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Home My WebLink About02 CUP 2013-07 & DR 2013-09 Mono-Eucalyptus Wireless1TY O AGENDA REPORT �sT~ MEETING DATE: TO: FROM: SUBJECT: JANUARY 28, 2014 PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT ITEM # 2 CONDITIONAL USE PERMIT 2013 -07 & DESIGN REVIEW 2013 -09 APPLICANT: VERIZON WIRELESS 15505 SAND CANYON AVENUE, BUILDING D IRVINE. CA 92618 PROPERTY OWNER: LBA REALTY FUND II- WBPII, LLC 17981 SKYPARK CIRCLE, SUITE H IRVINE, CA 92614 LOCATION: 3002 DOW AVENUE REQUEST: A REQUEST TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A FIFTY -FIVE (55) FOOT TALL MONO - EUCALYPTUS FAUX TREE WITH TWELVE (12) PANEL ANTENNAS AND ASSOCIATED EQUIPMENT. ENVIRONMENTAL: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4246 approving Conditional Use Permit (CUP) 2013 -07 and Design Review 2013 -09 to construct and operate an unmanned wireless telecommunications facility consisting of a fifty -five (55) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas and associated equipment located within the parking lot of 3002 Dow Avenue. APPROVAL AUTHORITY: Tustin City Code (TCC) Section 9276d requires Planning Commission approval of a conditional use permit prior to the establishment of a major wireless facility. The proposed facility is considered a major wireless facility because it is ground- mounted on private property. Section 9276e of the TCC requires design review approval prior to the establishment of any wireless facility within the City. BACKGROUND: The property is located within the Planned Community Industrial (PC IND) Zoning District and subject to the Irvine Industrial Complex Planned Community District regulations. The General Plan designation is Planned Community Commercial /Business, which allows for light industrial and professional office uses. The project site is located in an existing industrial office complex developed with approximately 192,000 square feet of tenant space and 640 parking spaces. Figure 1 PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 3 Similar light industrial and office uses are located within the Irvine Industrial Complex. The project site is bounded by Jamboree Road on the east, the Metrolink rail station and railway to the south, a single user moving company tenant to the west, and office buildings to the north. The easterly property line serves as the boundary between the City of Tustin and the City of Irvine. A public access walkway from Dow Avenue to the Metrolink station bisects the subject property and the property to the west. Pursuant to Section 9276h of the Tustin City Code, major wireless communication facilities shall not be located within 300 feet of any residentially zoned or used property. The closest residential uses to the proposed facility are located across Jamboree Road and well beyond 300 feet from the site. CONDITIONAL USE PERMIT: The proposed wireless facility would be located along the westerly property line within the parking lot, approximately 340 feet setback from Dow Avenue. Removal of three (3) parking stalls would be required to accommodate the facility. Forty -five (45) surplus parking stalls to those required on the property will still be available after the removal. Therefore, no impact to parking at the property is anticipated. The facility would be contained within an eight (8) foot high block wall enclosure. The applicant is proposing to plant vines along the perimeter of the enclosure in order to match the existing trash enclosures at the site. An existing planter area and fence on the backside of the facility would provide a buffer from the public walkway. Existing dense shrubs and trees along the walkway would screen the lower portions of the facility. I F0551BLE FVNRE EOUI AREA FOR A COLD ER j /' i — PROPOS VERIZON VE UW 5 INS AND ACOE55 PATH OF ' VEL Figure 2 �IItll��21i PROPOSED VERIZON WIRELESS LEASE' - I 5' -0' WIDE NON - EXCLUSIVE PEDESTRIAN ALLE55 PATH OF TRAVEL '.. PROPOSED VERIZON WIwlE55 _ EOUIPI- LEASE AREA •I _ PROPOSED VEwZON W BREW -1 � TGO JOINT TRENCH EL TO EOUIPHENf LEASE AREA i I I PROPOSED VEw erti eu ` POWER POL. Figure 2 �IItll��21i Ilk PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 4 As proposed, the facility meets many of the preferences as outlined in Section 9276 of the Tustin City Code. • Major wireless communication facilities are encouraged to locate and /or co- locate on properties which are located within Industrial (M) and Planned Community Industrial (PC -IND) zoning districts. • There are no other existing major wireless facilities within 100 feet of the proposed site. • The siting of the facility is in an area where the existing topography, vegetation, buildings, and other structures provide screening. • In addition, the applicant has identified the potential for co- location at the facility. The plans show possible locations to place future antennas and equipment for additional carriers. J Project Site - View Looking South Project Site - View Looking North Walkway at Project Site - Looking South Walkway at Project Site - Looking North PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 5 DESIGN REVIEW: The facility would comprise of a fifty -five (55) foot tall mono - eucalyptus faux tree