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HomeMy WebLinkAbout02 PC AGENDA REPORTITEM # 2 AGE, NDA REPORT �S,t1 MEETING DATE: MAY 13, 2014 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2013 -13 & DESIGN REVIEW 2013 -11 APPLICANT: AT &T 1265 VAN BUREN STREET ANAHEIM, CA 92807 PROPERTY OWNER: IJAISWAL PROPERTIES LLC 14450 CHAMBERS ROAD TUSTIN, CA 92780 LOCATION: 14450 CHAMBERS ROAD REQUEST: A REQUEST TO CONSTRUCT AND OPERATE A WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A FIFTY (50) 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 May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4256 approving Conditional Use Permit (CUP) 2013 -13 and Design Review (DR) 2013 -11, a request to construct and operate a wireless telecommunications facility consisting of a fifty (50) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas and associated equipment to be located behind the existing building at 14450 Chambers Road. 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. PC Report May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 3 Similar light industrial uses are located within the Irvine Industrial Complex. The project site is bounded by Chambers Road on the northwest and southwest, a light industrial building to the northeast, and a religious facility to the southeast. CUP 2013 -13 and DR 2013 -11 were originally scheduled for consideraton by the Planning Commission on April 8, 2014, but were tabled by the Commission to provide adequate time for staff to review revised plans and photo simulations which reflected changes to the proposed location of the facility. CONDITIONAL USE PERMIT: The proposed facility would consist of a ground- mounted, freestanding fifty (50) foot tall mono - eucalyptus faux tree that would be located directly adjacent to the existing building, and set back approximately 170 feet from Chambers Road (see Site Plan). The ground equipment for the facility is proposed to be located within the existing building with the exception of two (2) condensing units proposed within a walled enclosure adjacent to the building (Attachment C — Sheet A -1). PC Report May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 4 The applicant is proposing to plant five (5) trees adjacent to the existing building and four (4) trees along Chambers Road to match the existing streetscape trees within the existing landscaped area. The existing and proposed trees along Chambers Road would screen the lower portions of the facility from some angles, while the proposed trees adjacent to the building would provide some visual landscape balance to the site, and also would partially screen the proposed facility from public view. Proposed ' :• •. +, '• •\ Equipment R a � �;•' ,[, r.ro . �,, Proposed (2) New Trees unr[e ''\ A1.1 .'n:.... MI. �� <��% � �awv•m ro rm�� c - - -__ Proposed (4) , New Street �_ � E, 0 ��;�;; °' Trees ai APH: u: -n: -o. _ /\ .. �RI4�MM�tj'3 agYla � \ \\ rR(WC•M1[(L 1M t T19 T6[. ,r•mriir v[en � �/ Proposed �swTM ® Wireless ffi ..rrs.un rmrvr /' [Y[IpM1M lM. • Facility h ( � v \ SFProposed (3) ' �� New Trees i Site Plan PC Report May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 5 • ^- ^ ° ^• "^ Proposed (3) ..:°��° m'.- -_ Proposed New Trees "'"`�°' "' °'°'�°'� `�I Wireless Facility MM� F .dam M— u e ! , Proposed (1) ii New Trees Elevation As proposed, the facility meets many of the preferences as outlined in Section 9276 of the TCC, as follows: • Major wireless communication facilities are encouraged to locate and /or co- locate on properties which are located within Industrial (M) and PC IND zoning districts. • There are no other existing major wireless facilities within 100 feet of the proposed site. • The proposed facility is located in an area that will minimize its aesthetic intrusion on the surrounding community. • The siting of the proposed facility is in an area where the existing topography, vegetation, buildings, and other structures provide screening. • The proposed facility is in accordance with the City's Design Review criteria. • 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 within the Laurelwood community and well beyond 300 feet from the site. DESIGN REVIEW: The proposed facility would consist of a fifty (50) 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 eight (8) remote radio units (RRUs). The overall diameter of the faux tree with "branches" is approximately sixteen (16) feet. PC Report May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 6 The property at 14450 Chambers Road is a corner lot developed with a single -story tilt - up light industrial building approximately fifteen (15) feet in height. Other buildings in the vicinity are no taller than two stories in height. There are existing mature trees on the site and on adjacent sites. However, the heights of these trees are significantly lower than the proposed facility. Existing mature eucalyptus trees in