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HomeMy WebLinkAboutPC RES 3795l0 14 17 2O 28 ?-9 RESOLUTION NO. 3795 A RESOLUTION OF THE PLANNING COMMISSION OF THE CiTY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 01- 015 AND DESIGN REVIEW 01-021, AUTHORIZING ESTABLISHMENT OF A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-THREE (53) FOOT SIX (6) INCH MONOPALM AT AN INDUSTRIAL SITE LOCATED AT 14711 SINCLAIR CIRCLE. The Planning Commission does hereby resolve as fOllows: The Planning Commission finds and determines as follows' Am That a proper application, Conditional Use Permit 00-035 and Design Review 00-041 has been filed by Sprint PCS Communication, requesti'ng authorization to establish a fifty- eight (58) foot major wireless facility with three (3) sectors of four (4) antennas designed as a monopa.lm at an existing industrial site at 14711 Sinclair Circle. Bi That the proposed use is allowed within the Planned Community Industrial (PC-IND) zoning district where major wireless facilities can be authorized with approval of a Conditional Use Permit and a Design Review by the Planning Commission. Gl That the proposed use is consistent with the General Plan Land Use Designation "Industrial," which provides for a variety of industrial and office uses. The project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Di That a public hearing .was duly called, noticed, and held for said application on August 13, 2001, by the Planning Commission. El 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, comfort, 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' al 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 a Planned Community Industrial (PC- ~0 !4 20 2,2 24 25 2,7 Resolution No. 3795 Page 2 Fi IND) zoning district. 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 facility, as conditioned, is compatible with the surrounding landscape in that the monopalm would be complemented by three (3) new living date palm trees'and three (3) existing fan palm trees in varying heights thereby using existing vegetation and introducing similar vegetation to reduce the visual intrusion on the surrounding community. The proposed height of the facility, as screened by additional living palm trees, would be compatible with the surrounding improvements and consistent with the height restrictions of the Federal Aviation Agency. The overall height of fifty-three (53) feet six (6) inches would not penetrate the "imaginary surface" which is 100 feet in height at the project location as defined in the Federal Aviation Regulation Part 77'and adopted by the Airport Land Use Commission. df The proposed location of the monopole structure is integrated into the landscape of the subject site and is a stealth facility. Due to the integration of the proposed facility with its surroundings, the intent of not encouraging an over-concentration of monopole structures within the area south of the I-5 Freeway and east of the SR-55 Freeway have been met. el The project description includes several operational · methods to reduce or eliminate interference with the public safety communication system and the applicant will be responsible, as conditioned, for complying with the standards of the Federal Communications Commission regarding emissions and interference. That the Ioca[ion, 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: l0 !2 14 l? 20 2.4 2'7 Resolution No. 3795 Page 3 1. Height, bulk, and area of buildings. 2. Setbacks and site 'planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Towers, chimneys, roof structures, flag poles, radio and television antennas. 6. Landscaping, parking area design, and traffic circulation. 7. Physical relationship of proposed structures to existing structures in the neighborhood. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and Public thoroughfares. Gl 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 01-015 and Design Review 01-021 requesting authorization to establish a fifty-three (53) foot six (6)inch major wireless facility with three (3) sectors of two (2) antennas designed as a monopalm at an industrial site at 14711 Sinclair, 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. [.E~LIE A.-POI~Ti'OUS" '"" ' ~ Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, Elizabeth A. Binsack, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3795 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of August, 2001. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 01-015 DESIGN REVIEW 01-021 CONDITIONS OF APPROVAL 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 13, 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 underway. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to the issuance of · any building permits for this project or as specified, subject to review and approval of plans by the Community Development Department. Approval of Conditional. Use Permit 01-015, Design Review 01-021 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. 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 STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3795 Page 2 (1) 1.6 (1) 1.7 (***) 1.8 Design Review approval shall be reviewed by the Director of Community Development on August 13, 2006. 