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HomeMy WebLinkAboutPC Minutes 09-10-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 10, 2001 7:00 p.m. Given All present Staff present Approved Adopted Resolution No. 3801, as amended 7:02 p.m. Ludi Davert Director CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Lori Ludi, Associate Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR Minutes of August 27, 2001, Planning Commission meeting. It was moved by Davert, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS CONDITIONAL USE PERMIT 01-022 A REQUEST FOR AUTHORIZATION TO ESTABLISH TEMPORARY AGRICULTURAL USES WITHIN THE REGIONAL CENTER AND THE OFFICE CENTER LAND USE DESIGNATIONS OF THE PACIFIC CENTER EAST SPECIFIC PLAN (PCESP). THIS PROJECT IS LOCATED AT THE NORTHWEST CORNER OF VALENCIA AND DEL AMO AVENUES (ASSESSOR'S PARCEL NOS. 430-251- 01/02/03/06/07/08/09/10). Recommendation: That the Planning Commission adopt Resolution No. 3801 approving Conditional Use Permit 01- 022. The Public Hearing opened. Presented the staff report. Asked if this is a request to overturn an earlier decision relating to this applicant and property. Answered that this application is different from the prior request; this use will not be occurring in any of the City's future rights-of-way or construction areas; one of the concerns with the prior application was that it was intended to become a perpetual temporary use, thereby becoming a permanent use; adding a condition of Minutes - Planning Commission September 10, 2001 - Page 1 Jennings Peterson Jennings Director Hamilton Director Hamilton Director Hamilton Kozak Director A.G. Kawamura, applicant Pontious Mr. Kawamura approval for annual review (or more often) will prevent that from happening. Asked for the schedule of the alignment of Del Amo and the Newport extension. Stated the first phase of the right-of-way improvements in that area are scheduled to begin next summer. Asked, regarding Condition 3.5, what standards regarding herbicides will be incorporated. Responded that the applicant would be required to show staff how this condition is being met. Asked whether the CEQA exemption in Item G of Resolution No. 3801 applies to a farming use. Replied that this exemption is not only a farming use, but also a temporary use which allows the CEQA exemption. Asked for staff assurance that all proposed land for agricultural use will remain the property of the present owner, i.e. no land will revert to the right-of-way. Stated the improvement area and construction easement have been staked, guaranteeing the agricultural use will be outside those areas. Asked if the boundary stakes can be supported to assure that winds or other weather will not knock the stakes down, thereby creating indistinct boundary lines; and, asked, in order to avoid confusion in the future, if Condition 2.1 could be modified to read: "The Community Development and Public Works Departments shall review and approve the plans and any substantial modifications prior to commencement of or during agricultural operations." Referring to Condition 3.1, asked how the hours of operation will relate to the City's Noise Ordinance. Answered that the City's Noise Ordinance pertains to the operation of any heavy equipment within the City; if there are special circumstances, this condition allows some latitude; a waiver could be requested and would probably be granted for this site. Thanked staff for their recommendation of approval of this operation; stated the 60-day cancellation requirement in Condition 1.6 could be difficult to meet depending upon the crop; and, stated fencing is also a concern. Asked if the applicant understood and agreed to the hours of operation constraints. Answered that agriculture does not operate on a time clock, making this a difficult condition; and, stated his understanding there would be some latitude allowed at harvest time. Minutes - Planning Commission September 10, 2001 - Page 2 Pontious Director Hamilton Mr. Kawamura Director Mr. Kawamura Pontious Kozak Director Mr. Kawamura Director Hamilton Davert Mr. Kawamura Pontious Houston Watson, attomey representing the Orange County Teachers Federal Credit Union Asked staff if language could be added to allow for the issuance of a waiver. Suggested adding at the end of the last sentence of Condition 3.1: "unless a special exception is granted by the Community Development Director." Also, Condition 2.2 regarding fencing the site can be removed; that condition is designed for construction sites. Asked the applicant if a 90-day requirement would be more feasible. Responded that such a 90-day requirement presents a more realistic time frame in terms of food crops. Indicated the condition can be amended to read 120 days. Noted this would also set a good precedent for any farming planned in the development of the Base; and, stated that Condition 1.7 for a $7,000 cash bond has never been required on any of his leases. Stated her understanding that the intent of this condition is avoidance of litigation. Offered