Loading...
HomeMy WebLinkAboutZA 00-006/DR 00-004 2 J ZONING ADMINISTRATOR ACTION 00-006 DESIGN REVIEW 00-004 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 4 I. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 29 The Zoning Administratorfinds and determines as follows: A. That a proper application for Design Review 00-004 was filed by Jonathan Lapen requesting authorization to install a three sector (total of 12 antennas) roof mounted wireless facility at 18231 Irvine Boulevard, within the Professional (PR) zoning district, "Professional Office" General Plan land use designation and the Town Center Redevelopment Project Area. B. 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. C. That the Zoning Administrator reviewed the application on March 20, 2000. D. 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. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. E. That this project involves minor modifications to an existing building, and is therefore Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15303 (Class 3) of the Act. F. That the project has been reviewed for consistency with the General Plan, including the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the General Plan, including the Air Quality Sub-element. I ZA Action 00-006 2 Page 2 3 II. The Zoning Administrator hereby approves Design Review 00-004 authorizing installation of a three (3) sector (total of 12 antennas) stealth roof-mounted facility building on an existing office building and a 200 square foot equipment located at 18231 Irvine Boulevard, subject to the conditions contained within Exhibit A, attached hereto. 4 ." " 7 8 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 20th day of March 2000. 9 10 a~~AG?~~)- ELIZABETH A. BINSACK ZONING ADMINISTRATOR II 12 13~;;? . 14/ BARBARA RE~ 15 RECORDING SECRETARY 1(, 17 STATE OF CALIFORNIA) I~ COUNTY OF ORANGE ) CITY OF TUSTIN ) 19 20 I, Barbara Reyes, 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. 00-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 20th day of March 2000. 21 22 2J aJ~~ BARBARA REYES Recording Secretary 24 25 26 27 28 2<) EXHIBIT- A OF ZA ACTION 00-006 FINDINGS AND CONDITIONS OF APPROVAL DESIGN REVIEW 00-004 MARCH 20, 2000 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 20, 2000, 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 modification 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 Approval of Design Review 00-004 is contingent upon the property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 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) 1.5 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. (1) 1.6 Design Review approval shall be reviewed by the Director of Community Development 9n March 20, 2005. The Director may recommend to the Planning Commission or the City Council additional conditions or modifications to the existing conditions or facilities as part of such review to protect the public health, safety and general welfare. SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODElS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (1) (2) (3) (4) .** Exhibit A- Conditions of Approval DR 00-004 March 20, 2000 Page 2 (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 be a licensed engineer/architect. No field changes shall be made without corrections 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 · 1996 National Electrical Code with California Amendments · City of Tustin Grading and Security Ordinance · City of Tustin Landscaping and Irrigation Guidelines USE RESTRICTIONS (4) 3.1 The facilities shall be limited to three (3) four (4) antenna sectors and a ground mounted equipment shelter. The location and configuration of the antennae and the equipment shelter shall be restricted to the height, location, and configuration shown on the approved plans except as modified herein. (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. Exhibit A- Conditions of Approval DR 00-004 March 20, 2000 Page 3 (4) 3.3 The equipment shelter building shall be constructed of materials, colors and finish consistent with the existing office building. The overall height shall not exceed ten feet and seven inches (10'-7") and shall be screened with a combination of shrubs, trees and ivy to provide sufficient screening subject to final approval of the community Development Department. (4) 3.4 All portions of the antennas shall be located a minimum of six (6) inches below the parapet. All antennae and exterior elements of the proposed facility shall be fully screened and concealed within the existing mansard roofing. 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. (4) 3.5 No exterior equipment on the ground mounted equipment building and enclosure shall be visible. Air conditioner units shall be located where they will not be visible from the public right-of-way subject to final approval of the Community Development Department. 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 00-004 March 20, 2000 Page 4 (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 $38.00 (thirty eight 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.