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HomeMy WebLinkAboutPC Minutes 02-10-09MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 10, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Puckett Chair Pro Tem Kozak Commissioners Kasalek, Murray, Thompson Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - JANUARY 27, 2009, PLANNING COMMISSION MEETING. It was moved by Thompson, seconded by Kasalek, to approve the Consent Calendar. Motion carried 5-0. None PUBLIC HEARINGS REGULAR BUSINESS Adopted Resolution 2. DESIGN REVIEW 08-015 A REQUEST FOR No. 4111, as AUTHORIZATION TO INSTALL A REMOTE amended CONTROLLED SWITCH (RCS) CONTROLLER WITHIN THE PUBLIC RIGHT-OF-WAY. THIS PROJECT IS ON THE SIDEWALK WITHIN THE PUBLIC RIGHT-OF-WAY AT THE NORTHWEST CORNER OF MYFORD ROAD AND WALNUT AVENUE IN THE PUBLIC RIGHT-OF- WAY ZONING DISTRICT. Minutes -Planning Commission February 10, 2009 -Page 1 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4111 with the proposed specific findings approving Design Review 08-015. 7:02 p.m. The Public Hearing opened at 7:02 p.m. Swiontek Presented the staff report. Director Added, regarding Finding H.4, that Southern California Edison (SCE) indicated this was the last controller that would be necessary for its service area within the City of Tustin; this Finding was included in order for staff to make a positive recommendation because this would be a significant precedent setting recommendation; the proposed controller is serving an existing and built-out area and the last one needed to serve the City of Tustin; all future controllers and associated systems will be designed to comply with the City's ordinance and design guidelines which include the primary location is to be provided below ground. Thompson Thanked staff for including the guidelines; from a policy standpoint the guidelines are very detailed regarding the finding expectations. Asked if these guidelines apply to the setback area between the public right-of-way and the front of a building; please explain how that is regulated. Willkom Responded that the guidelines are applicable to all cabinets within the public right-of-way; when the cabinet is on private property, the development standards under the Zoning Code apply; staff looks at setbacks, height of the structure, etc.; the utility companies sometimes need to obtain an easement from private property owners. Thompson Suggested that the location, even though it was placed on private property right behind the right-of-way, probably would not have been approved. Willkom Stated that, if a cabinet is located within private property, staff considers potential screening through landscaping, the cabinet being placed farther away from the front property line, etc.; if residential property is involved, staff prefers the cabinet be placed in a side yard if it cannot be underground or to the rear of the home; there are several options that public utility companies and other agencies may consider. Minutes -Planning Commission February 10, 2009 -Page 2 Thompson Questioned whether something should be included in the conditions of approval regarding color; and, asked that Condition 3.4 be modified to specify what color needs to be maintained on the cabinet. Asked if there would be an opportunity to somehow combine. some of the facilities at that location, given that the streetlight, two vents, and cabinet are all in close proximity. Steve Nelson, SCE Replied that the vent pipes are for cooling; the vent pipes cannot Region Manager be obstructed because there are a number of pieces of equipment underground, such as transformers and the switch that activates the circuit is in the vault, all of which generate heat; perhaps future technology will improve so that the structure could be streamlined; the structure's purpose is to restore service as quickly as possible. Thompson Asked if there might be a way that the vent pipes can be more aesthetically pleasing or combined with the cabinet area to make it look more like an homogenous unit. Murray Requested some historical perspective as to why that structure was placed on private property and why post-installation easements were not possible. Mr. Nelson Answered that SCE was as surprised as the City was when the contractor placed the device where it was placed; once SCE saw it, easements were requested; the property owner did not want to encumber that property with that device, regardless of the benefit it might provide in the event of a circuit problem. Murray Asked if the venting has been redesigned or is now aesthetically more pleasing than in the photo shown in the slide presentation. Mr. Nelson Replied that he has seen no new renditions of that switch which is state of the art at this time; over time, all equipment tends to become smaller and more efficient; SCE would target that switch for replacement if that becomes an option; SCE engineers will work with the staff to determine whether or not options are available to make the unit more aesthetically pleased. Kasalek Asked if SCE would be willing to move the vents as referred to in a letter attached to the report; there is now a sort of zigzag path through the various stnactures; there is also a bus stop in that area and pedestrians are involved. Minutes -Planning Commission February 10, 2009 -Page 3 Mr. Nelson Reiterated that SCE would