the general vicinity of the project site make the proposed faux eucalyptus tree the most appropriate faux tree design for the facility. Staff has worked with the application to identify the least visible location on the site for the proposed facility, so that the facility is not a dominant, prominent feature on the horizon. Height restrictions within the Irvine Industrial Complex Planned Community District Regulations are dictated by the Federal Aviation Administration (FAA). Condition 2.15 requires the applicant to provide a letter of determination of no hazard to air navigation from the FAA. The study must determine that the structure would not exceed obstruction standards and would not be a hazard to air navigation. ALTERNATIVE SITES AND COVERAGE ISSUES: The applicant submitted an Alternative Sites Analysis and a Mobile Radio Frequency Statement (MRFS) with coverage maps (Attachments D and E) as supplements to the original application. The Alternative Sites Analysis identifies several potential alternative sites for the proposed wireless communications facility and briefly explains the applicant's rationale for not selecting the alternative site. According to the applicant's analysis, some of the alternative sites are not available, some are outside of the coverage objective area, and some are within the Planned Community Commercial (PC COMM) zoning district which is less preferred than an industrial location. The properties on Chambers Road and Franklin Avenue to the north of the subject property, which are combined under Alternative 11, were determined in the analysis to be not less intrusive than the proposed facility and may not close the gap coverage. The MRFS submitted by the applicant indicates that the applicant has a significant service coverage gap in the area of the proposed facility. The accompanying maps show the existing coverage and the proposed coverage with a site at 14450 Chambers Road. FINDINGS: In determining whether to approve the CUP and DR for the proposed wireless telecommunications facility, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, or 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 whether the location, size, architectural features, and general appearance of the proposal will impair the orderly and harmonious development of PC Report May 13, 2014 CUP 2013 -13 & DR 2013 -11 Page 7 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 TCC pertaining to wireless communication facility regulations and guidelines in that the mono - eucalyptus wireless facility is a stealth facility with equipment to be located within the existing building and within a block wall enclosure and is located within the 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 TCC 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 and proposed eucalyptus trees in the general vicinity, and all associated ground equipment would be located within the existing building and a walled enclosure. The project site has limited visibility from the public right -of -way and is setback from Chambers Road by over 170 feet with existing and proposed landscape screening adjacent to the building and the public right -of -way. 4) The overall height of fifty (50) feet for the mono - eucalyptus faux tree would not infringe upon the FAA 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. Scott Reekstin Elizabeth A. Binsack Principal Planner Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Alternative Sites Analysis E. AT &T Mobility Radio Frequency Statement F. Resolution No. 4256 ATTACHMENT A Location Map LOCATION MAP CUP 2013 -13 & DR 2013 -11 14450 CHAMBERS ROAD I PROJECT SITE I ?4. ti J`� 300' I ,D s EAl NUU9t RILL MEA X 0 3211 ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2013 -13 & DR 2013 -11 2. LOCATION: IRVINE INDUSTRIAL COMPLEX 3. ADDRESS: 14450 CHAMBERS ROAD 4. APN(S):432- 472 -01 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: NONE PERTAINING TO WIRELESS 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL /OFFICE SOUTH: INDUSTRIAL /OFFICE /RELIGIOUS FACILITY EAST: INDUSTRIAL /OFFICE WEST: INDUSTRIAL /OFFICE 7. SURROUNDING ZONING DESIGNATION: NORTH: PC IND - PLANNED COMMUNITY INDUSTRIAL SOUTH: PC IND - PLANNED COMMUNITY INDUSTRIAL EAST: PC IND- PLANNED COMMUNITY INDUSTRIAL WEST: PC IND- PLANNED COMMUNITY INDUSTRIAL S. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMMERCIAL /BUSINESS SOUTH: PC COMMERCIAUBUSINESS EAST: PC COMMERCIAL /BUSINESS 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: 42.000 SQUARE FEET APPROX. 11. PARKING: 27 PROVIDED STALLS 0 STALLS TO BE REMOVED 27 TO BE PROVIDED 12. MAXIMUM HEIGHT: DETERMINED BY THE FAA 13. 