with a total of twelve (12) panel antennas mounted to the structure. Three (3) larger branches would protrude from the trunk and contain the antennas at the top. Each branch would contain four (4) panel antennas and four (4) remote radio units (RRUs) with one (1) microwave dish mounted to a single branch. The overall diameter of the faux tree with branches is approximately twenty -three (23) feet. Height restrictions within the Irvine Industrial Complex Planned Community District Regulations are dictated by the Federal Aviation Administration (FAA). The applicant has provided a letter of determination of no hazard to air navigation from the FAA (Attachment D). The aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation. It was also determined that marking and lighting are not necessary for aviation safety. Elevations & Photo Simulation Existing mature eucalyptus trees in the vicinity of the project site make the proposed faux eucalyptus tree an appropriate design for the stealth facility. Staff has worked with the applicant to utilize a design which mimics the existing trees to the greatest extent possible. Exterior bark like material on the faux tree will be textured and painted to match the existing trees with plastic leaves of a similar shape and color to match as well. A smooth transition will be provided where the branches connect to the trunk to provide a seamless visual appearance. FINDINGS: In determining whether to approve the Conditional Use Permit and Design Review for the proposed unmanned major wireless telecommunications facility, the Planning Commission must determine whether or not the proposed use will be detrimental to the PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 6 health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, 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 that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. A decision to approve this request may be supported by the following findings: 1) The project is consistent with Section 9276 of the Tustin City Code pertaining to wireless communication facility regulations and guidelines in that the mono - eucalyptus wireless facility is a stealth facility with screened equipment located in a block wall enclosure and is located within the Planned Community Industrial (PC -IND) zoning district where major wireless facilities are encouraged to locate. 2) The proposed facility meets all of the distancing requirements outlined in Section 9276h of the Tustin City Code in that it would be more than 300 feet from any residential uses and more than 100 feet away from any legally established major wireless communication facility. The project site is not in the vicinity of any sensitive or residential uses where it would create a nuisance for the people residing or working in the area. 3) The location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the mono - eucalyptus would be of a stealth design to blend in with the existing mature eucalyptus trees, and all associated equipment would be screened within a block wall enclosure covered with vines. The project site has low visibility from the public right -of -way and is setback from Dow Avenue by over 300 feet with landscape screening adjacent to the public walkway. 4) The overall height of fifty -five (55) feet for the mono - eucalyptus faux tree would not infringe upon the Federal Aviation Administration airspace easement for John Wayne Airport. 5) As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and shall submit a post - installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. 6) The applicant has identified the potential for co- location of additional wireless carriers at the facility. PC Report January 28, 2014 CUP 2013 -07 & DR 2013 -09 Page 7 T Ryan Swi6ntek Senior Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans 6jgZK ��YdC// Elizabeth A. Binsack Community Development Director D. Federal Aviation Administration Letter E. Resolution No. 4246 ATTACHMENT A LOCATION MAP LOCATION MAP CUP 2013 -07 & DR 2013 -09 3002 DOW AVENUE I I 300' t 500' 1 I PROJECT SITE y, I R R T F q9 I 1 ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2013 -07 & DR 2013 -09 2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 3002 DOW AVENUE 4. APN(S):432- 502 -(04 -05) 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE PERTAINING TO WIRELESS 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL /OFFICE SOUTH: METROLINK/JAMBOREE PLAZA EAST: INDUSTRIAL /OFFICE WEST: INDUSTRIAL /OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: PC IND - PLANNED COMMUNITY INDUSTRIAL SOUTH: PC IND - PLANNED COMMUNITY INDUSTRIAL EAST: CITY OF IRVINE- INDUSTRIAL /COMMERCIAL USES WEST: PC IND- PLANNED COMMUNITY INDUSTRIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL /BUSINESS SOUTH: PC COMMERCIAL /BUSINESS EAST: CITY OF IRVINE WEST: PC COMMERCIAL /BUSINESS 9. SITE LAND USE: A. EXISTING: INDUSTRIAL /OFFICE B. PROPOSED: SAME C. GENERAL PLAN: PC COMMERCIAL /BUSINESS D. ZONING: PC IND PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 12 ACRES APPROX. 11. PARKING: 592 REQUIRED STALLS 640 PROVIDED STALLS 3 STALLS TO BE REMOVED 637 TO BE PROVIDED 12. MAXIMUM HEIGHT: DETERMINED BY THE FAA 55' TALL FACILITY APPROVED BY FAA 13. BUILDING SETBACKS: REQUIRED PROVIDED FRONT: 30 FEET APPROX. 