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HomeMy WebLinkAboutPC Minutes 02-12-08MINUTES r ~ REGULAR MEETING i u~ i nv ru-~ivivii~~ ~,viviivn~Jiviv FEBRUARY 12, 2008 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Murray, Puckett, Thompson Presented by: PRESENTATION Chair Nielsen and Linda Jennings, Tustin Garage, 1915, Tustin Historic Register Plaque President,Tustin Beach Pit BBQ at Tustin Garage Preservation Conservancy Tim DeCinces, Owner 560 EI Camino Real Nielsen Stated that it was his great pleasure to present this plaque in recognition of a Tustin landmark since 1915 and also the excellent reuse of the facility with the Beach Pit BBQ; invited the owner, Tim DeDinces, to the lectern and also invited Linda Jennings and any member of the Tustin Historical Society who might be in attendance to participate in the presentation. Added that he has visited the restaurant and can recommend the food and atmosphere. Thompson Indicated he and his family had also visited the restaurant and would recommend the sliders. Puckett Agreed with Commissioner Thompson's recommendation. Murray Echoed the above comments and provided a menu as proof of his visiting the restaurant. Mr. DeCinces Stated that this was his first time attending a Planning Commission meeting to receive an award; he and his staff are very happy to be a part of the Tustin community; this reuse was made possible by a number of people, including the Planning staff, who shared his vision of this reuse of an historical building. Minutes -Planning Commission 2-12-08 -Page 1 None PUBLIC CONCERNS Approved CONSENT CALENDAR 1. APPROVAL OF MINUTES -JANUARY 22, 2008, PLANNING COMMISSION MEETING. 2. APPROVAL OF CERTIFICATE OF APPRO- PRIATENESS REPORT REGARDING OLD TOWN PROJECTS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM DECEMBER 11, 2007, TO, FEBRUARY 12, 2008. It was moved by Thompson, seconded by Puckett, to approve the Consent Calendar. Motion carried 4-1. Nielsen abstained. PUBLIC HEARINGS Adopted Resolution 3. CONDITIONAL USE PERMIT 07-021 AND DESIGN No. 4082 REVIEW 07-021, A REQUEST TO ESTABLISH A MAJOR WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF A STEALTH MONO- PINE, SIX PANEL ANTENNAS, AND ASSOCIATED EQUIPMENT LOCATED WITHIN A BLOCK WALL ENCLOSURE TOWARDS THE REAR OF THE PROPERTY IN AN LANDSCAPED AREA. THIS PROJECT IS LOCATED AT 2441 MICHELLE DRIVE IN THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4082 approving Conditional Use Permit 07-021 and Design Review 07-021. 7:07 p.m. The Public Hearing opened. Swiontek Presented the staff report. Thompson Asked for the height of the antenna at Joe's Garage. Swiontek Stated that the antenna at 36 Auto Center Drive is 60 feet high. Minutes -Planning Commission 2-12-08 -Page 2 Thompson Asked if there is a requirement in the conditions that relates to maintaining the existing landscaping. Swiontek Read Condition 2.3 that addresses that issue. Thompson Questioned whether there would be any loss of parking or landscaping due to the screening. Swiontek Answered there would be no loss of parking; the associated equipment will be located behind the proposed block wall enclosure that will be painted to match the existing building. Murray Referred to the antenna located south of the proposed antenna at the intersection of Michelle and Myford; and, questioned whether the proximity would present any issues or concerns. Swiontek Responded that the Tustin Code requires a minimum of 100 feet between major wireless facilities; the facility at 2631 Michelle is in excess of the required distance. Murray Stated his concern regarding Condition 1.10, a through d, and the potential interference with the 800 MHz radio system. Swiontek Answered that the applicant is required to perform apost- installation test through the County's Sheriff-Coroner Department; upon completion of that test, the Sheriff's office will provide the City with a letter of approval. Murray Asked whether the addition of this tower would contribute to the drainage of power during electrical power outages. Swiontek .Suggested that might be a question for the applicant. Director Added, if upgrading of service were required, that would be determined through the building plan check process. Nielsen Asked for the actual height of the block wall. Swiontek Replied that the height will be 7'/2 feet. Nielsen Questioned whether there would be mitigation measures in place for ongoing or future interference. Director Indicated that, when the interference issue came up some time ago, the carriers got together with local law enforcement and the Orange County Sheriffs Department and created the Minutes -Planning Commission 2-12-08 -Page 3 conditions that are now included; if applicants meet these requirements, there are no issues because of the banding; the telephone number is provided in the event certain carriers have issues; the Sheriff's office closely monitors the interference situations. Nielsen Asked what the wattage output of this antenna will be. Director Stated that would be a question for the applicant. Nielsen Invited the applicant to the lectern. Pete Shubin, representing Indicated the staff report has been reviewed and all the Royal Street conditions of approval are acceptable as presented in the Communications, the report. applicant Regarding the questions: The carriers that have ongoing issues with interference have frequency band widths around the 800 MHz range; Royal Street owns a license which is between 1800-1900 MHz; there have been no known interference problems, and this is monitored on a case-by-case basis. He was not prepared to answer the question of specific wattage output of this site; this site and sites like it throughout Orange County that have been installed recently are operating at somewhat less than 5 percent of the allowable output, even with all the radios turned to the maximum. Murray Asked if Royal Street has other