the suggestion that this condition could be achieved with other financial instruments, such as a letter of credit. Stated "or equivalent surety" could be added after cash bond. Indicated the $7,000 figure seems high. Replied that this figure was provided by the City's landscape supervisor. Suggested half that amount might be more realistic. Stated that arbitrarily choosing numbers is not a good idea; and, added the alternative suggested by Commissioner Kozak would reduce the applicant's burden to almost nothing. Restated his appreciation for the staff's hard work and the Commission's approval of the project. Invited other speakers to come forward. Stated the Teachers Federal Credit Union is housed in one of the buildings in close proximity to this project; the Union wants its objection to this permit on record; commended City staff for the job done in negotiating the terms and conditions set forth in the report; the Union's major concern is the 375 employees who work in its building near the site; the distance from the boundary to the Union's front door is approximately 150 feet; 250 ATM transactions occur at this facility each day; another 200 or more transactions take place within the building; outside people attend meetings there; the environmental impact of pesticides, noise, dust, etc., associated with agricultural activity on these individuals is the Union's major concern; Minutes- Planning Commission September 10, 2001 -Page 3 7:30 p.m. Davert Kozak Davert Director Mr. Watson Holland Davert Hamilton Director Mr. Kawamura Adopted Resolution No. 3802, as amended use of Federal- and State-approved pesticides is no guarantee that such use is harmless (DDT and asbestos were once considered safe); an article in Saturday's Los Angeles Times reported a suit stemming from pesticide drips onto a school from an agricultural site at its boundaries; an injunction was granted by the Ventura Superior Court. The Public Hearing closed. Stated his satisfaction that staff and the applicant have ironed out any differences on this project; stated his understanding of the Credit Union's concerns; noted the conditions sufficiently mitigate those potential impacts; and, stated he supports the project with the modifications suggested. Echoed Commissioner Davert's comments; and, added he supports approval of the application as modified. Asked if staff has any concerns regarding the comments by Mr. Watson. Answered that staff believes the conditions attached to the approval address the Union's concerns; to alleviate some concern, there are similar operations in Old Town Tustin which have never created a problem; there may be similar or more intensive chemicals and planting materials used by landscapers and gardeners. Returned to the lectern to ask that applicant be required to have a licensed pest control adviser--similar to the one ordered in the Ventura case--on site during pesticide applications. Stated that insecticide applications are controlled by inspectors from the Agricultural Commissioner; adequate rules and laws provide for the protection of citizens. Suggested that Mr. Kawamura probably knows more about pesticides that most licensed pest control consultants. Asked staff if a reporting requirement should be included in Condition 3.5. Answered that showing compliance would be a reporting requirement. Stated that any pesticide application in California is governed by the strictest rules in the nation; landscapers and gardeners often use products that are disallowed on food crops. It was moved by Davert, seconded by Jennings, to adopt Resolution No. 3801, as amended. Motion carried 5-0. DESIGN REVIEW 01-026 AND AMENDMENT TO TENTATIVE TRACT MAP NO. 15568 A REQUEST FOR AUTHORIZATION TO CONSTRUCT VEHICULAR AND PEDESTRIAN GATES AND ASSOCIATED WALLS, PILASTERS, AND FENCES AT THE ENTRANCE TO Minutes - Planning Commission September 10, 2001 - Page 4 7:39 p.m. Lori Ludi Jennings Davert Anderson Davert Hamilton Director Jennings Hamilton Kozak Hamilton TRACT 15568 (SEDONA HOMEOWNERS ASSOCIATION). THIS PROJECT IS LOCATED AT PIONEER ROAD AND SCHWENDEMAN AVENUE IN THE EAST TUSTIN SPECIFIC PLAN, MEDIUM-LOW SINGLE FAMILY RESIDENTIAL ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3802 approving Design Review No. 01-026 and recommending that the City Council approve an amendment to Tentative Tract Map 15568. The Public Hearing opened. Presented the staff report. Asked if staff believes the park has sufficient parking spaces available; and, asked if there is a way to mitigate the parking problem at the park. Asked if the plan to expand the parking lot has been postponed. Stated that the City Council has eliminated that parking lot plan from the budget. Noted that Sedona definitely needs a gate due to the overflow traffic into the neighborhood; stated he visited the site and tried to envision the stacking and overflow onto Pioneer while watching cars moving rapidly down Pioneer with little regard for cars turning into or out of the development; the proposed requirement that the gate be kept open