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HomeMy WebLinkAboutZAA 01-004, DR 00-032 2 ZONING ADMINISTRATOR ACTION 01-004 DESIGN REVIEW 00-032 3 The Zoning Administratorof the City of Tustin does hereby resolve as follows: 4 I. The Zoning Administratorfinds and determines as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A. That a proper application for Design Review 00-032 was filed by Tacit Communications requesting authorization to install, four (4), forty-eight (48) inch screen-mounted directional antennas; two (2), twenty-four (24) inch screen-mounted antennas; one (1), forty-eight (48) inch diameter roof mounted microwave antenna; one (1) screen-mounted GPS antenna; and, an equipment cabinet in the underground parking structure for establishment of a wireless facility at 15101 Red Hill Avenue, within the Pacific Center East zoning district, "Office" land use designation and the South Central Redevelopment Project Area. B. That the proposed wireless facility is a building mounted and a Minor Wireless facility that requires approval of a Design Review. C. That the proposed addition is consistent with the General Plan and the Pacific Center East Specific Plan in that the property is designated as "Planned Community Commercial/Business" and zoned "Planned Community Industrial" which allows for the establishment of wireless facilities. 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. D. In accordance with Tustin City Code (TCC) Section 9299(b)(4)(c), the Zoning Administrator is authorized to review Design Review applications within Redevelopment Project Areas. E. That the Zoning Administrator reviewed the application on April 2, 2001. F. 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 Zoning Administrator 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, 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. 2 Zoning Administrator Action 01-004 Design Review 00-032 April 2, 2001 Page 2 3 4 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 5 6 7 F. That the project involves minor modifications to an existing building and is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303, Class 3 Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the Environmental Quality Act). 8 9 10 G. The proposal is consistent with the policies and requirements of the Wireless Facilities Ordinance [TCC Section 9276(F)(2)(a)] that sets forth an order of preference for wireless communications facilities. The first preference is for cellular antennas to be located on existing buildings or facilities. II 12 13 14 II. The Zoning Administrator hereby approves Design Review 00-032 authorizing installation of, four (4), forty-eight (48) inGh screen-mounted directional antennas; two (2), twenty-four (24) inch screen-mounted antennas; one (1), forty-eight (48) inch diameter roof mounted microwave antenna; one (1) screen-mounted GPS antenna; and, an equipment cabinet in the underground parking structure for establishment of a wireless facility at 15101 Red Hill Avenue, subject to the conditions contained within ExhibitA, attached hereto. 15 16 17 18 19 20 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 2nd day of April 2001. 21 22 a~.4:&'~-/-k ELIZABETH A. BINSACK ZONING ADMINISTRATOR 23 24 ~d~ 25 26 27 ELOISE HARRIS RECORDING SECRETARY 28 29 Zoning AdministratorAction 01-004 Design Review 00-032 2 April 2, 2001 Page 3 3 4 5 6 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 7 8 I, Eloise Harris, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 01-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 2nd day of April 2001. 9 10 II ~d~ 12 13 14 ELOISE HARRIS Recording Secretary 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A - ZONING ADMINISTRATOR ACTION 01-004 FINDINGS AND CONDITIONS OF APPROVAL DESIGN REVIEW 00-032 APRIL 2, 2001 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped April 2, 2001, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department 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. (1) 1.2 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. (1) 1.3 All conditions in this Exhibit shall be complied with prior to the issuance of any building permits for this project, subject to review and approval of plans by the Community Development Department. (1) 1.4 Approval of Design Review 00-032 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 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. SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEtS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (1) (2) (3) (4) ... Exhibit A- Conditions of Approval DR 00-032 April 2, 2001 Page 2 (1) 1.6 Design Review approval shall be reviewed by the Director of Community Development on April 2, 2006. The Director may recommend to the Zoning Administrator 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 expiration of the lease, the facilities shall be removed from the property. PLAN SUBMITTAL (c) 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. (c) 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 four (4) forty-eight (48) inch screen- mounted directional antennas; two (2) twenty-four (24) inch screen- mounted antennas; one (1) forty-eight (48) inch diameter roof mounted microwave antenna; one (1) screen-mounted GPS antenna; and, an equipment cabinet in the underground parking structure. 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 except as modified herein. Exhibit A- Conditions of Approval DR 00-032 April 2, 2001 Page 3 (4) 3.2 No exposed wiring on the exterior elevations shall be allowed. All wiring installed on the south elevation shall be enclosed with matching building materials (i.e. brick veneer) subject to approval of the Community Development Department. (4) 3.3 The equipment shelter building will be constructed in the underground garage structure without reduction or obstruction of any existing parking stalls. (4) 3.4 All portions of the antennas shall be located a minimum of six (6) inches below the parapet, except the microwave dish that extends twelve (12) inches above the roof screen. All antennas and exterior elements of the proposed facility shall be fully screened and concealed from the public rights of way. Replacement panels shall match the existing roofing panels and replicate the standing seams to the greatest extent possible subject to final approval of the Community Development Department. (*) 3.5 As noted on the plans by the applicant, the applicant (Verizon Wireless) recognizes that the frequencies used by the cellular facility located at 15101 Red Hill 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. (*) 3.6 As noted on the plans by the applicant, at all times, other than during the 24-hour cure period provided in number 4 below, the applicant (Verizon Wireless) shall not prevent the City of Tustin from having adequate spectrum capacity on the City's 800 MHZ radio frequency. (*) 3.7 As noted on the plans by the applicant, before activating its facility, the applicant (Verizon Wireless) 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 Sheriff's Department or a Division approved contractor at the expense of the applicant. (*) 3.8 As noted on the plans by the applicant, the applicant (Verizon Wireless) 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 the applicant) in the City. Exhibit A- Conditions of Approval DR 00-032 April 2, 2001 Page 4 (0) 3.9 As noted on the plans by the applicant, the applicant (Verizon Wireless) shall cease operation of any facility causing interference with 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. (0) 3.10 As noted on the plans by the applicant, the applicant (Verizon Wireless) shall provide a "single point of contact" in its Engineering and Maintenance Departments to insure 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. (0) 3.11 As noted by the plans by the applicant, the applicant (Verison Wireless) shall insure that lessee or other users shall comply with the terms and conditions of this permit. 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 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) 5.1 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 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. B. Orange County Fire Authority plan-check and inspection fees to the Community Development Department based upon the most current schedule. Exhibit A- Conditions of Approval DR 00-032 April 2, 2001 Page 5 (1) 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 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 that 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.