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"r; Wo W H f t. ca M W NOIldOOI `JNIISIX3 ATTACHMENT D Alternative Sites Analysis Alternative Sites Analysis at &t LIVE EUCALYPTUS TREE 'ONCE MATURE' PROPOSED AT&T (5) LIVE \`q q ^� 4 - a•: Z � ( ,_,ms's* <, -��xi �I - , ■ �� �� (E) 10'- O'Wa5' -4°N. CMU WALL i. PAINT AND TEXTURED TO AT &T Mobility Wireless Telecommunications Facility at 14450 Chambers Road Tustin, CA 92780 Site ID: CLU3331 I Introduction New Cingular Wireless PCS, LLC d/b /a AT &T Mobility ( "AT &T ") has identified a significant gap in its service coverage in Tustin. AT &T proposes to install a stealth wireless communications facility ( "WCF ") at 14450 Chambers Road ( "Proposed Facility ") as a means to fill this gap in coverage. The Proposed Facility consists of nine panel antennas on a monopole disguised as a 50 -foot tall faux eucalyptus tree. AT &T is also proposing to plant new eucalyptus trees on the property in order to augment the stealth nature of the Proposed Facility. The related equipment will be located within the existing warehouse building in a 12'x10' equipment room. The Proposed Facility is the least intrusive means to fill the significant gap of the alternatives investigated by AT &T as explained below. Objective AT &T Mobility has identified a significant gap in its service coverage in Tustin, in an area roughly bordered by Elder Lane and Dahlia Drive to the north, Morning Glory Road to the west, Sinclair Court to the east, and Dow Avenue to the south. The Proposed Facility will improve coverage to the surrounding residential neighborhoods with dozens of homes, key commercial and industrial corridors, and various other points of interest in the immediate vicinity. The service coverage in this area is described in AT &T's Radio Frequency Engineering Statement. The most recent traffic data available from Google Earth Pro for this area indicate that the average traffic along Walnut Avenue near Tustin Ranch Road was approximately 27,244 vehicles per day in 2012, and the average traffic along Franklin Avenue near Walnut Avenue was approximately 8,565 vehicles per day in 2012. Methodology and Zoning Criteria The location of a WCF to fill a significant gap in coverage is dependent upon topography, zoning, existing structures, collocation opportunities, available utilities, access and a willing landlord. Wireless communication is line -of -sight technology that requires WCFs to be in relatively close proximity to the wireless handsets to be served. AT &T seeks to fill a significant gap in service coverage using the least intrusive means under the values expressed in the Tustin Municipal Code ( "Code "). Thus, AT &T is guided by Section 9276 of the Code (Wireless Communication Facility Regulations and Guidelines), and in particular, the site selection order of preference under Section 9276(f)(2), the locational criteria under Section 9276(g), and the additional locational guidelines for major WCFs under Section 9276(h). For example, the Code discourages WCFs on or near residential property (Section 9276(g)(1), (h)(1)). The Code encourages WCFs in Planned Community Industrial (PC IND zoning districts (Section 9276(h)(4)). 2 Analysis AT &T investigated potential alternatives for facilities to fill the identified coverage gap in Tustin. There are no collocation opportunities in the search area. All of the properties north and west of Tustin Ranch Road are single - family homes so those areas were ruled out of consideration. The properties to the south and east of Tustin Ranch Road that are in or near the search area are commercial, professional and industrial buildings no taller than three stories. AT &T would need a fifty -foot tall (five -story) building in order to place its antennas in some sort of architectural feature on a rooftop to conceal the facility. Following is a map showing the locations of these alternatives. The alternatives are discussed in the analysis which follows. Location of Candidate Sites j Proposed Tacility Altemative-Candidate Proposed Facility —14450 Chambers Road Conclusion: Based upon location, a willing landlord and the superior coverage as shown in the proposed coverage map included in AT &T's Radio Frequency Statement, the Proposed Facility is the least intrusive means for AT &T to meet its service coverage objective. EI This building is located in a Planned Community Industrial (PC IND) zoning district. AT &T proposes to locate nine panel antennas on a monopole disguised as a 50 -foot tall faux eucalyptus tree. AT &T is also proposing to plant new eucalyptus trees on the property in order to augment the stealth nature of the Proposed Facility. The related equipment will be within the existing warehouse building in a 12'x10' equipment room. The Proposed Facility is a stealthy installation that will be fully screened from public view and will not have meaningful visual impact. The Proposed Facility is the least intrusive means by which AT &T can close its significant service coverage gap. Alternative Site I — Crossroad Church, 2472 Walnut Avenue Conclusion: Not available; more intrusive than Proposed Facility This church is located in a Planned Community Commercial (PC COM) zoning