be happy to work with staff to see what is possible in terms of location and the aesthetics; as stated, the cooling is required to ensure there are no failures in the vault. Kasalek Noted that the blue color suggested by SCE should be changed. Nelson Indicated that SCE would work with staff to accomplish the color change. Kasalek Stated the report refers to the unit being 80 feet from the intersection; and, asked if that would be closer to the bus stop area and the trash can. Mr. Nelson Responded that it was his understanding that the unit would be a bit closer to the trash can than shown in the slide and just inside the sidewalk to get it into the public right-of--way. Thompson Suggested modifying Condition 3.4 to specify the color and state options such as changing the venting to be more aesthetically pleasing or combining one of the vents with the cabinet if that is possible. Director Suggested, if it was the consensus of the Commission to do that, perhaps modifying Condition 2.1 which involves the encroachment permit. A sentence could be adding stating: `The planned location and color improvements shall be subject to review and approval by the Public Works and Community Development Directors." Condition 3.8 could be added indicating that "As more streamlined technological improvements are developed, this RCS switch shall be upgraded as well as other infrastructure within SCE's service area." Thompson Asked if the aesthetic treatment on the air vents would also go into Condition 2.1. Director Answered in the affirmative. Thompson Suggested that another Finding be added that indicates there is compliance with the guidelines in terms of color and aesthetic treatment under the guise of screening to minimize the precedent setting aspect of this approval. Kozak Stated he was puzzled as to how this unit could have been installed on private property without the permission of the property owner or without proper permits from the City; he understands the purpose and the importance for the need of restoration of electrical service and the RCS in this area; he is Minutes -Planning Commission February 10, 2009 -Page 4 concerned regarding the precedential nature of this item, given the fact that the RCS exists where it does and the Planning Commission is cleaning up after the fact. Finding H.4 is a step in the right direction; Condition 3.1 is very similar to that Finding; perhaps further language could be inserted as follows: "All future controllers and associated systems and other aboveground accessory equipment shall be designed to comply with applicable City ordinances and guidelines." This would allow no lack of clarification that this refers to anything aboveground in the public right-of-way. The suggestions for Condition 2.1 are appropriate. Condition 3.4 regarding graffiti issues and requiring that materials be used to discourage and repel graffiti is very important. Condition 3.6 refers to the material being rust resistant; he would be inclined to suggest additional language in the second sentence to read as follows: "The utility provider shall maintain the equipment in good order, and be responsible for treating any rust or other repainting or any other method recommended by the manufacturer that will eliminate the rust, or replacement of the equipment as necessary pending review by the Community Development Director." If a precedent is to be set, the ongoing maintenance should be considered since the City has many aboveground facilities, many of which are in disrepair. He supports the other suggestions by the Director and Commissioner Thompson. While this should not be considered a condition of this approval, he would like to suggest that before the City receives any requests for new aboveground accessory equipment, each utility provider be asked to survey their utility boxes and aboveground accessory equipment and inform the City if any of those boxes have been installed without proper approval. It is important to know whether the utilities are in compliance with the City's ordinance for public health and welfare. Mr. Nelson Clarified that some of the photos were not of SCE controllers or switches. Kozak Stated he was not attributing the photos to SCE. Minutes -Planning Commission February 10, 2009 -Page 5 Director Indicated that staff was not attributing the photos to SCE either. Puckett Stated his agreement with all the issues raised and suggestions for modifying the conditions. Thompson Stated he would make a motion for approval subject to the following: • Adding Finding H regarding the color and aesthetic treatment leading to screening; • Modification of Condition 2.1 as recommended by the Director regarding color and aesthetic treatment or combining one of the vents with the cabinet, if possible, in further coordination with the applicant; and, • Modification of Condition 3.6 as recommended by Commissioner Kozak. Kozak Added that "all other aboveground accessory equipment" should be included in Finding H.4 and Condition 3.1. Director Questioned whether or not the Commission wanted SCE to replace the facility with streamlined technology (when such technology may be developed) as suggested in Condition 3.8. Commission Answered in the affirmative. Kozak seconded the motion. Motion carried 5-0. 