HomeMy WebLinkAbout02 PC REPORT CUP 2023-0018 DR 2023-0029 AGENDA REPORT ITEM 92
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MEETING DATE: FEBRUARY 13, 2024
TO: PLANNING COMMISSION
FROM: JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONDITIONAL USE PERMIT 2023-0018
DESIGN REVIEW 2023-0029
APPLICANT: PROPERTY OWNER:
BRIAN DE LA REE ALI SHAH TAZEROUNI
DISH WIRELESS IRVINE LAW CENTER, LLC
7545 IRVINE CENTER DRIVE, SUITE 250 1352 IRVINE BOULEVARD
IRVINE, CA 92618 TUSTIN, CA 92780
LOCATION: 1352 IRVINE BOULEVARD
GENERAL PLAN: PROFESSIONAL OFFICE (PO)
ZONING: PROFESSIONAL DISTRICT (PR)
ENVIRONMENTAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO THE
STATUS: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION
15303 (CLASS 3).
REQUEST: A REQUEST TO CO-LOCATE A NEW MAJOR WIRELESS FACILITY
LOCATED ON THE ROOFTOP OF AN EXISTING COMMERCIAL
BUILDING LOCATED AT 1352 IRVINE BOULEVARD. THIS
REQUEST INCLUDES THE INSTALLATION OF WIRELESS
ANTENNAS AND OTHER COMMUNICATION INFRASTRUCTURE
LOCATED BEHIND A NEW CUPOLA DESIGNED AND PAINTED TO
MATCH THE EXISTING BUILDING.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4483 approving Conditional Use
Permit (CUP) 2023-0018 and Design Review (DR) 2023-0029, approving a request for a
new major wireless facility that extends above the maximum building height of the zone,
located on the rooftop of an existing commercial building at 1352 Irvine Boulevard.
Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 2
APPROVAL AUTHORITY
Per 9276b, the proposed building-mounted telecommunication project is considered a
"Major Wireless Facility" because it exceeds the building height permitted in the zoning
district in which the facility is located. Tustin City Code (TCC) Section 9276d(1) and (3)
requires Planning Commission approval of a CUP for new and modified major wireless
facilities, and wireless communication facilities that exceed the maximum height permitted
in the zoning district in which the facility is located. Section 9276e of the TCC requires
that the DR be deferred to the Planning Commission when a CUP is required.
BACKGROUND
The subject property is located at 1352 Irvine Boulevard within the Professional District (Pr).
The General Plan designation is Professional Office (PO), which allows for professional
office uses.
The project site is located on the south side of Irvine Boulevard, east of Red Hill Avenue.
The project site is an existing office building located between a church to the east and
residential homes to the north, west and south (Figure 1). Uses located on the property
currently include professional offices, a vocational school and a Montessori academy.
Project Location
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Figure 1 -Location Map
Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 3
On January 19, 1998, the City Council approved Ordinance 1192 adopting regulations for
public and private wireless communication facilities in the City of Tustin. These regulations
require Planning Commission approval of a CUP and DR approval to establish or modify
major wireless communication facilities in the City of Tustin.
In 2016, the City administratively approved DR 2015-024, which authorized a wireless
telecommunications facility on the project site, involving the construction of two rooftop
towers to conceal 12 panel antennas, 12 RRUs, three raycaps, associated equipment, and
a standby generator.
PROJECT DESCRIPTION
As conditioned, the proposed wireless facility would be constructed on the rooftop of an
existing commercial building. This request includes the installation of one cabinet on a
platform, six antennas and 12 radios located behind a new cupola, which would be designed
and painted to match the existing building (Figure 3). The wireless infrastructure would be
fully concealed by the cupola structure.
According to the applicant, the project will provide quality coverage as a result of the height
and location of the proposed site, helping to support 5G connectivity of residents,
businesses, and first responders. The increased height would meet the full Radio Frequency
(RF) objective intended for the residential dwellings targeted by the applicant.
PROPOSED Fwx SnK"$'
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Figure 3—Proposed 6'8" High Cupola Structure Addition
Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 4
Site Selection and Height
The City's Wireless Community Facility Regulations and Guidelines (TCC Section 9276 et
seq.) specifies development criteria for all wireless communications facilities, such as site
selection, locational criteria and guidelines, height standards, and screening criteria, etc.