district near the intersection of Tustin Ranch Road and Walnut Avenue. Even though AT &T would have had to sacrifice for less coverage with this candidate, it was willing to consider a rooftop design at this location in order to propose the most compatible design for the City's consideration. AT &T spent nearly two months calling, emailing, and sending certified letters to the crossroads church. The church finally told us they were not interested in leasing space to AT &T for a wireless facility. Further, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this property. Alternative Site 2 — Commercial Building, 2552 Walnut Avenue Conclusion: Not available; more intrusive than Proposed Facility This commercial building is located in a Planned Community Commercial (PC COM) zoning district. The owner is this commercial building was not interested in leasing space to AT &T for a wireless facility. Further, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this property. 0 Alternative Site 3 — Retail Property, 2452 Walnut Avenue Conclusion: Not feasible; more intrusive than Proposed Facility This is a single story retail strip -mall located in a Planned Community Commercial (PC COM) zoning district. The rooftop is not tall enough for a wireless facility to effectively fill AT &T's gap in coverage. There was not sufficient space anywhere else on this property to propose a faux tree, nor would that proposal be any less visibly intrusive than our current proposal. Further, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this property. 7 Alternative Site 4 — Industrial Buildings, 14441,14451 and 14471 Chambers Road Conclusion: Not available These two -story industrial buildings are located in the same Planned Community Industrial (PC IND) zoning district as the Proposed Facility. AT &T proposed a facility at the middle of the three properties located on the west side of Chambers Road. These properties have a reciprocal parking agreement and the owner of the east -most building refused to enter into an agreement with AT &T that would affect their parking agreement. Alternative Site 5 — Industrial Buildings, 14662 Franklin Avenue Conclusion: Not feasible; no less intrusive than Proposed Facility These industrial buildings are located in a Planned Community Industrial (PC IND) zoning district outside of the search area and, therefore, would not effectively fill AT &T's gap in coverage. They are also single story buildings so a rooftop design would not be feasible at this location. Even if a wireless facility here would close AT &T's gap in coverage, a site here would not be less intrusive than the Proposed Facility. Alternative Site 6 — Professional Building, 14661 Franklin Avenue Conclusion: More intrusive than Proposed Facility This professional building is located in a Planned Community Commercial (PC COM) zoning district. The Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this property 10 Alternative Site 7— Professional Building, 2492 Wain tit Avenue Conclusion: More intnisive than Proposed Facility This professional building is located in a Planned Community Commercial (PC COM) zoning district. The Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this property Alternative Site 8 — Magnolia Tree Park Conclusion: More inbzsive than Proposed Facility This park is located in a Public and Institutional (P &I) zoning district outside of the search area. It is unlikely that a WCF here could close AT &T's significant service coverage gap. Further, this park is surrounded by residences and a site here could not be placed more than 300 feet from nearby residences as required by Section 9276(h)(1). Additionally, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this park. 12 Alternative 9 — Laurelwood Park Conclusion: More intrusive than Proposed Facility This park is located in a Public and Institutional (P &I) zoning district approximately one quarter mile to the north of the search area. It is unlikely that a WCF here could close AT &T's significant service coverage gap. Further, this park is surrounded by residences and a site here could not be placed more than 300 feet from nearby residences as required by Section 9276(h)(1). Additionally, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this park. 13 Alternative 10— W. R Nelson Elementary School Conclusion: More intrusive than Proposed Facility This elementary school is located in a Public and Institutional (P &I) zoning district approximately three - tenths of a mile to the northwest of the search area. It is unlikely that a WCF here could close AT &T's significant service coverage gap. Further, the Proposed Facility is located in a more preferred zoning district pursuant to Section 9276(h)(4) of the Code. Accordingly, the Proposed Facility is less intrusive than this school property. I[l Alternative 11— CommerciaUlndustrial Buildings, Chambers Road and Franklin Avenue Conclusion: Not less