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. Except as otherwise stated in Condition 1.2, Conditional Use Permit and Design Review approval shall remain valid for a period not to exceed the term of the lease on the subject property, including any extension thereof. A copy of said lease agreement shall be submitted to the Community Development Director prior' to issuance of any permits. If the lease is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon. termination or expiration of the lease, the facilities shall be removed from the property. Operation of the wireless facility shall be in compliance with the methods of operation as proposed by the applicant and noted on the plans' a, The applicant (Sprint PCS) recognizes that the .frequencies used by the cellular facility located at 14711 Sinclair Circle are extremely close to the frequencies used by the City of Tustin for public safety. This proximity will require extraordinary engineering measures to prevent interference, especially, in the choices of frequencies and radio ancillary hardware. bi At all times, other than during the 24-hour cure periOd provided in number d. below, the applicant (Sprint PCS) shall not prevent the City of Tustin from having adequate spectrum capacity on the City's 800 MHZ radio frequency. d~ Before activating its facility, the applicant (Sprint PCS) shall submit to a post-installation' test to confirm that the facility does not interfere with the City's Public and Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of the applicant. , The applicant (Sprint PCS) shall provide'a 24-hour phone number to which interference problems may.be reported and will resolve all interference complaints within 24 hours. This condition will also apply to all existing facilities (operated by Sprint PCS) in the City. eJ The applicant (Sprint PCS) shall cease operation of any facility causing interforence with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. Failure to cease such operation shall result in automatic suspension of this permit. Resolution No. 3795 Page 3 The applicant (Sprint PCS) shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number, and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. g. The applicant (Sprint PCS) shall ensure that lessee or other users shall comply with the terms and conditions of this permit. (1) 1.9 Prior to issuance of a building permit, the applicant shall submit a 'request to the Community Development Department to withdraw Conditional Use Permit 00-015 and Design Review 00-022 for a roof mounted facility at 2929 Edinger Avenue. (***) 1.10 Prior to issuance of building, permits, the applicant shall obtain approval from the Federal Aviation Administration for the proposed height of 'the facility. Documentation of the approval shall be submitted to the Community Development Department in writing. PLAN SUBMITTAL , (3) 2.1 At plan check, submit fo. ur (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. (3) 2.2 Indicate on the title sheet the applicable codes, City, State and Federal laws and regulations to include: 1997 Uniform Building Code with California Amendments; 1997 Uniform Mechanical and Plumbing Codes with California Amendments; and, 1996 National Electrical Code with California Amendments. USE RESTRICTIONS (4) 3.1 The facilities shall be limited to three (3) antenna sectors with .two (2) antennas (six antennas total) mounted on a monopalm, fifty-three (53) feet six (6)inches in overall height (forty-eight feet six inches to the top of the antennas). The facility also includes an equipment rOom within an existing structure located west of the monopalm. The location and configuration of the antennas shall be restricted to the height, location, and configuration shown on the approved plans. Resolution No. 3795 Page 4 (4) 3.2 The monopalm shall be designed and maintained to resemble a living date palm with respect to size, color, proportion and configuration, shape and angle of fronds. A round trunk shall be used which integrates the texture of a living fan palm tree. All specifications .shall be noted on plans submitted for plan check and noted as subject to acceptance at final field inspection. (4) 3.3 The structure and all related facilities shall be regularly maintained, painted, and inspected for safety and aesthetics. (4) 3.4 A minimum of three (3) date palms in varying height of 40-45 feet shall be planted in a cluster in proximity to the proposed location of the monopalm. The palm trees shall be maintained in a healthy condition at all times .and adequate watering shall be provided. The applicant shall replace dead or unhealthy palm trees within forty-eight (48) hours if requested by the Community Development Department. (5) 3.5 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. (5) 3.6 Prior to July 1, 20.02 and prior to each July 1 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. NOISE _ ~ , 3.7 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. .,. (5) 4.1 All construction operations including engine warm uP, delivery, and loading/unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday 'unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. Resolution No. 3795 Page 5 ORANGE COUNTY FIRE AUTHORITY (5) 5.1 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 sit. e.. 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 summa.ry sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. FEES , , (1) 6.1 Prior to issuance of any building permits, payment shall b.e made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Al Building plan check and permit fees to the Community Development Department based on the most current schedule. a. 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.