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HomeMy WebLinkAboutPC RES 3797l0 ]4 15 20 2! 23 24 25 27 28 ?.9 RESOLUTION NO. 3797 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN, APPROVING DESIGN REVIEW 00-033, AUTHORIZING ESTABLISHMENT OF A MINOR WIRELESS FACILITY DESIGNED AS A FORTY-FIVE (45) FOOT STEALTH TOWER CONNECTING TWO EXISTING' OFFICE/WAREHOUSE BUILDINGS LOCATED AT 1421 AND 1451 EDINGER AVENUE. The Planning Commission does hereby resolve as follows: The Planning CommiSsion finds and determines as follows: Al That a proper application, Design Review 00-033, has .been filed by J.L. Hare Associates, .on behalf of AT&T Wireless Services, requesting authorization to establish a minor wireless facility designed as a stealth tower with three (3) sectorS of four (4) antennas connecting two existing office/warehouse buildings located at 1421 and 1.451 Edinger Avenue. Bi · That the proposed use is allowed within Technology Center Land Use Designation of Pacific Center East Specific Plan where minor wireless facilities can be authorized with approval of a Design Review. The Community Development Director has deferred 'this authority, to the Planning Commission. C. That the proposed use is consistent with the General Plan Land Use Designation "PC Commercial/Business," which provides for a variety of industrial and office uses. The project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Bi That a meeting was duly called, noticed, and held for consideration of said application on August 13, 2001, by the Planning Commission. E,, That an official notice was mailed to all property owners, residents, and tenants of property within one thousand (1000) feet of the subject property to provide notification that the City of Tustin has experienced wireless antenna interference with the City's public safety radio transmissions, understands that the choice of engineering, use of a specific frequency spectrum, and choice of radio ancillary hardware for wireless antennae may substantially diminish instances of radio frequency interference, and that installation of the proposed facility and the possible interference with the City's public safety transmissions may negatively impact the City's ability to provide public safety and emergency services at and near the subject office building. l0 I2 13 14 15 16 Resolution 3797 Design Review 00-033 Page 2 F. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comf°rt, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings' a) The proposed facility, as conditioned, would not be detrimental to, or have a negative effect on, surrounding properties in that the proposed facility is proposed within the Pacific Center East SPecific Plan Technology Center land use designation where light industrial uses are permitted similar. The proposed location is consistent with-site selection criteria in Tustin City Code Section 9276(F)(2)(a)(3) which identifies placement in commercial and industrial zones as a preferred location for such facilities. Also, consistent with the Iocational guidelines in TCC Section 9276(H), the facility will not be located within 100 feet of any existing, legally established major wireless communication facility nor within 300 feet of residentially zoned or used property. b) The proposed height of forty-five (45) feet is permitted within the Technology Center land use designation of the Pacific Center East Specific Plan. 17 18 19 20 The proposed project will 'not have a negative aesthetic impact on the surrounding properties and the vicinity in that the tower would .appear as an integrated element of the buildings and would complement the existing architecture of the office/warehouse buildings in height, design and construction. 21 22 23 24 25 26 O. d) As conditioned, the proposed wireless facility is required to comply with the Federal Communications Commission regulations and standards for radio frequency emissions (RFE). That the location, size, architectural features .and general appearance of the proposed modifications will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Planning Commission has considered the following items: 27 28 29 o 2. 3. 4. 5. Height, bulk, and area of buildings. Setbacks and site planning. Exterior materials and colors. Type and pitch of roofs. Size and spacing of windows, doors and other openings. l0 l! 14 16 l? 20 24 2.5 2'/ Resolution 3797 Design Review 00-033 Page 3 1 1 10. 11. 12. 13. 14. Towers, chimneys, roof structures, flag poles, radio and television antennas. Landscaping, parking area design, and traffic circulation. Location, height and standards of exterior illumination. Location and appearance of equipment located outside of an enclosed structure. Location and methods of refuse storage. Physical' relationship of proposed structures to existing structures in the neighborhood. Appearance and design relationship of proposed structures to existing structures and possible future structures 'in the neighborhood and public thoroughfares. Proposed signing. Development Guidelines and criteria as adopted by the City Council. Hi 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 Design Review 00-033 requesting authorization to, establish a minor wireless facility designed as a roof-mounted tower w'~h three (3) sectors of four (4) antennas connecting two existing office~rehouse buildings located at 1421 and 1451 Edinger Avenue subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of August, 2001. ELIZABETH A. BINSACK Planning Commission Secretary ~.E~LIE Al PO~TIOUS . Chairperson l0 14 20 24 2(; 2'7 Resolution 3797 Design Review 00-033 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3797 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of August, 2001. ELIT~BETH A. BINSACK Planning Commission Secretary EXHIBIT A DESIGN REVIEW (10-033 CONDITIONS OF AP~OVAL GENERAL , ,,,, , , (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 The proposed project shall substantially conform with the submitted plans for the project date stamped August 1.3, 2001, on file with the Community Development .Department, as herein, modified, or as modified by the Director of Community Development in. accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. Design Review approval shall become null and void unless building permits are issued within twelve (12) months of the date of this Exhibit. The subject project approval shall become null and void unless permits are issued within twelve (12) months of. the date of this Exhibit and substantial construction is under~ay, Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Ali conditions in this Exhibit shall be complied with Prior to the issuance of any building permits for this project or as specified, subject to review and approval of plans by the Commun'~. Development