sites in close proximity to Tustin or neighboring communities. Mr. Shubin Answered that the Royal Street network is marketed under Metro PCS, a network that was turned on in September for commercial service in Southern California; it was turned on in Los Angeles and is heading into south Orange County this year; there are sites that have been approved and others are under construction in near proximity, such as Santa Ana; to his knowledge, the only ones in Tustin are approved and in the plan check stage. Thompson Referred to the attempt to contact Joe's Garage; and, asked when a decision is made not to pursue an existing pole. Minutes -Planning Commission 2-12-08 -Page 4 Mr. Shubin Stated there are two approaches: • With regard to the Joe's Garage property, Royal Street was interested in looking at the existing Nextel facility and also perhaps extending the parking lot lights on the roof of the garage that would have minimal impact and still meet the coverage needs; due to one of the property owners decease and the properly being in a stage of upheaval, there was no one who could sign a lease. • If that issue had not come up, Royal Street would not have looked at that pole very long; an attachment to the pole probably would not have been allowed; that would have become a drop and swap, meaning tear it down to build something else, creating a budget that would not be financially feasible. Puckett Commented that the camouflage is the best he has seen. Mr. Shubin Responded that the director of Royal Street has the mindset to do things right the first time rather than trying to fix problems later. Kozak Added that the applicant has done an excellent job creating a stealth facility that is very attractive; and, asked if Joe's Garage were to request co-location on the proposed site, would the facility accommodate those antennas. Mr. Shubin Replied that, since that structure is 60 feet tall, the antennas would require the structure to be a little taller; as networks mature over time, the heights will become lower; if that were to be the case, a co-location would be acceptable; other carriers would also be able to co-locate on this facility in the lower branches. 7:30 p.m. The Public Hearing closed. Commissioners It was the consensus of the Commission that this is a good project and is welcome in Tustin. It was moved by Murray, seconded by Kozak, to adopt Resolution No. 4082. Motion carried 5-0. REGULAR BUSINESS Minutes -Planning Commission 2-12-08 -Page 5 Received report 4. PROJECT SUMMARY The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved, major improvement projects, and other items of interest. Director Explained staffs purpose in providing the Summary of Projects. Thompson Asked if there is any way staff can calculate how far along the overall project is at this point. Director Stated that staff may be able to expand the monitoring report for the Commission; the residential information is quite detailed by developer; staff may be able to further identify the Master Developer's square footages by neighborhoods; staff will also be bringing the EIR/EIS monitoring report to the Commission for recommendation to the City Council. Puckett Suggested that it appears Vestar is approximately $5 percent complete; there appear to be two or three pads yet to be filled; is there information regarding what will be going in there. Director Indicated the Bistro West restaurant is currently under construction; Marmalade will be coming in for permits in the near future. Kozak Thanked staff for the informative report; and, asked if the Tustin Strata Center is the site on the corner where the old house is located. Director Answered in the affirmative. Kozak Questioned whether the developer has met with staff and developed an acceptable proposal granting the right-of-way. Director Answered in the affirmative. Kozak Commented that it is good to see that the Orange County Rescue Mission is moving forward as an intervention for homeless families, a very important resource. Thompson Asked staff to characterize how the slow-down in the economy relates to the Legacy. Minutes -Planning Commission 2-12-OS -Page 6 Director Answered that developers will be requesting a modified phasing plan, phasing in the same manner but perhaps the phasing will be cut in halves or quarters because lenders are requesting that phases be sold out before funding would be allowed for the next phase. Nielsen Questioned whether or not The Cottages might be delayed. Director Indicated that the situation there is the same as everywhere else in the industry. Nielsen Asked about retail tenants for the live/work and restaurant area at Prospect Village. Director Replied there is not yet an approved tenant for the restaurant space; the developer is anticipating being completed by the end of next month. Nielsen Asked for clarification and delineation between the duties of the Planning Commission and the Zoning Administrator. Director Suggested perhaps it would be useful to provide the Zoning Administrator ordinance to the Commissioners. Nielsen Replied that would be appreciated; and, asked about the planned schedule for Tustin Ranch Road through to Edinger. Lutz Stated it is his understanding that the completion is planned for 2009-2010. Nielsen Questioned what the phasing of the project would be, whether the pass-through south of Walnut would be done first or near The District. Lutz Replied that City staff has been working with the City of Irvine regarding the costing of the improvements; he is not sure of the phasing plan but will get that information for the Planning Commission. Murray Asked if there is an expected completion date for Barranca as it relates to Jamboree and The District. Lutz Indicated he has little involvement with the Legacy; he can ask Doug Anderson to provide answers in that regard. Director Suggested that the information could be provided in a memorandum