340 FEET SIDE: 10 FEET APPROX. 18 FEET REAR: NONE APPROX. 390 FEET ATTACHMENT C SUBMITTED PLANS w 8 6 1 d 3 d d? d d 3 2 ipF[� D N W DOW - s@ lu ° i� 16 o o e ag¢ ^\ a f oils 3 w 11 W a � p� �R� W b yy g h �j f~W1 �` 9 R I Q�. 2 Uj n 6 x329 d 9�p3d b„ =aim jau O` Z0F 8 yam F. 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C +. w,l UI O O N 'r Cl) Cn II II II II N N N co C C U N E N U N LL V ■❑ O a O cn::)LL000U M. ❑ ■ ■ ■ M. t; a Cn N C7 a ■ PZI/z Twm 9 , "OY0041V& a& 0 LL LL 0 Q J U Z ■--� ■ 7 V ■ ■ �,. . ■ ■ L ,1 J i.] c,.) Z N r r � U N o 1 I � ' Nco V LP a) co YO t co ce) Qmo C aN CO Z J J fnL�7Ema) U) a) -3 @ r-- C C () U) •c: m m a) () U)DLL000U I. W Z J Q 'az z U) ti a h ?. S Y li t FJa pup u R.. 0 a:: { rt t } 67 a m C m a c� 0 O U Lq a c > m C R � •N N O C7 a` m 3 m m t Q' -0 _ E OI of CU C° m m t Z m" 0- Loo n m y '00 O 0 7I r � a0 CA r m N O `I O O a) E r LI CD a) a a' A A A A J a E ° m W U —� ❑�® m ®❑■■■■ c) m ¢ L) cn _..,.� ...\ .. p m C m a c� 0 O U Lq a c > m C R � •N N O C7 a` VeriZLlwireless Verizon Wireless 15505 Sand Canyon Ave. Building D -1 Irvine, QA 92616 RECEIVED October 15, 2013 NOV 4 2013 COMMUNITY DEVELOPMEN, BY: Subject: FCC RF Emissions Compliance Verizon Wireless' (VZW) Proposed Telecommunications Facility, 3002 DOW AVENUE, TUSTIN, CA 92780 ( "SINCLAIR ") Verizon Wireless' Network Engineering Department conducts radio frequency (RF) emission studies on all sites. The RF emission study is conducted pursuant to the guidelines and specifications provided in FCC OET Bulletin No. 65, Edition 97 -01 dated August 1997, entitled Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields. All transmit and receive equipment is manufactured to meet strict FCC requirements. Prior to use, the equipment must have FCC approval as to design, use and technical parameters. The study evaluated RF emission levels at publicly accessible areas around the Verizon Wireless antennas. The calculations are made assuming 'worst case' conditions i.e., all transmitters operating simultaneously at their maximum power excluding any attenuation. Based upon Verizon Wireless' engineering study and analysis, this telecommunications facility does not exceed the general population exposure limits in locations that are accessible to the general public, and is in compliance with the FCC's RF emission regulations. Verizon Wireless is committed to assuring the safety and welfare of its employees, the public and the environment. Should you have any additional property related concerns, please contact our property management at (949) 286 -8711. Thank you, Timothhy�'atricia Principal RF Engineer Verizon Wireless (949) 286 -8763 F.11 111 r_luaeILy,Iaki �n Federal Aviation Administration Letter Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date: 08/20/2013 ;Mikhail Raznobriadsev Los Angeles SMSA Limited Partnership 1120 Sanctuary Prkwy Suite 150 GASA5RFG Alpharetta, GA 30004 1 Aeronautical Study No. 2013 -AWP- 4281 -OE f,��i7�1'•1;� "r7 NOV 142013 COMMUNITY DEVELOPMENT BY: ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Monopole Sinclair Location: Tustin, CA Latitude: 33- 42- 31.74N NAD 83 Longitude: 117-48-20,99W Heights: 59 feet site elevation (SE) 65 feet above ground level (AGL) 124 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460 -2, Notice of Actual Construction or Alteration, be e -filed any time the project is abandoned or: At least 10 days prior to start of construction (7460 -2, Part I) _X Within 5 days after the construction reaches its greatest height (7460 -2, Part II) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460 -1 K Change 2. This determination expires on 02/20/2015 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460 -2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE &FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration , including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless of its position, should be reported immediately to (877) 487 -6867 so a Notice to Airmen (NOTAM) can be issued. As soon as the normal operation is restored, notify the same number. A copy of this determination will be forwarded to die Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (310) 725 -6557. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2013 -AWP- 4281 -OE. Signature Control No: 193912952 - 196620904 Karen McDonald Specialist Attachment(s) Case Description Frequency Data Map(s) cc: FCC Page 2 of 6 (DNE) New proposed 65' monopine Case Description for ASN 2013 -AWP- 4281 -OE Page 3 of 6 Frequency Data for ASN 2013 -AWP- 4281 -OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MIIz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MIIz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MIIz 2000 W Page 4 of 6 Verified Map for ASN 2013- AWP4281 -OE Page 5 of 6 Sectional Map for ASN 2013- AWP4281 -OE Page 6 of 6 ATTACHMENT E RESOLUTION NO. 4246 RESOLUTION NO. 4246 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -07 AND DESIGN REVIEW 2013 -09 AUTHORIZING THE CONSTRUCTION AND OPERATION OF AN UNMANNED MAJOR WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A FIFTY -FIVE (55) FOOT TALL MONO - EUCALYPTUS FAUX TREE WITH TWELVE (12) PANEL ANTENNAS AND