intrusive than Proposed Facility These many commercial and industrial buildings are located to the north of the Proposed Facility in the same Planned Community Industrial (PC IND) zoning district. There are no less intrusive locations in this area in which to locate a WCF. These properties are not less intrusive than the Proposed Facility. Further, properties to the north may not be feasible to close AT &T's gap in coverage because they are outside of the coverage objective and too close to an existing AT &T site along Interstate 5. Alternative Design Considerations AT &T initially proposed a 50 -foot tall faux pine tree on the northeast comer of the property. Following discussions with the city, AT &T agreed to change its design to a faux eucalyptus tree to match the existing vegetation in the area. AT &T also agreed to move the proposal to a different location on the property and to plant new eucalyptus trees on the property, so that the faux eucalyptus tree will better blend with existing vegetation. The city recommended the planting of additional trees and shrubs along the green belt in front of the proposed facility. These trees and shrubs were provided in the design as reflected in the photo simulation as requested by the city of Tustin. Conclusion The Proposed Facility is the least intrusive means by which AT &T can close its significant service coverage gap in this portion Tustin. 15 KIN 11 _Ta:IkhI=IIIa4 AT &T Mobility Radio Frequency Statement AT &T Mobility Radio Frequency Statement 14450 Chambers Road, Tustin, CA STATEMENT OF ROBERT PUNSALANG I am the AT &T radio frequency engineer assigned to the proposed wireless communications facility at 14450 Chambers Road, Tustin, CA (the "Property "). Based on my personal knowledge of the Property and with AT &T's wireless network, as well as my review of AT &T's records with respect to the Property and its wireless communications facilities in the surrounding area, I have concluded that the work associated with this permit request is needed to close a significant service coverage gap in an area roughly bordered by Elder Lane and Dahlia Drive to the north, Morning Glory Road to the west, Sinclair Court to the east, and Dow Avenue to the south. To remedy this service coverage gap, AT &T needs to construct a new wireless communications facility. The service coverage gap is caused by inadequate infrastructure in the area. As explained further in Exhibit 1, AT &T's existing facilities cannot adequately serve its customers in the desired area of coverage, let alone address rapidly increasing data usage. Moreover, 4G LTE service coverage has not yet been fully deployed in this area. The site will not only close the gap in coverage and help address rapidly increasing data usage driven by smart phone and tablet usage, but it will also include 4G LTE service coverage. This site is part of an effort to bring 4G LTE technology to Tustin. AT &T uses industry standard propagation tools to identify the areas in its network where signal strength is too weak to provide reliable in- building service quality. This information is developed from many sources including terrain and clutter databases, which simulate the environment, and propagation models that simulate signal propagation in the presence of terrain and clutter variation. AT &T designs and builds its wireless network to ensure customers receive reliable in- building service quality. In- building service is critical as customers increasingly use their mobile phones as their primary communication device (approximately 40% of American households are now wireless only) and rely on their mobile phones to do more (E911, GPS, web access, text, etc.). Exhibit 2 is a map of the existing UMTS 3G service coverage (without the proposed installation at the Property) in the area at issue. It includes service coverage provided by existing AT &T sites. The green shaded areas depict areas within a signal strength range that provide acceptable in- building service coverage. In- building coverage means customers are able to place or receive a call on the ground floor of a building. The yellow shaded areas depict areas within a signal strength range that provide acceptable in- vehicle service coverage. In these areas, an AT &T customer should be able to successfully place or receive a call within a vehicle. The lavender shading depicts areas within a signal strength range in which a customer might have difficulty receiving a consistently acceptable level of service. The which a customer might have difficulty receiving a consistently acceptable level of service. The quality of service experienced by any individual customer can differ greatly depending on whether that customer is indoors, outdoors, stationary, or in transit. Any area in the yellow or lavender category is considered inadequate service coverage and constitutes a service coverage gap. Exhibit 3 to this Statement is a map that predicts service coverage based on signal strength in the vicinity of the Property if antennas are placed as proposed in the application. As shown by this map, placement of the equipment at the Property closes the significant UMTS 3G service coverage gap. In addition to these 313 wireless service gap issues, AT &T is in the process of deploying its 4G LTE service in Marin County with the goal of providing the most advanced personal wireless experience available to residents of the county. 