7:39 p.m. The Public Hearing closed. Approved staff 3. AREA TOURS tour schedule The purpose of the tours is to provide the Planning Commission with an overview of various areas of the City from a community development perspective. The next tour could be scheduled for April 28, 2009, beginning at 5:00 p.m. Reekstin Presented a brief staff report. Thompson Suggested, since the first tour planned is the Legacy, perhaps staff could combine the tour with a discussion to help the Commission understand the economic conditions that are currently being evaluated or experienced by the development in general in order for the Commission to see the impacts and hardships that are being experienced; perhaps the City Council Minutes -Planning Commission February 10, 2009 -Page 6 would like to join the tour; perhaps staff could move the Red Hill Corridor up on the list and provide a perspective, particularly the Engineering Department, regarding how well the restriping is working and report whether the results have been adverse or beneficial regarding the removal of parking and the land use implications for things the Planning Commission evaluated and recommended for approval. Director Responded that staff can provide as much data as exists by then. Murray Suggested that he appreciated the plan for getting back on the tour circuit; regarding the Red Hill item, his experience with traffic measures suggests allowing enough time to compile good information which may not be manifested in such a short period of time. Director Asked if the suggested date, April 28, is acceptable. Commission Replied in the affirmative. STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 3, 2009, CITY COUNCIL MEETING. Directed reported The City Council held the first reading of the Shopping Cart Ordinance and will have the second reading at the February 17~' City Council meeting; staff plans to contact other cities regarding the plans that work best and provide suggestions to all the Tustin retailers that may be affected by this ordinance. The City Council held the first reading on the Prospect Village zone change. Planning Commission and Community Services Commission interviews will take place February 17 at 4:30 p.m. COMMISSION CONCERNS Thompson Offered congratulations to Mayor Doug Davert for enduring the Mayor's Inaugural Dinner. Reported that in his capacity as Chair of the OCTA Citizens Advisory Committee, due to the extreme economic conditions that have been arising over the last few months, he would like to offer suggestions to staff: Minutes -Planning Commission February 10, 2009 -Page 7 Thompson continued take a strong look at rail transit goals and policies particularly as related to station expansion; • look at modifying land use around the stations; if stations are to become more intensely used, incentives should be provided around the stations to add to the efficiency and the use; and, • get projects ready in order to take advantage of federal funds; there should be rewards to agencies that are complying with the Master Plan of arterial highways and bikeways; there should be incentives to cities who provide throughways in their cities, as the City of Tustin has done and plans to continue doing with the Legacy development. Indicated that the Infrastructure Committee meeting with the Orange County Business Council provided an update of the state's current condition of financing and the federal government's economic stimulus funding; the State of California's bonding status is now ranked 50~'; there is disagreement about the effectiveness of the federal stimulus package. Murray Stated that the Mayor's Inaugural Dinner was quite an event; and, offered Mayor Davert his congratulations. Kasalek Added her congratulations to Mayor Davert and to his children regarding their Astounding Inventions awards; this is a great program in which her children also participated. Noted that the food at the Mayor's Inaugural Dinner was excellent. Kozak Thanked staff for another excellent job on the agenda and Mr. Nelson for his comments. Indicated he enjoyed the Mayor's Inaugural Dinner and all the festivities. Thanked the Recording Secretary for the information regarding the San Clemente Historical Preservation Workshop; and, stated he attends to be there tomorrow evening. Remarked on the beautiful sight of the snow-covered mountains early this morning. Puckett Indicated that he and his wife attended the Mayor's Inaugural Dinner; it was a fine time; congratulations to Mayor Davert for Minutes -Planning Commission February 10, 2009 -Page 8 withstanding the roast and to his wife, Melanie, who was presented with a crown; the event was co-sponsored by the Tustin Community Foundation. z Stated that he attended the Metropolitan Water District tour of Diamond Valley Lake a week ago; the tour was very interesting; he had the opportunity to tour that area about 15 years ago during the early construction; with this last rain, there should be a lot more water behind the dam; the Diamond Valley Lake more than doubled the storage capacity for Orange County; he appreciated the opportunity to take that tour. Reminded everyone that Saturday is Valentine's Day. 7:54 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, February 24, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. j ~` Charles E. Puckett Chairperson _, Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission February 10, 2009 -Page 9