Section 9276f(1) states that wireless communications facilities shall be located in areas that
will minimize their aesthetic intrusion into the community, and that all screening shall be
compatible with the existing architecture, color, texture and/or materials of the building. In
addition, site selection preference includes locations on existing structures, such as
buildings and co-location on existing wireless facilities.
The siting of the facility meets the above criteria because the proposed cupola structure will
screen the wireless infrastructure and match the existing architecture of the building (Figure
4). The proposed cupola structure is six feet and eight inches high, increasing the building
height to 40 feet. The cupola provides adequate screening for the wireless facility from the
residential community to the east, north and northwest (Figure 5, Page 5), and to the
motorists along Irvine Boulevard (Figure 6, Page 6). While the cupola structure increases
the building height above the allowed height in the zone, the design successfully integrates
the wireless facility with the existing building. In addition, the proposed wireless facility shall
be co-locating on the same building as another existing wireless facility (Verizon).
TCC Section 9276h(1) recommends, but does not require, a 300-foot separation between a
major wireless facility and a residential zone or legally established residential use. As
proposed, the nearest residential development is within the 300-foot separation-, however,
the proposed facility would co-locate with an existing facility in the same building.
i -PROPOSED "WINDOWS"TO
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Figure 4—Enlarged Cupola Elevation
Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 5
Project Building
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Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 6
-- - ---------- - --
Figure 6—Line of Sight Elevation
ANALYSIS
As proposed, the facility meets many of the preferences as outlined in Section 9276 of the
TCC, as follows:
• 9276f(1 b): All screenings for building-mounted wireless communications facilities
shall be compatible with the existing architecture, color, texture, and/or materials of
the building.
• 9276f(2a): Major wireless communication facilities are encouraged to locate on
buildings and co-locate on existing facilities.
• 9276f(3a): Major wireless communication facilities shall not bear any signs or
advertising devices other than certification, warning, or other required seals or
signage.
• 9276g (2): No major wireless communications facility shall be established within any
City of Tustin residential zoning district.
• 9276h: While the major wireless communications facility is located within 300 feet of
a residential zone, the proposed facility is co-locating on the same building with
another carrier.
• 9276i: The proposed height of the major wireless facility does not exceed the zoning
district's maximum height by more than 10 feet.
• The proposed facility is in accordance with the City's DR criteria.
As conditioned, the proposed facility would co-locate a new major wireless facility on the
rooftop of an existing commercial building. This request includes the installation of one
cabinet on a platform, six antennas and 12 radios located behind a new cupola, that has
been designed and painted to match the existing building.
The property at 1352 Irvine Boulevard is developed within a 13,000 square-foot
commercial building located nearby residential uses and a church. There is an existing
Planning Commission
February 13, 2024
CUP 2023-0018 and DR 2023-0029
Page 7
rooftop mounted wireless communications facility, previously approved in 2015 (DR-
2015-024).
The proposed cupola structure extends the height of the building, but maintains the same
design as the existing building, including roof angle, faux windows, and matching paint.
ENVIRONMENTAL
This project is Categorically Exempt from further environmental review pursuant to CEQA
Section 15303, Class 3, "Existing Facilities" in that the project site is an existing facility
involving minor alterations and negligible expansion on an existing commercial building.
PUBLIC COMMENTS
Staff received a public comment from a nearby resident via email on February 1, 2024.
The resident's concern was related to the aesthetics of the project and health impacts on
nearby residential areas. Staff responded to the public comment by explaining the
proposed plans and sharing that the City is prohibited from considering radio frequency
emissions during its deliberations. Staff informed the resident of Section 332 of the
Federal Communications Commission (FCC) regulations regarding wireless facilities,
which reads as follows:
Title 47 U.S.C. § 332(c)(7)(B)(iv):
"No State or local government or instrumentality thereof may regulate the placement,
construction, or modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities
comply with the Commission's regulations concerning such emissions."
RECOMMENDATION
Based on this report and the findings and Conditions of Approval contained in Resolution
No. 4483, staff recommends that the Planning Commission approve CUP 2023-0018 and
DR 2023-0029 to co-locate a new major wireless facility on the rooftop of an existing
commercial building. This request includes the installation of one cabinet on a platform, six
antennas and 12 radios located behind a new cupola which has been designed and painted
to match the existing building.