40 LTE is capable of delivering speeds up to 10 times faster than industry- average 3G speeds. LTE technology also offers lower latency, or the processing time it takes to move data through a network, such as how long it takes to start downloading a webpage or file once you've sent the request. Lower latency helps to improve the quality of personal wireless services. What's more, LTE uses spectrum more efficiently than other technologies, creating more space to carry data traffic and services and to deliver a better overall network experience. Moreover, it is important to note that as existing customers migrate to 4G LTE, the LTE technology will provide the added benefit of reducing 3G data traffic, which can contribute to the significant service coverage gap on the UMTS (3G) network during peak usage periods. Exhibit 4 is a map that depicts 4G LTE service in the area surrounding the Property, and it shows a significant 4G LTE service gap in the area. After the installation, Exhibit 5 shows that 4G LTE service is available both indoors and outdoors in the targeted service area. This is important in part because as existing customers migrate to 4G LTE, the LTE technology will provide the added benefit of reducing 3G data traffic, which can cause capacity issues on the UMTS (3G) network during peak usage periods, especially in light of the forecasted increase in usage. I have an Electronics and Communications Engineering degree from MAPUA Institute of Technology (Manila, Philippines) and have worked as an engineering expert in the wireless communications industry for more than 20 years. Robert Punsalang AT &T Mobility Network, Planning & Engineering March 25, 2014 1) AT &T MOBILITY CONDITIONAL USE PERMIT APPLICATION EXHIBIT 1 Prepared by AT&T Alobility AT &T's digital wireless technology converts voice or data signals into a stream of digits to allow a single radio channel to carry multiple simultaneous signal transmissions. This technology allows AT &T to offer services such as secured transmissions and enhanced voice, high -speed data, texting, video conferencing, paging and imaging capabilities, as well as voicemail, visual voicemail, call forwarding and call waiting that are unavailable in analog -based systems. With consumers' strong adoption of smartphones, customers now have access to wireless broadband applications, which consumer utilize at a growing number. AT &T customers are using these applications in a manner that has caused a 30,000% increase in mobile data usage on AT &T's network since 2007. AT &T expects total mobile data volume to grow 8x -l0x over the next five years. To put this estimate in perspective, all of AT &T Mobility's mobile traffic during 2010 would be equal to only six or seven weeks of mobile traffic volume in 2015. The FCC noted that U.S. mobile data traffic grew almost 300% in 2011, and driven by 4G LTE smartphones and tablets, traffic is projected to grow an additional 16 -fold by 2016. Mobile devices using AT &T's technology transmit a radio signal to antennas mounted on a tower, pole, building, or other structure. The antenna feeds the signal to electronic devices housed in a small equipment cabinet, or base station. The base station is connected by microwave, fiber optic cable, or ordinary copper telephone wire to the Radio Network Controller, subsequently routing the calls and data throughout the world. The operation of AT &T's wireless network depends upon a network of wireless communications facilities. The range between wireless facilities varies based on a number of factors. The range between AT &T mobile telephones and the antennas in and nearby Tustin, for example, is particularly limited as a result of topographical challenges, blockage from buildings, trees, and other obstructions as well as the limited capacity of existing facilities. To provide effective, reliable, and uninterrupted service to AT &T customers in their cars, public transportation, home, and office, without interruption or lack of access, coverage must overlap in a grid pattern resembling a honeycomb. In the event that AT &T is unable to construct or upgrade a wireless communications facility within a specific geographic area, so that each site's coverage reliably overlaps with at least one adjacent facility, AT &T will not be able to provide adequate personal wireless service to its customers within that area. Some consumers will experience an abrupt