F, placement in commercial and industrial zones as a preferred location for such facilities. The proposed site at Jamboree Plaza is within a Planned Community Industrial district. Consistent with the Iocational guidelines in TCC Section 9276(H), the facility 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 including the residential land uses in Tustin Legacy. The clock tower is more than 300 feet to the centerline of Edinger Avenue and more than 220 feet to the centerline of Jamboree Road. b, The location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the facility is designed to complement the existing contemporary style of the structures within Jamboree Plaza in design, color, and texture. The design, height, and massing of the proposed tower is appropriate to the scale of the existing building, creates a focal point for the center, and complements the contemporary style of the buildings within Jamboree Plaza. C, The height increase of ten (10) feet above the maximum height of the zoning district is allowed by the Wireless Communication Facility Ordinance with the approval of a conditional use permit and is appropriate in that the facility is designed as an architectural embellishment that will complement the building and will appear as an architectural embellishment rather than primary building mass. d, The overall height of fifty-five (55) feet would not penetrate the "imaginary surface" which is approximately 100 feet in height at the project location as defined in the Federal Aviation Regulation Part 77 and adopted by the Airport Land Use Commission (ALUC). e, As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and submit a certificate of compliance to the City on an annual basis. That the location, size, architectural features, and general appearance of the proposed modifications will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Planning Commission has considered the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Towers, chimneys, roof structures, flag poles, radio and television antennas. Resolution No. 3852 Page 3 6. Landscaping, parking area design, and traffic circulation. 7. Physical relationship of proposed structures to existing structures in the neighborhood. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. G, This project is Categorically Exempt pursuant to Section 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-010 and Design Review 02-012 requesting authorization to establish a fifty-five (55) foot tall major wireless facility with three (3) sectors of four (4) antennas designed as a stealth clock tower on an existing site at 3097 Edinger Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of November, 2002. Stephen V. Kozak Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3852 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of November, 2002. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 02-010 DESIGN REVIEW 02-012 CONDITIONS OF APPROVAL GENERAL (1) (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped November 12, 2002, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. The Conditional Use Permit and Design Review approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. The subject project approval shall become null and void unless permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. Approval of Conditional Use Permit 02-010, Design Review 02-012, is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Design Review 01-032, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3852 Exhibit A Page 2 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Conditional Use Permit/Design Review approval shall be reviewed by the Director of Community Development on November 12, 2007. The Director may recommend to the Planning Commission additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety, and general welfare. (1) 1.7 Except as otherwise stated in Condition 1.2, Conditional Use Permit and 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 agreement shall be submitted to the Community Development Director prior to issuance of any permits. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the lease, the facilities shall be removed from the property. 1.8 Operation of the wireless facility shall be in compliance with the proposed methods of operation as proposed by the applicant and noted on the plans: a. The applicant (Cingular Wireless) recognizes that the frequencies used by the cellular facility located at 14662 Newport Avenue are extremely.close to the frequencies used by the City of Tustin for public safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials- International, Inc. (APCO) and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, Cingular Wireless shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property. b. At all times, other than during the 24-hour cure period provided in item d. below, the applicant (Cingular Wireless) shall not prevent the City of Tustin from having adequate spectrum capacity on the City's 800 MHz radio frequency. Resolution No. 3852 Exhibit A Page 3 Co Before activating its facility, the applicant (Cingular Wireless) shall submit to a post-installation test to confirm that the "advanced planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner Department or a Division-approved contractor at the expense of the al~plicant. This post-installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. d. The applicant (Cingular Wireless) shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities (operated by Cingular Wireless) in the City of Tustin. e, The applicant (Cingular Wireless) shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number, and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. The applicant (Cingular Wireless) shall ensure that lessee or other users shall comply with the terms and conditions of this permit and shall be. responsible for the failure of any lessee or other users under the control of Sprint to comply. (7) 1.9 The applicant shall evaluate all requests for co-location on the facility by additional carrier(s) and make a good-faith determination of each such requesting carrier's compatibility with the applicant at this location. If, in the good-faith determination of the applicant, the co-location is technically compatible, then the applicant shall accommodate such additional carrier if applicable business terms can be successfully negotiated. PLAN SUBMITTAL (1) 2.1 At plan check, submit seven (7) sets of construction plans and two (2) sets of structural calculations prepared by a licensed engineer/architect. If applicable, provide two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineer/architect. No field changes shall be made without plan revisions submitted to and approved by the Community Development Department. (4) 2.2 The plans shall demonstrate that the design, color, and texture of the proposed clock tower matches the existing tower. The colors and materials shall be indicated on the elevations and shall be s~bject to field inspection. The plans shall also include a matching roof enclosure or Resolution No. 3852 Exhibit A Page 4 cover for the tower to obscure the interior of the tower from view of Jamboree Road. No exterior cables shall be permitted. (4) 2.3 Submitted plans shall indicate the access door to the mezzanine to be painted a textured color to match the adjacent stucco wall. (3) 2.4 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations applicable at the time. The City is currently enforcing the following: · 1998 California Building Code; · 1998 California Mechanical and Plumbing Codes; and, · 1998 California Electrical Code. (1) 2.5 The applicant shall submit approval of Jamboree Plaza Association and all easement holders including the avigation easement holders prior to issuance of a building permit. USE RESTRICTIONS (4) 3.1 The facilities shall be limited to three (3) antenna sectors with four (4) antennas (twelve antennas total) mounted and contained in a stealth clock tower with an overall maximum height of fifty-five (55) feet. All equipment shall be screened and located within the existing tower mezzanine level. The location and configuration of the antennas and the equipment shelter shall be restricted to the height, location, and configuration shown on the approved plans. ('1) 3.2 The structure and all related facilities shall be regularly maintained, painted, and inspected for safety and aesthetics in accordance with the approved plans. 3.3 Radio frequency emissions shall not exceed the radio frequency emission guidelines of the Federal Communications Commission (FCC), as such guidelines may be amended from time to time. 3.4 Prior to January 1, 2003, and prior to each January 1 thereafter, the operator shall file with the City of Tustin Community Development Department a certification of compliance with the guidelines of the Federal Communications Commission (FCC), prepared by an independent third party qualified to measure radio frequency emissions. (***) 3.5 If deemed necessary upon change of ownership, mailed notices to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference shall be done. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a Resolution No. 3852 Exhibit A Page 5 change of ownership. The cost of said notification shall be borne by the applicant and/or owner. 3.6 The applicant shall prepare a preliminary report within ninety (90) days of completion of the project demonstrating conformance with national standards established by the American National Standards Institute (ANSI) and the Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields and radio frequency radiation. Said report shall be submitted to the Community Development Director. NOISE (5) 4.1 All construction operations including engine warm up, delivery, and loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. 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. B.' Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.