defeats the purpose of gating the community-- especially in the afternoon hours when the park is quite active; the restriction on the hours is a problem. Suggested the possibility of someone parking inside while the gates are open and being unable to leave after the gates are locked. Noted that anyone unable to leave would probably only do it once and would probably wait for another car to exit in order to get out; the homeowners association could put up signs prohibiting parking on the interior of the tract; staff envisioned this happening and asked for additional staging or stacking when the homeowners association chose to put in the fence but were told the market did not call for gated communities; if the Traffic Engineer feels it is important to leave the gate open during those hours, that would be staffs recommendation. Asked if it would be possible to have signs posted that indicate hours the gates are locked. Stated there might be security issues involved in posting open hours. Asked if Commissioner Hamilton was concerned about the homeowners association's or the City's liability. Answered that criminals could read the sign and know when to enter and leave. Minutes - Planning Commission September 10, 2001 - Page 5 Pontious Hamilton Ludi Kozak Anderson Kozak Anderson Pontious Davert Hamilton Ludi Jennings Anderson Jennings Noted that is the least likely time for any criminal activity. Asked if the gates are pockets or swinging. Responded the gates are sliding. Asked for follow-up discussion on the issue of through traffic and ingress and egress into Sedona. Replied that the stacking distance provided is presently 69 feet; the County's and City's standards for stacking distance are one foot per vehicle per household in the peak hours; in this case, there are 130 households needing 130 feet of stacking distance to accommodate ingress and egress during the peak hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on weekdays; as mitigation for the difference in stacking distance from what would be required of 130 feet versus 69 feet available, leaving the gates open during peak hours would facilitate traffic without stacking into the public right-of-way; there are other locations in East Tustin where gates are left open due to insufficient stacking distance; regarding the through traffic, everyone has to stop on Schwendeman before leaving the property; the curve of the roadway allows a clear view for the people leaving Schwendeman on both sides up and down Pioneer; the limiting view is for vehicles traveling on Pioneer. Suggested relocating the median strip as it exists today to gain additional stacking space. Stated various alternatives were considered; the majority involved impacting adjacent properties; additional right-of- way from those lots would have been required to provide additional stacking distance; another obstacle was the inadequate turn-around area for fire vehicles. Asked if language could be added allowing the homeowners association to come back to the Commission in the event keeping the gates open presents a problem. Suggested that Sedona's considerable investment should not be conditioned to the point where effectiveness will be limited. Asked if moving the gates back toward the development would add 30 feet. Stated that one of the problems was working with the Orange County Fire Authority to make a right-hand tum onto Goetting from Schwendeman; moving the gates back would make it impossible for a fire engine to make a right- hand turn. Asked if each resident entering when the gate is closed must use the keypad. Answered there is also a call box. Suggested that an electronic device for the residents might alleviate the stacking problem. Minutes - Planning Commission September 10, 2001 - Page 6 Director Pontious Hamilton Pontious Davert Director Anderson Ramon Calles, representative for Rick Hamm Construction, Inc. Kozak Anderson Kozak 8:07 p.m. Davert Pontious Director Peterson Suggested modifying Condition 3.1 to read "The City's Traffic Engineer may modify the required open hours or require the gates be open during extended hours .... "; the most important concern seems that stacking might impede the through traffic on Pioneer Road. Stated that would also allow the homeowners association to come to the Traffic Engineer and request modification of the hours. Noted his agreement with the remote control device suggestion. Agreed with Commissioner Hamilton, stating such a device would allow for a more continuous flow of traffic through the gates. Asked if eliminating or narrowing the center median would allow for two lanes in and one out. Suggested that modification would require striping to clearly indicate two lanes into the tract. Added the gates would then have to swing open rather than slide, because two cannot slide into one. Stated his understanding of the stacking concern; 24 feet 6 inches would allow for two cars without modifying the plan. Asked if additional footage could be gained by reducing the median. Stated the problem is at the opening where