loss of service. Others will be unable to obtain reliable service, particularly if they are placing a call inside a building. Service problems occur for customers even in locations where the coverage maps on AT &T's "Coverage Viewer" website appear to indicate that coverage is available. As the legend to the Coverage Viewer maps indicates, these maps depict a high -level approximation of coverage, which may not show gaps in coverage; actual coverage in an area may differ substantially from map graphics, and may be affected by such things as terrain, foliage, buildings and other construction, motion, customer equipment, and network traffic. The legend states that AT &T does not guarantee coverage and its coverage maps are not intended to show actual customer performance on the network, nor are they intended to show future network needs or build requirements inside or outside of AT &T's existing coverage areas. It is also important to note that the signal losses and service problems described above can and do occur for customers even at limes when certain other customers in the same vicinity may be able to initiate and complete calls on AT &T's network (or other networks) on their wireless phones. These problems also can and do occur even when certain customers' wireless phones indicate "all bars" of signal strength on the handset. The bars of signal strength that individual customers can see on their wireless phones are an imprecise and slow -to- update estimate of service quality. In other words, a customer's wireless phone can show "four bars" of signal strength, but that customer can still, at times, be unable to initiate voice calls, complete calls, or download data reliably and without service interruptions. To determine where new or upgraded telecommunications facilities need to be located for the provision of reliable service in any area, AT &T's radio frequency engineers rely on far more complete tools and data sources than just signal strength from individual phones. AT &T creates maps incorporating signal strength that depict existing service coverage and service coverage gaps in a given area. To rectify this significant gap in its service coverage, AT &T needs to locate a wireless facility in the immediate vicinity of the Property. Y W A A Q C C N p N N N u D 0 V D w X50 J M M M Ao'J � �. Z >, ryC U ,.`c`� / 1 a9,• •L 7 1e(� ILO IL .. ac m ILI to oll UJ c i �a' 4r • A �. q ^• a v4(•y Y V CL f LA �` �4 td �ca� wP �1` 00 i .N b �1 A rr1 r W W x T— M M M D J U O N CG N Z t Jeel� m cu L Ga O U C m � � •Q., uuti CL bD li `vP L 57 F m L ,� a °'' V1 O �oN �4ti, y' , �f I as d O� u ■ ■ A A _ C;; � P P C �n � " O © v 9 Z V > W 5 s 0p77 0 A 0 C a c a Y 0 O t t ,. � Y Y y' , �f I as d O� u ■ ■ A A _ C;; � P P C �n � " O © v 9 Z V > W 5 s 0p77 0 A 0 C a c a Y 0 W P'1 M M M D aj Ln m V) 0 0 •L s a CL � L� qb > 0 N 3 b ' tkD m ++ �x 0 W ALA'' twI M M L a >u U Ln W J OT e-I W S ja s . Vc F' ■i i i 0lb Li ■ b� a� ,C;eeVK ; c Is 0 _O P V � N u �• O O u o O W E E 0 W ,J 0 w a y MM N � u a v Y M C y O CLx o` n5 :Z•. �G W !q M M M D J u a� m LA z F, a, ao m L > u° � Q) 0 m 0. 0 0 cc CL L M M �s U U Lnn W J ri /W J C in � u N v_ O L C 0 v Z 9 ' uJ C C d A C Q N O 0 7 X e w Ul 00 ATTACHMENT IMT-no rut", i! PIKIFUZ RESOLUTION NO. 4256 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2013 -13 AND DESIGN REVIEW 2013 -11, A REQUEST TO CONSTRUCT AND OPERATE A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF A FIFTY (50) FOOT TALL MONO - EUCALYPTUS FAUX TREE WITH TWELVE (12) PANEL ANTENNAS AND ASSOCIATED EQUIPMENT LOCATED AT 14450 CHAMBERS ROAD. 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 -13 and Design Review 2013 -11 was filed by Smartlink LLC on behalf of AT &T requesting authorization to construct and operate a wireless communications facility consisting of a fifty (50) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twenty -four (24) remote radio units (RRUs), one (1) GPS antenna, and associated equipment at 14450 Chambers Road. 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 and noticed for Conditional Use Permit 2013 -13 and Design Review 2013 -11 on April 8, 2014, by the Planning Commission. E. That the Planning Commission tabled consideration of Conditional Use Permit 2013 -13 and Design Review 2013 -11 on April 8, 2014, to provide adequate time for staff to review revised plans and photo simulations which reflected changes to the proposed location of the facility. F. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2013 -13 and Design Review 2013 -11 on May 13, 2014, by the Planning Commission. Exhibit A Resolution No. 4256 CUP 2013 -131 DR 2013 -11 Page 2 G. 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: 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 ground equipment in the existing building and within 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 (50) 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 Federal Communications Commission 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. H. 