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HomeMy WebLinkAboutPC RES 4460 RESOLUTION NO. 4460 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 2022-0013 AND DESIGN REVIEW 2022-0022 AUTHORIZING CONSTRUCTION AND OPERATION OF A STEALTH MAJOR WIRELESS COMMUNICATION FACILITY CONSISTING OF A NEW 72-FOOT HIGH, MONO-EUCALYPTUS WITH ANCILLARY GROUND-MOUNTED EQUIPMENT AT 14451 MYFORD ROAD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2022-0013 and Design Review (DR) 2022-0022 was filed by David McKinley on behalf of CCTMO, LLC "Crown Castle" requesting authorization to construct and operate a major wireless communications facility consisting of a seventy-two (72) foot tall mono-eucalyptus wireless communication facility, nine (9) panel antennas, six (6) remote radio units (RRUs), and six (6) radio antennas and ancillary ground-mounted equipment at 14451 Myford Road. B. That the project site, located in the Planned Community Industrial (PC IND) Zoning District, is subject to the Irvine Industrial Complex Planned Community District Regulations and located within the Planned Community Commercial/Business General Plan Land Use Designation. C. That Sections 9276d(1) and 9276e of the Tustin City Code (TCC) require approval of a CUP and DR prior to the establishment of a major wireless facility. D. That a public hearing was duly called, noticed, and held for CUP 2022- 0013 and DR 2022-0022 on November S, 2022, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use 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, and be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1. The project is consistent with Section 9276 of the TCC pertaining to wireless communication facility regulations and guidelines in that the placement of major wireless communication facilities within the Planned Community Industrial (PC-IND) zoning district is encouraged and the facility is proposed on a portion of a property Resolution No. 4460 Page 2 where landscaping and adjacent buildings are of comparable .heights. 2. The proposed facility meets all of the distancing requirements outlined in Section 9276h of the TCC in that it would be more than 300 feet from any residential uses and more than 100 feet away from any legally established major wireless communication facility. The project is not in the vicinity of any sensitive or residential uses where it would create a nuisance for the people residing or working in the area. 3. The location, size, and general appearance of the proposed project is compatible with the surrounding area in that the facility, as proposed and conditioned, has been designed to minimize visual impacts to the surrounding community. The proposed facility is designed as a stealth mono-eucalyptus, the existing mature trees in the adjacent landscape area, newly installed landscaping on the project site, the setback of over 700 feet from Myford Road will all further screen the facility. The installation of ancillary equipment for the facility is proposed to be ground-mounted and screened by a six (6) foot - eight (8) inch high block wall enclosure painted to match the adjacent industrial building. 4. The overall height of seventy-two (72) feet for the mono-eucalyptus wireless facility would not infringe upon the Federal Aviation Administration airspace easement for John Wayne Airport. 5. As conditioned, the applicant is required to comply with the Federal Communications Commission guidelines related to radio frequency emissions and shall submit a post-installation test to confirm that the "planning and frequency coordination" of the facility was successful in not interfering with the City of Tustin's Public and Safety Radio equipment. F. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered the following items: 1. Height, bulk, and area of the proposed structure: the seventy-two (72) foot height of the proposed mono-eucalyptus wireless facility is integrated into mature and newly-planted landscaping. 2. Setbacks and site plan: the proposed setback of approximately 700 feet from Myford Road and its location to the rear of the existing building and project site reduces the visual intrusion to the surrounding community. Resolution No. 4460 Page 3 3. Exterior materials and colors: The use of faux tree materials and colors disguise the proposed wireless facility and the ground-mounted block wall enclosure is conditioned to match the existing building. 4. Co-location: The proposed facility is proposed as a co-location for T-Mobile and Dish Wireless and has been conditioned to evaluate requests for additional co-location and determine the feasibility of additional carriers on the mono-eucalyptus facility. 5. Landscape: No trees would be removed as a result of the proposed facility. 6. Signage: Only signage related to certifications and warnings will be allowed at the facility in accordance with proposed Condition of Approval No. 2.4. No advertising would be permitted on the facility. 7. Physical relationship of proposed structures to existing structures in the neighborhood: The proposed facility is taller than adjacent and surrounding buildings, but is compatible as a faux mono-eucalyptus facility and of superior design to the existing mono-pole that is proposed to be decommissioned. 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares: The proposed facility may be visible from Myford Road at a distance of 700 feet, but will be integrated into existing trees and landscaping with its stealth design. 9. Development Guidelines and criteria as adopted by the City Council: the proposed facility complies with the guidelines and criteria in TCC Section 9276. G. That this project is Categorically Exempt pursuant to Section 15303 (Class 3) and 15302 (Class 2) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves CUP 2022-0013 and DR 2022- 0022, authorizing the construction and operation of a major wireless facility consisting of a seventy-two (72) foot tall mono-eucalyptus, nine (9) panel antennas, three (3) radio antennas, six (6) RRUs, and ancillary ground- mounted equipment located within an equipment enclosure at 14451 Myford Road, subject to the conditions contained within Exhibit A attached hereto. Resolution No., 4460 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8th day of November, 2022. DAVID J,Y(ELLO, J Chairperson JU INA L. WILLKOM Pla ning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4460 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 2022. PLANNING COMMISSIONER AYES: Chu, Higuchi, Kozak,. Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JU NA L. WILLKOM Planning Commission Secretary i i EXHIBIT A RESOLUTION NO. 4460 CONDITIONAL USE PERMIT 2022-0013 DESIGN REVIEW 2022-0022 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the Tustin City Code (TCC) and be consistent with submitted plans for the project date stamped November 8, 2022 on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the TCC or other applicable regulations. (1) 1.2 This approval of Conditional Use Permit (CUP) 2022-0013 and Design Review (DR) 2022-0022 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 CUP 2022-0013 and DR 2022-0022 approval shall remain valid for the term of the Lease Agreement or License including any extension thereof. Upon termination or expiration of the Lease Agreement or License, or upon the failure of Grantee to build the facility within 180 days of its approval, approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of CUP 2022-0013 and DR 2022-0022 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 Community Development Director and evidence of SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (T) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4460 CUP 2022-13; DR 2022-0022 Page 2 recordation shall be provided to the Community Development Department. (1) 1.5 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 attach, 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 this sole cost and expense, elect to participate in defense of any such actions under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1} 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council Ordinance. {1) 1.8 Any public improvements damaged by the applicant adjacent to this project shall be repaired and/or replaced by the applicant as determined by the Public Works Department and shall include but not be limited to curb, gutter, street paving, and drive apron. (1) 1.9 The frequencies used by the wireless facility shall not interfere with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). (1) 1.10 Operation of the wireless facility shall comply with the proposed methods of operation as proposed by the applicant and noted on the plans: a. The applicant shall provide a 24-hour phone number to which interference problems may be reported. To ensure continuity on all interference issues the name, telephone number, fax number, and e-mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of the facility. The applicant shall file the accessory equipment identification number, company name, person responsible for maintenance of the accessory equipment, and the phone number with the Public Works Department. Exhibit A Resolution No, 4460 CUP 2022-13; DR 2022-0022 Page 3 b. The applicant shall ensure that licensee or other users shall comply with the terms and conditions of CUP 2022-0013 and DR 2022-0022 and shall be responsible for the failure of any licensee or other users under the control of the applicant to comply. c. 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. The applicant shall provide to the Community Development Department a pre and post-installation test showing compliance with the guidelines established by the FCC. USE RESTRICTIONS (1), (4) 2.1 The facility shall be limited to the following exterior equipment: ■ One (1) stealth mono-eucalyptus tree designed on a 63-foot high pole; with faux bark up to 25-feet high, and an overall height of seventy-two (72) feet to the top of the tallest faux eucalyptus branches/eaves; designed to conceal, ■ Nine (9) panel antennas, Six (6) radio antennas, ■ Six (6) RRU units, and ■ One (1) ground-mounted 441 square foot equipment enclosure design with a six (6) foot — eight (8) inch block wall painted to match the industrial building. (1), (4) 2.2 All antennas and associated equipment shall be located as depicted in the approved plans. (1), (4) 2.3 . The mono-eucalyptus and all related facilities shall be regularly maintained and inspected for safety and aesthetics by the applicant in accordance with the approved plans. (1), (4) 2.4 The equipment shall not bear any signs or advertising devices (other than certification, warning or other required seals or signage. (1), (4) 2.5 Utilities associated with the proposed facility shall be located underground or within the equipment enclosure. (1), (4) 2.6 All exterior treatments shall be consistent with the submitted plans and noted on all construction plans and elevations submitted for Building Permit Plan Check, subject to review and approval by the Community Development Department at final inspection. Exhibit A Resolution No. 4460 CUP 2022-13; DR 2022-0022 Page 4 {1) 2,7 The applicant shall evaluate all requests for co-location on the facility 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. All requests for co-location shall be reviewed and approved by the City. (1) 2.8 Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the applicant shall be responsible for removing graffiti from accessory equipment within forty-eight (48) hours following notification. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. (4) 2.9 The outdoor equipment shall be constructed of a material that will be rust resistant (i.e., stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. (1), (4) 2.10 The proposed antenna panels shall be painted to match the mono- eucalyptus. (1) 2.11 The applicant shall be responsible for obtaining any required approvals or clearances from the applicable easement holders for access or improvements in any easement areas. (1) 2.12 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. Exhibit A Resolution No. 4460 CUP 2022-13; DR 2022-0022 Page 5 (***) 2.13 The six (6) foot, eight (8) inch block wall enclosure, concealing the ground mounted equipment, shall be painted to match the existing industrial building located on the same parcel. The antennas and equipment mounted on the pole shall be painted to match the faux foliage. The pole, at the top of the faux bark (above the 25-foot-high mark), shall be painted to match the bark. New drought tolerant landscaping surrounding the equipment enclosure shall be installed and continuously maintained. BUILDING PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes, California Fire Code and City Ordinances, State and Federal laws, and other regulations as amended and adopted by the City Council of the City of Tustin. (1) 3.2 Prior to the issuance of a construction permit, the applicant shall submit a materials board for the proposed mono-eucalyptus monopole, including faux bark. PUBLIC WORKS DEPARTMENT (1) 4.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least sixty-five (65) percent of the project waste material. b. The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five (5) percent of the project's valuation. c. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or 'money order made payable to the "City of Tustin" Exhibit A Reso[ution No. 4460 CUP 2022-13; DR 2022-0022 Page 6 FEES {1) 5.1 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 fifty dollars ($50.00) 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. {1) 5.2 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 application submittal and/or permit issuance and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. C. Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year.