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HomeMy WebLinkAboutZAA 02-003 ZONING ADMINISTRATOR ACTION 02-003 DESIGN REVIEW 00-043 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Design Review 00-043 was filed by Compass Telecom Services on behalf of Sprint PCS requesting authorization to install three (3) four (4) sector antennas for a total of twelve (12) and six (6) roof-mounted cabinets within an existing roof screen area to be expanded on the east and west sides for establishment of a wireless facility at 18302 Irvine Boulevard, within the Planned Community Commercial (PC COM) zoning district, "Planned Community Commercial/Business" land use designation, and the Town Center 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 Commercial" 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 September 18, 2002. 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. ZA Action 02-003 Design Review 00-043 Page 2 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. G. 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). H. 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. The Zoning Administrator hereby approves Design Review 00-043 authorizing installation of three (3) sectors of four (4) antennas and six (6) roof-mounted equipment cabinets for establishment of a wireless facility at 18302 Irvine Boulevard, subject to the conditions contained within Exhibit A, attached hereto. ~d~ PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 18th day of September 2002. ....I~~. ~~-;j;;;,;) ..d._ .ELlZABETH A. BINSACK C/<r<o' Zoning Administrator Eloise Harris Recording Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 02-003 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of September 2002. ~ctf~ ELOISE HARRIS Recording Secretary EXHIBIT A DESIGN REVIEW 00-043 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped September 18, 2002, 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. (1) 1.2 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 or as specified, subject to review and approval of plans by the Community Development Department. (1) 1.4 Approval of Design Review 00-043 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 As a condition of approval of Design Review 00-043, 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, conceming 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) (2) (3) (4) .- SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY ZA Action 02-003 Design Review 00-043 Page 2 (1) 1.6 Design Review approval shall be reviewed by the Director of Community Development on September 18, 2007. 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 expiration of the lease, the facilities shall be removed from the property. (*) 1.8 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 (Sprint PCS) recognizes that the frequencies used by the cellular facility located at 18302 Irvine Boulevard 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, other than during the 24-hour cure period provided in Letter e 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. c. 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 Sheriff's Department or a Division-approved contractor at the expense of the applicant. d. 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 the applicant) in the City. e. The applicant (Sprint PCS) 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 in automatic suspension of this permit. ZA Action 02-003 Design Review 00-043 Page 3 f. 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. 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. (1) 2.2 Indicate on the title sheet the applicable codes, City, State, and Federal laws and regulations to include: · 1998 California Building Code; and, . 1996 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 roof screens extended on the east and west sides of the existing roof screen for an overall height of fifty- nine (59) feet and four (4) inches. A maximum of six (6) roof-mounted equipment cabinets shall be installed within the screened area. The location and configuration of the antennas and the equipment cabinets shall be restricted to the height, location, and configuration shown on the approved plans. (*) 3.2 A black glass veneer shall be applied to the existing and proposed roof screen to match the existing black glass and grid panels subject to final approval and inspection of the Community Development Department. (*) 3.3 The structure and all related facilities shall be regularly maintained, painted, and inspected for safety and aesthetics. (*) 3.4 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. (*) 3.5 Prior to January 1, 2003, and prior to each January 1 thereafter, operator shall file with the City of Tustin Community Development Department, a certification of compliance with the guidelines of the Federal ZA Action 02-003 Design Review 00-043 Page 4 Communications Commission (FCC), prepared by an independent third- party qualified to measure radio frequency emissions. (-) 3.6 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 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. ORANGE COUNTY FIRE AUTHORITY rOCFAI (c) 5.1 FEES (1 ) 6.1 Prior to the issuance of a building permit, 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 and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the Orange County Fire Authority at (714) 744-0499 or visit the Orange County Fire Authority website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." 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. ZA Action 02-003 Design Review 00-043 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 dollars ($43.00) 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.