Attachments: A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans dated February 13, 2024
D. Resolution No. 4483
E. Public Comment Dated February 1, 2024
Prepared and Presented by: Adam Wong, Planning Technician
Approved by: Raymond Barragan, Principal Planner
Jay Eastman, Assistant Community Development
Director- Planning
ATTACHMENT A
Radius Map
1352 Irvine Boulevard
APN: 103-532-19
N
1000 ft.
0 500 ft.
300 ft.
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PJ�
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300 ft,500 ft,and 1000 ft Radius
ATTACHMENT B
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CONDITIONAL USE PERMIT (CUP) 2023-0018 &
DESIGN REVIEW(DR) 2023-0029.
2. LOCATION: 1352 IRVINE BOULEVARD PROFESSIONAL OFFICE ZONE
3. APN: 103-532-19
4. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY:
DR 2015-024 (ESTABLISHMENT OF ROOFTOP WIRELESS TELECOMMUNICATIONS
FACILITY)
5. SURROUNDING LAND USES:
NORTH: RESIDENTIAL EAST: PUBLIC & INSTITUTIONAL
SOUTH: RESIDENTIAL WEST: RESIDENTIAL
6. SURROUNDING ZONING DESIGNATION:
NORTH: COUNTY OF ORANGE EAST: PI
SOUTH: R1 WEST: R1
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: LDR EAST: PI
SOUTH: LDR WEST: LDR
9. SITE LAND USE
EXISTING PROPOSED
A. LAND USE: COMMERCIAL NO CHANGE
B. GENERAL PLAN: PO NO CHANGE
C. ZONING: PR NO CHANGE
DEVELOPMENT FACTS:
10. LOT AREA: 30,492 SF (0.70 ACRES)
11. TENANT SPACE: 313 SF
EXISTING PROPOSED
12. PARKING: COMMERCIAL BUILDING NO CHANGE
13. ANTENNA HEIGHT: 35-FOOT ANTENNAS 38-FOOT ANTENNAS
14. DEVELOPMENT STANDARDS SETBACKS:
THE SITE IS AN EXISTING DEVELOPMENT WHERE THERE IS NO CHANGE OF PRIMARY
USE OR EXPANSION OF FLOOR AREA, AND THE REQUEST WOULD NOT ALTER THE
ORIGINAL INTENT OF THE SITE.
ATTACHMEN
SITE INFORMATION PROJECT DIRECTORY
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ATTACHMENT D
RESOLUTION NO. 4483
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT
2023-0018 AND DESIGN REVIEW 2023-0029 AUTHORIZING
A CO-LOCATION OF A NEW MAJOR WIRELESS FACILITY
LOCATED WITHIN A NEW CUPOLA ON THE ROOFTOP OF
AN EXISTING COMMERCIAL BUILDING LOCATED AT 1352
IRVINE BOULEVARD.
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) 2023-0018
and Design Review (DR) 2023-0029 was filed by Brian De La Ree, on
behalf of DISH Wireless, requesting authorization to co-locate a new
major wireless facility located on the rooftop of an existing commercial
building, including the installation of one (1) cabinet on a platform, six
(6) antennas and twelve (12) radios located behind a new cupola which
has been designed and painted to match the existing building at 1352
Irvine Boulevard.
B. That the proposed project is located in the Professional office (Pr)zoning
district and has a Professional Office (PO) General Plan land use
designation that provides areas of development of primarily professional
office and other supporting uses.
C. That Sections 9276d and 9276e of the Tustin City Code (TCC) requires
approval 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 2023-
0018 and DR 2023-0029 on February 13, 2024, 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
Professional Office (Pr)zoning districts is encouraged and the facility
is proposed on an existing building and co-located on existing
facilities.
Resolution No. 4483
Page 2
2. The proposed facility meets the distancing requirement outlined in
Section 9276h of the TCC in that it would be co-locating on the same
building as an existing wireless facility structure.
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
located on the top of an existing building and screened behind a new
six (6) foot eight (8) inch high cupola structure, which has been
designed and painted to match the existing building.
4. The overall height of the proposed facility and cupola structure
would not infringe upon the height requirements detailed in Section
9276i of the TCC in that the proposed facility would not exceed more
than ten (10) feet of the maximum height permitted in the
Professional Office (Pr) zoning district.
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 six (6)foot eight
(8) inch height of the cupola structure does not exceed the height
restriction of the zoning districts by more than ten (10) feet of the
maximum height permitted in the Professional zoning district.