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 and proposed eucalyptus trees, and all associated ground equipment would be within the existing building or screened within a block wall enclosure. The project site has limited visibility from the public right -of -way and is setback from Chambers Road by over 170 feet with landscape screening adjacent to the building and the public right -of -way. 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, Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 3 at least, the following items: 1. Height, bulk, and area of proposed structure - the fifty (50) foot height of the proposed faux mono - eucalyptus wireless facility is thirty -five (35) feet taller than the existing building, but is consistent with the mature height of eucalyptus trees. 2. Setbacks and site planning - the proposed setback of approximately 170 feet from Chambers Road and location at the rear of the existing building adequately screens the proposed facility from public view. 3. Exterior material and colors — the use of faux tree materials and colors disguises the proposed wireless facility. 4. Towers and antennae - the proposed facility is conditioned to accommodate the future co- location of other antennae. 5. Physical relationship of proposed structure to existing structures - the proposed facility is significantly taller than adjacent and surrounding buildings, but is compatible as a faux mono - eucalyptus facility. 6. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares - the proposed facility is partly visible from Chambers Road, but is screened from view by existing and proposed live trees. 7. Development guidelines and criteria as adopted by the City Council - the proposed facility complies with the guidelines and criteria in Tustin City Code Section 9276. That 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 -13 and Design Review 2013 -11, authorizing the construction and operation of a major wireless telecommunication facility consisting of a fifty (50) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twenty -four (24) RRUs, one (1) GPS antenna, and associated equipment located within the existing building and a block wall enclosure at 14450 Chambers Road, 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 13th day of May, 2014. JEFF THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 4 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. 4256 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of May, 2014, by the following vote: PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4256 CONDITIONAL USE PERMIT 2013 -13 AND DESIGN REVIEW 2013 -11 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped May 13, 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 -13 and Design Review 2013 -11 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. 4256 CUP 2013 -13 / DR 2013 -11 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 -13 and Design Review 2013 -11 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 -13 and Design Review 2013 -11 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 (AT &T) in the City of Tustin. The applicant shall file the accessory equipment identification number, Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 3 company name, person responsible for maintenance of the accessory equipment, and the phone number with the Public Works Department. b. The applicant shall ensure that lessees or other users shall comply with the terms and conditions of Conditional Use Permit 2013 -13 and Design Review 2013 -11 and shall be responsible for the failure of any lessees 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 (50) foot tall mono - eucalyptus faux tree, twelve (12) panel antennas, twenty -four (24) remote radio units, one (1) microwave dish, three (3) GPS antennas, and the associated equipment located in the existing building and 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 existing building or 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 Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 4 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. (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 outdoor 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. (4) 2.15 The applicant shall provide a letter of determination of no hazard to air navigation from the Federal Aviation Administration. The study must determine that the structure would not exceed obstruction standards and would not be a hazard to air navigation. Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 5 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 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 standards. 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 Exhibit A Resolution No. 4256 CUP 2013 -13 / DR 2013 -11 Page 6 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.