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HomeMy WebLinkAboutPC RES 3792]0 14 15 2o 24 ?.9 RESOLUTION NO. 3792 A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00- 035 AND DESIGN REVIEW 00-041, AUTHORIZING ESTABLISHMENT OF A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-EIGHT (58) FOOT MONOPALM WITHIN A SELF-STORAGE SITE LOCATED AT 14861 FRANKLIN AVENUE. The Planning Commission does hereby reSolve as follows' The Planning Commission finds and' determines as follows: A, That a proper application, Conditional Use Permit 00-035 and Design Review 00-041 has been filed by Nextel Communication, requesting authorization to establish a fifty- eight (58) foot major wireless facility with three (3) sectors of four (4) antennas' designed as a monopalm within an existing self-storage site at 14861 Franklin Avenue. B, That the proposed use is allowed within the Planned Community Industrial (PC-I'ND) zoning district Where major wireless facilities can be authorized with .approval of a Conditional Use Permit and a Design Review by the Planning Commission. C, That the proposed use is consistent with the General Plan Land Use Designation. "hqdustrial," which provides for a variety of industrial and otfi. ce 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. D, That a public hearing was duly called, noticed, and held for said application on Jury 23, 2001, and August 27, 2001, by the Planning CommissiOn, E~ 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: 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 a Planned Community Industrial (PC- l0 14 15 l? 20 2! 22 24 25 29 Resolution No. 3792 Page 2 b) c) d) e) 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 locational 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. The proposed facility, as conditioned, is compatible with the surrounding landscape in that the monopalm would be complemented by five (5)living date palm trees in varying heights thereby introducing similar vegetation and reducing the visual intrusion on the surrounding community. The additional trees would reduce the visual impacts to the future extension of Tustin Ranch Road and the'residential development part of the Reuse Plan for the Marine Corps Air Facility (MCAF). 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-eight (58) feet 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 (ALUC) and was approved by the Federal Aviation Agency. To prevent adverse aesthetic impacts associated with l~he concentration of monopoles, future wireless communication facilities proposed by Nextel south of the I-5 Freeway and east of the SR-55 Freeway within the City of Tustin are encouraged to be limited to building-mounted facilities which are integrated into the architecture of the host buildings. In addition, as conditioned, the applicant is required to accommodate co-location with other wireless carriers if determined, through a good-faith effort to be technologically compatible and .successfully negotiated. To ensure that the live palm trees are maintained in a healthy condition and effectively screen and camouflage the facility, live palm trees for camouflage effect are required to be transplanted in accordance with the recommendation of a cer[ified arborist. l0 ]! 14 ]5 ]6 20 24 27 ?-9 Resolution No. 3792 Page 3 As conditioned, the applicant is required to comply with FCC guidelines related for radio frequency emissions and submit a certificate of corr~liance to the City on an annual' basis. Fo That the location, size, architectural features, and general appearance of the proposed, modifmations 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: 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, mol structures,, flag poles, radio and television antennas. 6. Landscaping, parking area design, and traffic circulation. 7. Physical relationship, of proposed stm'ctures 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. Go 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 Califomia Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 00-035 and Design Review 00-041 requeslir~ authorization to establish a fifty-eight (58) foot major wireless facility with three (3) sectors of four (4) antennas designed as a monopalm within an existing self-storage site at 14861 Franklin Avenue, subject to the conditions contained withir~ Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, ate regular meeting on the 27th day of August, 2001. //"//// Chairperson ELIZABETH A. BINSACK Planning Commission Secretary l0 14 l? 20 2?- 24 2? Resolution No. 3792 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. $792 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of August, 2001. ELIZABETH A. BINSACK Planning Commission Secretary , EXHIBIT A CONDITIONAL USE PERMIT 00-035 DESIGN REVIEVV 00-041 CONDITIONS OF APPROVAL GENERAL (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 27, 2001, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Ex'hibit. 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. The Conditional Use Permit. and 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. 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 Community Development Department. Approval of Cond'.rtior~l Use Permit 00-035, Design Review 00-041 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 Exhibit A Resolution No. 3792 Page 2 (1) 1.6 (1) 1.7 (1) 1.8 (1) 1.9 (*) 1.10 Design Review approval 'shall be reviewed by the Director of Community Development on or after August 27, 2006, and/or upon residential development at the former Marine Corps Air Facility (MCAF). 