ASSOCIATED EQUIPMENT LOCATED AT 3002 DOW AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2013 -07 and Design Review 2013 -09 was filed by Core Development Services on behalf of Verizon Wireless requesting authorization to construct and operate an unmanned major wireless telecommunication facility consisting of a fifty - five (55) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twelve (12) RRU's, one (1) microwave dish, three (3) GPS antennas, and associated equipment contained within a block wall enclosure located at 3002 Dow Avenue. B. That the Planned Community Industrial zoning designation, Irvine Industrial Complex Planned Community District regulations, and General Plan land use designation of Planned Community Commercial /Business provide for a variety of commercial, office, and light industrial uses. In addition, 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. C. That Sections 9276d and 9276e of the Tustin City Code require approval of a conditional use permit and design review prior to the establishment of a major wireless facility. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -07 and Design Review 2013 -09 on January 28, 2014, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, 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 in that: Resolution No. 4246 Page 2 1. The project is consistent with Section 9276 of the Tustin City Code pertaining to wireless communication facility regulations and guidelines in that the mono - eucalyptus wireless facility is a stealth facility with screened equipment located in a block wall enclosure and is located within the Planned Community Industrial (PC -IND) zoning district where major wireless facilities are encouraged to locate. 2. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the Tustin City Code in that it would be more than 300 feet from any residential uses and more than 100 feet away from any legally established major wireless communication facility. The project site is not in the vicinity of any sensitive or residential uses where it would create a nuisance for the people residing or working in the area. 3. The overall height of fifty -five (55) feet for the mono - eucalyptus faux tree would not infringe upon the Federal Aviation Administration airspace easement for John Wayne Airport. 4. As conditioned, the applicant is required to comply with the FCC guidelines related to radio frequency emissions and shall submit a post - installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety radio equipment. 5. The applicant has identified the potential for co- location of additional wireless carriers at the facility. F. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that the mono - eucalyptus would be of a stealth design to blend in with the existing mature eucalyptus trees, and all associated equipment would be screened within a block wall enclosure covered with vines. The project site has low visibility from the public right -of -way and is setback from Dow Avenue by over 300 feet with landscape screening adjacent to the public walkway. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Towers and antennae. Resolution No. 4246 Page 3 Physical relationship of proposed structure to existing structures. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Development guidelines and criteria as adopted by the City Council. H. 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). The Planning Commission hereby approves Conditional Use Permit 2013 -07 and Design Review 2013 -09 authorizing the construction and operation of an unmanned major wireless telecommunication facility consisting of a fifty -five (55) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twelve (12) RRU's, one (1) microwave dish, three (3) GPS antennas, and associated equipment contained within a block wall enclosure located at 3002 Dow 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 28th day of January, 2014. STEVE 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. 4246 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of January, 2014. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4246 CONDITIONAL USE PERMIT 2013 -07 AND DESIGN REVIEW 2013 -09 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped January 28, 2014, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless building permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2013 -07 and Design Review 2013 -09 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. (1) 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW * ** EXCEPTIONS Exhibit A Resolution No. 4246 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 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. 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) 1.8 Conditional Use Permit 2013 -07 and Design Review 2013 -09 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval included in this Exhibit or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Except as otherwise stated in Condition 1.3, Conditional Use Permit 2013 -07 and Design Review 2013 -09 approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. 