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HomeMy WebLinkAboutPC RES 4246RESOLUTION 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: I. 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 5. Physical relationship of proposed structure to existing structures. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 7. Development guidelines and criteria as adopted by the City Council. 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 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. "41__ -9TEVEUOZAK 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 lessee 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 lessee 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 following notification. 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.