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, To prevent overconcentration of unsightly monopole structures, Nextel is encouraged to explore the feasibility of installing any future wireless communication facilities south of the I-5 Freeway and east of the SR-55 Freeway within the City of Tustin to building-mounted facilities which are integrated into the architecture of the host buildings. At the time another application for a major wireless facility is submitted, the applicant shall submit a master plan of the area south of the I-5 Freeway and SR-55 Freeway to the Community Development Department demonstrating the feasibility of using exclusively building-mounted facilities to eliminate existing or future gaps in service. The applicant shall evaluate all requests for co-location on the monopalm by additional carrier(s) and make a good-faith determination of each such requesting carrier's compatibility with the applicant at this location. If, in the good-faith determination of the applicant, the co-location is technically compatible, then the applicant shall accommodate such additional carrier if applicable business terms can be successfully negotiated. 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 (Nextel Communications)recognizes that the frequencies used by the cellular facility located at 14861 Franklin Avenue 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. b, At all times, °ther than during the 24-hour cure period provided in number 4 below, the applicant (Nextel Communications) shall not Exhibit A Resolution No. 3792 Page 3 prevent the' City of Tustin from having adequate spectrum capacity on the City's 800 MHZ radio frequency. Co Before act~.ating its facility, the applicant (Nextel Communications) sha)i 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 Sheriff's Department or a Division- approved contractor at the expense of the applicant. d, The. applicant (Nextel Communications) shall provide a 24-hour phone number to which interference problems may be reported and will resoive all interference complaints within 24 hours. This condition will also apply to all existing facilities (operated by the applicant) in the City. e. The applicant (Nextel Communications) shall cease operation of any facility causing interference 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 ia automatic suspension of this permit. The applicant (Nextel Communications) 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 appl'~nt !Nextei Communications) shall ensure that lessee or other,,, users shall comply with the terms and conditions of this perm~ PLAN SUBMITTAL (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 engineer/architect. No field changes shall be made. without plan revisions submitted to and approved by the Community Development Department. 2.2 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations to include' 1998 California Building Code; 1997 Mechanical and Plumbing Codes with California Amendments; and, 1996 National Electrical Code with California Amendments. Exhibit A Resolution No. 3792 Page 4 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 monopaim, fifty-eight (58) feet in overall height (fifty-two feet to the top of the antennas). The facility also includes an equipment room within an existing structure located north of the monopalm. 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 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 date palm tree. Ali specifications shall be noted on 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 aesthetics. (*) 3.4 A minimum of five (5) date palms in varying height of 50-60 feet shall be installed along the southerly property line clustered 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 a reasonable time as determined by the Community Development Director. Prior to issuance of building permits, the applicant shall submit a report from a certified arborist for healthy planting and maintenance specifications for the trees. The applicant shall incorporate these recommendations into the landscape plan and follow the recommendations on an ongoing basis to ensure the health of the trees. Any modification to the size and type of the palm trees would require approval of the Community Development Director. (*) 3.5 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. (*) 3.6 Prior to July 1, 2002, and prior to each July 1 thereafter, operator shall file with the City of Tustin Community Development Department, a certification of compliance with the guidelines of the Federal Communications Commission (FCC), prepared by an independent third-party qualified to measure radio frequency emissions. (*) 3.7 If deemed necessary upon change of ownership, or frequency, 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 Exhibit A Resolution No. 3792 Page 5 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. (*) 3.8 The applicant shall prepare a preliminary report within ninety (90) days of completion of the project demonstrating conformance with national. standards for safe human exposure to electromagnetic fields and radio frequency installation. Said report shall be submitted to the Community Development Director. NOISE (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 healtl~ 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) 5.1 Prior to issuance of any building permits, payment shall be made of ali 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. A. Building plan check and permit fees to the Community Development Department based on the most current schedule. Bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based, upon the most current schedule. 5.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S. C. HECK 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 challenge the environmental determinatioh under the provisions of the California Environmental Quality Act could be significantly lengthened.