Department. Approval of Design Review 00,03.3 is contingent upon the applicant and property owner signing and returning' to the Community Development Department a notarized "Agreemer~ to Conditions Imposed" form and the property owner signing and record~g with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shalt be established by the Director of Community Development and evidence of recordation shall be provided to the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. (2) (3) (4) sOuRcE CODES i i, STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution 3797 - Conditions of Approval Design Review 00-033 Page 2 (1) 1.6 Design Review approval shall be reviewed by the Director of Community Development on August 13, 200'6. The Director may recommend to the Planning Commission additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety, and general welfare. (1) 1.7 Except as otherwise stated in Condition 1.2, Design Review approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. A copy of said lease agreement shall be submitted to the Community Development Director prior to. issuance of any permits. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or ex.piration of the lease, the facilities shall be removed from the property. (1) 1.8 To prevent overconcentration of monopole structures, future wireless communication facilities proposed by AT&T Wireless south of the I-5 Freeway and east of the SR-55 Freeway within the City of TUstin shall be limited to building mounted facilities which are integrated into the architecture of the host buildings. The applicant shall submit a master plan of the for the area south of the I-5 Freeway and SR-55 Freeway to the Community Development 'Department demonstrating that building mounted facilities could be developed to eliminate existing or future gaps in service. (1) 1.9 The applicant shall be required to accommodate additional .carriers that request to co-locate on the facility at a lease that is at a fair market rate. PLAN SUBMITTAL i i ,1 , ,1, (1) 2.1 At plan check, submit four (4) sets of construction plans. If applicable, provide two (2) sets of structural calculations and Title 24 energy calculations prepared by a licensed engineedarchitect. No field changes shall be made without plan revisions submitted to and approved by the Community Development Department. (1) 2.2 Indicate on the title sheet the applicable codes, City, State and Federal laws and regulations to include: 1998 California Building Code; 1998 Mechanical and Plumbing Codes with California Amendments; and, 1998 National Electrical Code with California Amendments. USE RESTRICTIONS (4) 3.1 The facilities shall be limited to three (3) antenna sectors with four (4) antennas (twelve antennas total) mounted on a triangular structure completely concealed by fiber glass panels designed to match the building in Resolution 3797 - Conditions of Approval Design Review 00-033 Page 3 finish and color for an overall height, of forty-five (45). The facility also includes an equipment room. north ~ the site adjacent to an existing trash enclosure. The location and configuration of the antennas and the equipment shelter shall be restricted to the height, location, and configuration shown on the approved plans. (*) 3.2 The tower shall be designed and maintained as shown on the plans. All specifications shall be noted or) plans submitted for plan check and noted as subject to acceptance at final field inspection. (*) 3.3 The structure and all related facilities, shall be regularly maintained, painted, and inspected for safety and aesthe6~. (*) 3.4 Radio frequency emissions shall not exceed the radio frequency emission guidelines of the Federal Communication Commission (FCC), as such guidelines may be amended from time to time. (*) 3.5 Prior to July 1, 2002 and prior to each July I thereafter,, operator shall file with the City of Tustin Community Development Department, a certification of compliance, prepared'by an independent third-party, qualified to measure, radio frequency emissions. (4) 3.6 All colors and finishes of the proposed tower shall match existing colors and finishes of the office/warehouse buildings and are subject to final inspection by the Community Development Department. The building and tower structure shall' be maintainec~ to appear consistent in color and finish. (4) 3.7 No exposed coax cables shall be installed or maintained on the exterior of existing or proposed structures. (4) 3.8 Based on the following table, a total of 202 parking spaces are required for the office/warehouse uses. Any future expansion of the uses shall be in compliance with the parking requirements of Section 4.6 of Pacific Center East Specific Plan and accommodated with the available 229 parking spaces. Warehouse Use Building 1 Building.2 Subtotal Office Use Building 1 Building 2 Subtotal Parking Ratio 111000 sq.ft 1/250 sq.ff. Area 9,178 Number of Parking Required 10 11,060 11 21 20,144 81 24,990 100 45,134 181 Total 202 Resolution 3797 - Conditions of Approval Design Review 00-033 Page 4 (***) 3.9 Prior to issuance of grading or building permits, the applicant shall remit to the Community Development Department the cost of mailing notices to property owners and tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information about how to contact the Federal Communications Commission for complaints regarding radio frequency interference. (***) 3. 0 If deemed necessary upon change of ownership, mailed notices to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference shall be done. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a change of ownership. The cost of said notification shall be borne by the applicant and/or owner. ORANGE COUNTY FIRE AUTHORITY ..... (5) 4.1 NOISE , , The applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases to be stored, used, or handled on site. These liquids and materials shall be classified according to the Uniform Fire Code using the "Orange County Fire Authority Chemical Classification Handout." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. Ali forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (1) 5.1 Ali 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 Qfficial determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates i-n effect at the time of payment and are subject to change. Resolution 3797 - Conditions of Approval Design Review 00-033 Page 5 A, Building plan check and permit fees to the Community Development Department based on the most current schedule. Bi Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 6.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a .CASHIER'S CHECK payable to the County Clerk in the amount of forty-three (43) dollars 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.