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 and the site restored to the original condition. (1) 1.10 The frequencies used by the wireless facility shall not interfere with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). (1) 1.11 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 shall provide a 24 -hour phone number to which interference problems may be reported. To ensure continuity on all interference issues the name, telephone number, fax number, and e- mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of the facility. This condition will also apply to all existing facilities (Verizon) in the City of Tustin. The applicant shall file the accessory equipment identification number, company name, person responsible for maintenance of the Exhibit A Resolution No, 4246 Page 3 accessory equipment, and the phone number with the Public Works Department. b. The applicant shall ensure that lesee or other users shall comply with the terms and conditions of Conditional Use Permit 2013 -07 and Design Review 2013 -09 and shall be responsible for the failure of any lesee or other users under the control of the applicant to comply. c. 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. The applicant shall provide to the Community Development Department a pre and post - installation test showing compliance with the guidelines established by the FCC. USE RESTRICTIONS (1) 2.1 The facility shall be limited to a fifty -five (55) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twelve (12) remote radio units, one (1) microwave dish, three (3) GPS antennas, and the associated equipment located in a block wall enclosure. (1) 2.2 The mono - eucalyptus and all related facilities shall be regularly maintained and inspected for safety and aesthetics by the applicant in accordance with the approved plans. (1) 2.3 The equipment shall not bear any signs or advertising devices (other than certification, warning, or other required seals or signage). (1) 2.4 Utilities associated with the proposed facility which are not contained within the proposed block wall enclosure, such as but not limited to telecommunication and power supplies, shall be located underground. (1) 2.5 All exterior treatments shall be consistent with the submitted plans and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. (1) 2.6 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. All requests for co- location shall be reviewed and approved by the City. Exhibit A Resolution No. 4246 Page 4 (1) 2.7 Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the applicant shall be responsible for removing graffiti from accessory equipment within forty -eight (48) hours. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. (1) 2.8 The accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. (1) 2.9 Prior to building permit issuance, the applicant shall post a bond with the City to ensure that the facility is built to the specifications and design as represented in the approved Design Review and building plans. Final design and materials are subject to review and approval by the City (1) 2.10 The proposed antenna panels shall be painted to match the mono - eucalyptus. (1) 2.11 No trees shall be relocated or removed to accommodate the project. The applicant shall make a note to this effect on the plans. (4) 2.12 The property owner and applicant shall ensure proper maintenance of the existing mature landscaping for purposes of screening the facility. Trees and shrubs in the vicinity of the wireless facility shall not be cut back extensively or removed so as to minimize screening of the wireless facility. Removal of any trees or shrubs in the future shall require adequate replacement subject to the approval of the Community Development Department. (4) 2.13 Additional landscaping may be required for screening purposes of the wireless facility subject to field inspection by the Community Development Department prior to final building permit approval. (1) 2.14 The applicant shall be responsible for obtaining any required approvals or clearances from the applicable easement holders for access or improvements in any easement areas. NOISE (1) 3.1 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 Exhibit A Resolution No. 4246 Page 5 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. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Ordinance. BUILDING DIVISION (3) 4.1 Building and electrical permits are required for the proposed work. (3) 4.2 At the time of building permit application, the plans shall comply with the 2013 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 5.1 Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a plan for review and approval of the proposed battery, "for any system containing an aggregate quantity of electrolyte with hazard classification(s) in excess of the permit issuance threshold amount listed in CFC Appendix Chapter 1, Section 105." The applicant may contact the OCFA at (714) 573 -6100. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall be required based upon those rates in effect at the time of payment and are subject to change. a. All applicable Building and Planning plan check and permit fees and Orange County Fire Authority fees shall be paid to the Community Development Department. b. Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) 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.