2. Exterior materials and colors: The cupola structure screening the
wireless facility is integrated into the existing architecture, color,
texture, and material of the building.
3. Co-location: The proposed facility is proposed as a co-location for
Verizon and Dish Wireless and has been conditioned to evaluate
requests for additional co-location and determine the feasibility of
additional carriers on the building site.
4. Landscape: No landscape would be altered or installed as a result
of the proposed facility.
Resolution No. 4483
Page 3
5. 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.
6. 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 cupola structure
designed to match the existing building.
7. Appearance and design relationship of proposed structures to existing
structures and possible future structures in the neighborhood and
public thoroughfares: The proposed facility is visible and will be
integrated into the existing building design.
8. 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, "Existing Facilities" 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 2023-0018 and DR 2023-
0029, authorizing the co-location of a new major wireless facility on the rooftop
of an existing commercial building. This request includes the installation of one
(1) cabinet on a platform, six (6) antennas and twelve (12) radios located
behind a new cupola, which has been designed and painted to match the
existing building at 1352 Irvine Boulevard, subject to the conditions contained
within Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular
meeting on the 13th day of February, 2024.
STEVE KOZAK
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
MICHAEL DAUDT
Assistant City Attorney
Resolution No. 4483
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4483 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of
February, 2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4483
CONDITIONAL USE PERMIT 2023-0018
DESIGN REVIEW 2023-0029
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 February 13, 2024 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 shall become null and void unless 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 Conditional Use Permit and Design Review approval shall remain valid
for the term of the Lease Agreement including any extension thereof.
Upon termination or expiration of the Lease Agreement or License, the
Design Review 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 Conditional Use Permit (CUP) 2023-0018 and Design
Review (DR) 2023-0029 is contingent upon the applicant signing and
returning to the Community Development Department a notarized
"Agreement to Conditions imposed"form. The forms shall be established
by the Community Development Director.
(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
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution No. 4483
CUP 2023-0018; DR 2023-0029
Page 2
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. This condition will also
apply to all existing facilities in the City of Tustin. 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.
b. The applicant shall ensure that licensee or other users shall comply
with the terms and conditions of CUP 2023-0018 and DR 2023-0029
and shall be responsible for the failure of any licensee or other users
under the control of the applicant to comply.
Exhibit A
Resolution No. 4483
CUP 2023-0018; DR 2023-0029
Page 3
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 wireless equipment:
• One (1) cabinet on a platform
• Six (6) antennas
• Twelve (12) radios
(1), (4) 2.2 All antennas and associated equipment shall be located as depicted
in the approved plans.
(1), (4) 2.3 The wireless cell site 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.
(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.
Exhibit A
Resolution No. 4483
CUP 2023-0018; DR 2023-0029
Page 4
(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 cupola structure shall be painted to match the existing
building.
(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.
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 adopted by the City Council of the City of Tustin.
(1) 3.2 All construction shall comply with 2019 California Energy Code,
section 110.10 (a)4, mandatory requirements for solar ready buildings.
(1) 3.3 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.
Exhibit A
Resolution No. 4483
CUP 2023-0018; DR 2023-0029
Page 5
(1) 3.4 Prior to the issuance of a construction permit, the applicant shall
submit a materials board for the proposed cupola structure.
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 (TCC Section
4351 , et al) to recycle at least 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"
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.
Exhibit A
Resolution No. 4483
CUP 2023-0018; DR 2023-0029
Page 6
B. Engineering plan check and permit fees to the Public Works
Department based on the most current schedule at the time of
permit issuance
C. Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule at the time of permit issuance.
ATTACHMENT E
Wong, Adam
From: Brady Darvin >
Sent: Thursday, February 1, 2024 2:02 PM
To: Wong, Adam
Cc: Yasuda, Erica; Kozak, Steve
Subject: new wireless facility at 1352 Irvine Blvd
Follow Up Flag: Follow up
Flag Status: Flagged
Adam- I am writing to express my concern over a notice I received in the mail that a new wireless
communications facility is being planned for construction at 1352 Irvine Blvd. This building is exactly
three hundred sixty-five feet from my home at 12942 Woodlawn Avenue.
I am concerned both about any radiation/emissions from this tower that could affect me and my family,
as well as about the aesthetics of the design.
How can I get more details about this project, and do I have the right to object to its construction at the
Planning Commission meeting scheduled for Feb. 1311 at 7:00pm? Please advise. Thank you.
-Brady Darvin
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