HomeMy WebLinkAboutDR 00-043
DATE:
SEPTEMBER 18, 2002
rs
I n t e r - Com '},s~~
TO:
FROM:
ZONING ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DESIGN REVIEW 00-043
APPLICANT:
SPRINT PCS
4683 CHABOT DRIVE, #100
PLEASANTON, CA 94588
ATTN: MIKE BAXTER
OWNER:
DONAHUE SCHRIBER
8020 EAST SANTA ANA CANYON ROAD
ANAHEIM, CA 92808
ATTN: KAREN FINKE
LOCATION:
18302 IRVINE BOULEVARD
ZONING:
PLANNED COMMUNITY COMMERCIAL (PC COMM)
REQUEST:
ENVIRONMENTAL
STATUS: THIS PROJECT 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).
AUTHORIZATION TO ESTABLISH A ROOF-MOUNTED WIRELESS
COMMUNICATION FACILITY ON AN EXISTING OFFICE BUILDING
RECOMMENDATION
That the Zoning Administrator approve the proposed building-mounted wireless facility by
adopting Zoning Administrator Action 02-003.
BACKGROUND
The applicant is requesting authorization to establish a Minor Wireless Communication
Facility on an existing office building. The proposed facility would include:
Zoning Administrator Report
DR 00-043
September 18, 2002
Page 2
. Three (3) sectors of four (4) antennas for a total of twelve (12) antennas; and,
. Six (6) roof-mounted equipment cabinets.
The site is located on the southeast corner of Irvine Boulevard and Holt Avenue intersection
and bounded by commercial/office buildings on all sides. The subject property is located
within the Planned Community Commercial (PC COMM) zoning district and within the
boundaries of the Town Center Redevelopment Project Area (Attachment A).
In accordance with the City's Wireless Facilities Ordinance, the proposed building-mounted
facility is considered a Minor Wireless Facility and requires approval of a design review.
Tustin City Code (TCC) Section 9299(b)(3)(c) grants authority to the Zoning Administrator to
approve Design Review applications within the City's Redevelopment Project Areas.
PROJECT DESCRIPTION
J The Planning;;;a,mmission approved development of the office building site on March 3,
1980. The apWovals included construction of a forty-six (46) foot tall building with rooftop
equipment exceeding the maximum allowable height in the commercial zoning district by
approximately ten (10) feet (Conditional Use Permit 80-3). The maximum allowable height
in the Retail Commercial (C-1) zoning district is fifty (50) feet. The existing office building is
a three-story office building with brick fayade at the ground floor and glass curtain wall at
the upper floors. The second floor is designed with a blue/gray reflective glass and the third
floor with black spandrel glass. A black fiberglass frame screens the existing roof-mounted
equipment.
The proposed roof-mounted facility would expand the equipment screen on the easterly
and westerly sides (Attachment B - Submitted Plans). The extension is needed for
installation of three sectors containing twelve (12) antennas and wireless equipment
cabinets. To complement the existing building design, the applicant has proposed to install
a black glass veneer with matching metal frame over the existing fiberglass screen and the
proposed extensions. Submitted photosimulations indicate that the proposed expansion
would complement the building and improve the aesthetics of the existing fiberglass
panels. The expansion would be visible from Irvine Boulevard, Holt Avenue, and the
parking lot to the east of the building. However, given the existing design of the building, it
would appear as a penthouse addition rather than roof-mounted equipment.
The Orange County Sheriff's Department has approved the proposed site in that no
interference with the Orange County's 800 MHZ Countywide Coordinated Communications
System (CCCS) is anticipated. The applicant has also included additional provisions that
are included as Condition 1.8 (Attachment C) to address any future concerns and to
. conduct a test prior to operation of the facility.
ANALYSIS
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
Zoning Administrator Report
DR 00-043
September 18, 2002
Page 3
communications facilities. The first preference is for cellular antennas to be located on
existing buildings or facilities. Since the proposed project would extend an existing roof
screen, there would be minor aesthetic impact from the public right-of-way or surrounding
private properties. The expansion is designed to complement the building design. In
addition, the proposed glass veneer improves the appearance of the existing fiberglass roof
screens.
As conditioned, the location, size, architectural features, and general appearance of the
proposed project will not impair the orderly and harmonious development of the area, the
present or future development therein, or the occupancy as a whole.
The Redevelopment Agency (RDA) reviewed these plans and has no concerns with the
proposal.
-~. ~
~a-$~X
Minoo Ashabi
Associate Planner
Attachments:
A - Location Map
B - Submitted Plans
C - Zoning Administrator Action 02-003
S,\Cdd\ZAREPORT\DROO-043-sprint.doc
ATTACHMENT A
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ATTACHMENT C
Zoning Administrator Action 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.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 18th day of September 2002.
ELIZABETH A. BINSACK
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.
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, concerning 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, 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.
(*) 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 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, other than during the 24-hour cure period provided in
number 4 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 Califomia Building Code; and,
· 1996 National Electrical Code with Califomia 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 (OCFAI
(c) 5.1 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."
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 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.