Report - City of Tustin

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Exhibit A Resolution No 4163 Page 2 1 16 The applicant shall agree at its sole cost and expense to defend indemnify and hald 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 17 The Community Development Department may review Design Review 09 033 annually or more often to ensure that the project is in compliance with the conditions of approval contained herein The Community Development Director may initiate proceedings to amend or revoke Design Review09 033 if the project does not comply with the conditions of approval 1 18 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 by ordinance 1 19 The frequencies used by the wireless facility shall not interfere with the Public Safety 800 MHz Countywide Coordinated Communications System CCCS number to which interference 1 10 The applicant shall provide a 24 hour phone problems may be reported To ensure continuity on all interference issues the name telephone number fax number andamail 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 1 11 The applicant shall ensure that a lessee or other users shall comply with the terms and conditions of Design review 09 033 and shall be responsible for the failure of any lessee or other users under the control of the applicant to comply 1 12 Radio frequency emissions shall not exceed the radio frequency emission guidelines of the Federal Cammunications Commission FCC as such guidelines may be amended from time totime The applicant shall provide to the Community Development Department a pre and post installation test showing compliance with the guidelines established by the FCC
Exhibit A Resolution No 4163 Page 3 USE RESTRICTIONS 1 21 The facility shall be limited to nine 9 panel antennas one 1 parabolic antenna and associated equipment All antennas shall be located as depicted in the approved plans and associated ground mounted equipment shall be located within the proposed block wall equipment enclosure 1 2 No trees shall be relocated or removed to accommodate the project The applicant shall make a note to this effect on the plans In addition the applicant shall be responsible for replacing any trees that may become diseased and or die as a result of the installation and operation of the proposed wireless facility 1 23 The applicant shall be responsible for obtaining any required approvals or clearances from the applicable easement holders for work in any easement areas 1 24 The structure and all related facilities shall be regularly maintained and inspected for safety and aesthetics by the applicant in accordance with the approved plans 1 2v The equipment shall not bear any signs or advertising devices other than certification warning or other required seals or signage 1 26 Utilities associated with the proposed facility which are not contained within the proposed block wall enclosure such as but not limited to telecommunication and power supplies shall be located underground 1 27 At building plan check the applicant shall submit a plan identifying hardscape landscape and other improvements that will be removed under the proposed plan 1 28 Prior to issuance of building permits the applicant shall obtain a license agreement with the City The project plans shall make reference to the license agreement 1 29 The applicant shall evaluate all requests forco location on the facility by additional carrier s and make agood faith determination of each such requesting carrier scompatibility 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 forco location shall be reviewed and approved by the City and require a separate license agreement
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ITEM 6 Report to the Planning Commi
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I r l DR09 033 December 14 2010 Pag
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l I i J I i I DR09 033 December 14
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DR09 033 December 14 2010 Page 7 Ex
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DR09 033 December 14 2010 Page 9 sa
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DR09 033 December 14 2010 Page 11 C
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DR09 033 December 14 2010 Page 13 C
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ATTACHMENTA Location Map
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ATTACHMENT B Land Use Fact Sheet
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ATTACHMENT C Submitted Plans
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Site Selection The proposed siteTMo
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Exhibit 1 Alternate locations map f
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0 z W v o N w v c 1 R NN j t a Mr a
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I I I I W I o r J o Z W Q W e w y I
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M j i i i i I I I i i i t 1 i I i i
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O O Le O Q L Q N V 1 L 3 gin e 0 H
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N i N LL V Q N H G i w
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Ms Monica Moretta August 11 2010 Pa
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Dear Mr Swiontek October 20 2010 Th
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Letters of Support
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Swiontek Ryan From Sent To Cc Subje
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Swiontek Ryan From Sent To Subject
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Letters of Opposition
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Petition to Protect Cedar Grove Par
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Petition to Protect Cedar Grove Par
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Swiontek Ryan From Jennifer Wierks
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Cell Towers continuously emit RF EM
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Tustin CA 92782 715 573 9938 skomoC
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2 Playground equipment and picnic a
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F 4 the costly and imported eucalyp
Page 69 and 70: 6 5 The City Retains Power to Deny
Page 71 and 72: J inATWireless PCS v Ciry Council o
Page 73 and 74: Page X10 Thus residents are justifi
Page 75 and 76: Page l2 Ona local level residents a
Page 77 and 78: Pa X14 Good and Excellent Copies of
Page 79 and 80: Pgc l6 will create anxiety stress w
Page 81 and 82: Exhibit 1 Petition to Protect Cedar
Page 83 and 84: Number Name Email Comments Address
Page 85 and 86: 98 Mitch King kingimC yahoo com 99
Page 87 and 88: 194 MARGARET BURNETT Completely NOT
Page 89 and 90: 284 Junia Martinson 285 Ann Lew 266
Page 91 and 92: 363 Al 8eerdsen 364 Tanya Zaverl No
Page 93 and 94: 422 jacklyn huang stop the tower 42
Page 95 and 96: Number Name Email Comments Your Zip
Page 98 and 99: Panned Out View Data Coverage is Re
Page 100 and 101: ATTACHMENT E Information Pertaining
Page 102 and 103: The City also maintains control ave
Page 104 and 105: in keeping with the majority of the
Page 106 and 107: Htunan Exposure To Radio Frequency
Page 108 and 109: WHQ Electromagnetic fields anti pub
Page 110 and 111: 112010 WHO Electromagnetic fields a
Page 112 and 113: 112010 WI 10 Electromagnetic fields
Page 114 and 115: RESOLUTION NO 4163 A RESOLUTION OF
Page 116 and 117: Resolution No 4163 DR09 033 Page 3
Page 118 and 119: Resolution No4163 DR09 033 Page 5 C
Page 122 and 123: Exhibit A Resolution No 4163 Page 4
Page 124 and 125: Exhibit A Resolution No 4163 Page 6
Page 126 and 127: Municode Page 1 of2 PART 6 DESIGN R
Page 128 and 129: RESOLUTION NO 01 95 A RESOLUTION OF
Page 130 and 131: Resolution No01 95 Page 3 G That it
Page 132 and 133: EXHIBIT A DESIGN GUIDELINES FOR ABO
Page 134 and 135: Exhibit A of Resolution No01 95 Pag
Page 136 and 137: Exhibit A of Resolution No 01 95 Pa
Page 142 and 143: Exhibit A of Resolution No 01 95 Pa
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Report - City of Tustin

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