format. Minutes -Planning Commission 2-12-08 -Page 7 Murray Referred to earlier comments that the District is 85 percent complete; and, asked if any additional traffic mitigation is in place or planned for the interior traffic plan. Director Responded that there have been on-site mitigation improvements that can be provided to the Commission; staff will provide that information in a monitoring format. Puckett Stated he purchased his home March 1, 1975, in Peppertree which Tustin Ranch Road from Walnut south will abut; there was a time when people complained about that road going through who are now pleased that the road will connect the residents into the District. Asked if the work is progressing on Cathy's Kids. Director Indicated that permits were issued recently and progress should be evident soon. Puckett Asked if the Citrus Ranch Park is the park just north of the golf course and would include the entire area. Director Answered in the affirmative. STAFF CONCERNS: 5. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 5, 2008, CITY COUNCIL MEETING. Director reported In the Director's absence, Dana Ogdon attended the February 5th meeting; any questions should be directed to him. Nielsen Mentioned that he attended the Council meeting; there was a nice presentation regarding the schools planned for the Legacy. COMMISSION CONCERNS Thompson Stated that he and his wife attended and enjoyed the Mayor's Inaugural Dinner. Offered his congratulations to Mayor Amante. Attended with Mayor Amante the Coastal Commission hearing as part of his role with the Orange County Transportation Committee Citizens' Advisory Committee; Minutes -Planning Commission 2-12-08 -Page 8 5,000 people were in attendance; he spent 14 hours there ~ " and the meeting continued another five hours after he left; it s was sad to hear the TCA accused of immoral and wrongful acts, causing him to be thankful for the professionalism that exists in Tustin. Stated he is looking forward to the ground-breaking ceremony for the new Tustin Library next week. Kozak Congratulated Mayor Amante for his efforts in establishing the quiet zone along the railroad corridor at Red Hill which should bring relief to the property owners and residents along that right-of-way. Thanked staff for the project status report; and, asked what is happening at Tustin Royale. Direction Indicated that interior rehabilitation is underway. Kozak Stated that, when he visited the site for the wireless agenda item, he noticed the vacant property that abuts Tustin Ranch Road and the freeway; and, asked if staff had any information regarding whether that will remain a blank, weed-covered patch of land. Director Asked for the specific location. Kozak Reiterated the site is at Tustin Ranch Road and the freeway, behind Toshiba. Director Indicated that staff would investigate and report back to the Commission. Murray Asked if the property being referred to is off EI Camino Real near Browning on the opposite side of the freeway. Kozak Answered in the negative. Murray Asked staff about the property on EI Camino near Browning that is fenced, seems to have gone through various changes, but remains an eyesore. Director Responded that property is City-owned. Murray Stated the Mayor's Inaugural dinner was outstanding; and, offered his compliments to Mayor Amante and to Chair Pro Tem Puckett for his participation in those ceremonies. Minutes -Planning Commission 2-12-08 -Page 9 Murray continued Reminded everyone that the Miss Tustin event takes place March 1, and the Street Fair and Chili Cook-off take place on June 1. Puckett Indicated it was good to have Chair Nielsen back; filling his role on the Planning Commission is not an easy task. Noted he is the President-Elect of the Tustin Community Foundation which sponsored the Mayor's Inaugural dinner; this event is becoming the social event of the year in Tustin and a humbling process for the new mayor; he has not seen the financial report but believes the event will provide several thousand dollars back into other Tustin non-profit endeavors. Stated he attended the quiet zone meeting at Tustin Meadows; Mayor Amante did an excellent job; the people seemed pleased with what was presented. Reminded everyone that Valentine's Day is coming up; this is an important day and should not be overlooked. Nielsen Noted that today is the 199th birthday of Abraham Lincoln; with Presidents Day coming up, it is important to remember both presidents who are being remembered. Asked staff about plans for future tours for the Planning Commission. Director Responded that early darkness hinders the purpose; if the Commissioners could be available at 4:00, staff could arrange another tour. Nielsen Requested that staff provide information regarding the areas previously discussed and the timeframe necessary. Stated he has been approached by various residents regarding building permit issuance; and, asked whether or not staff has any type of feedback information for customers to provide back to the City. Director Answered that feedback is not requested for each building permit; a form is provided upon approval of discretionary actions; perhaps something similar could be developed for permits. Nielsen Indicated he would be interested in seeing something like that implemented. Minutes -Planning Commission 2-12-08 -Page 10 Nielsen continued Noted he also attended the Mayor's Inaugural gala; it was a very good time with great food and people. 8:00 p.m. ADJOURNMENT: Murray Suggested the meeting should be dedicated to the Commissioners' Valentines for giving them the time to spend at public meetings; all the Commissioners concurred with that suggestion. The next regular meeting of the Planning Commission is scheduled for Tuesday, February 26, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centen~i~l Way. Jofin,~lielsen Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission 2-12-08 -Page 11