two lanes funnel into one lane. Suggested natural material could be used to demarcate a line rather than just painting a stripe; since there are already two lanes, marking seems advisable. The Public Hearing closed. Stated this is the most deserving development in the City for locked gates; and, reiterated his hope that flexibility can be allowed for some type of monitoring or study if the homeowners association makes such a request. Asked for staff's modification covering this. Stated the second sentence of Condition 3.1 will be modified to read: "The City's Traffic Engineer may modify the required open hours or require the gates to be open during extended hours if traffic impcts are identified in accordance with Condition 3.2 of this Exhibit." Provided a new Condition 3.4 as follows: "The Sedona Homeowners Association shall install and maintain a remote access system and shall provide remote devices to each resident to facilitate quick access into the tract." It was moved by Kozak, seconded by Hamilton, to adopt Resolution No. 3802, as amended. Motion carried 5-0. Minutes - Planning Commission September 10, 2001 - Page 7 Adopted Resolution Nos. 3774 and 3775, as amended 8:10 p.m. Willkom Holland Director Pontious Jennings Willkom Leslie Daigle, a representative for AT&T and Verizon Wireless CONTINUED HEARING REGARDING ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY. Recommendation: That the Planning Commission: Adopt Resolution No. 3774 recommending that the City Council adopt the Negative Declaration for the approval of Ordinance No. 1232 and Resolution No. 00-44 for the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way. Adopt Resolution No. 3775 recommending that the City Council adopt: 1) Ordinance No. 1232, repealing Part 6 of Chapter 2 of Article 7 (Design Review of Aboveground Cabinets) in its entirety and replacing with new requirements for aboveground utility facilities on public properties and in the public right-of-way, and 2) Resolution No. 00-44 repealing Resolution No. 99- 84 related to Design Guidelines for Aboveground Cabinets and replacing with Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way. The Public Hearing opened. Presented the staff report. Added that the Ordinance should not say "repealing" Part 6 of Chapter 2 of Article 7 but "amending." Noted the commentors' concern regarding too much discretion being left at the Director level; stated the only alternatives were going before the Zoning Administrator or the Planning Commission; and, stated this was the best administrative process to go through as long as the Planning Commission approved the Design Guidelines. Stated her understanding that this format provides more flexibility for the City to work with applicants and incorporate new technologies as they are developed. Asked about the condition that landscaping be replaced and maintained and PacBell's indication that they never maintain landscaping. Answered there are two requirements regarding landscaping: 1) the providers must replace any landscaping that is damaged during construction; maintenance would be performed as prior to the construction, i.e. if the City maintained the landscaping, the City would continue to do so; and 2) when landscaping is added as screening material, the providers are required to maintain the landscaping. Stated there are more than 120 million wireless subscribers in the United States today; the goal is to provide every community with a wireless world; the hope is that cities will establish reasonable standards and allow Minutes - Planning Commission September 10, 2001 - Page 8 Pontious Director 8:24 p.m. Director reported Hamilton Kozak Jennings applications to be processed administratively; the major concern is that the Design Review committee might improperly introduce discretion in the right-of-way; the option to submit a manual in lieu of Design Review seems vague in the Ordinance; since technology is deliberately designed for residential areas, the prohibition from front yards is a concern. Asked for staff responses. Indicated staff worked to create a contemporary Ordinance providing as much flexibility as possible; everything included in this Ordinance is already allowable under the encroachment permit process; the difficulty stems from the numerous requests to locate on various public properties, i.e. the SportsPark, commuter rail station, etc.; this typically requires a competitive bid process which does not work with these types of facilities; it was therefore necessary to establish guidelines that could be handed to applicants stating the process; if the guidelines are too definitive, there is no room for flexibility; technology exists to locate the facilities in side yards; the comprehensive manual was included in the prior Ordinance at the request of the Edison Company and is designed to speed up the processing time. The Public Hearing closed. It was moved by Jennings, seconded by Davert, to adopt Resolution Nos. 3774 and 3775, as amended. Motion carried 5-0. REGULAR BUSINESS - None STAFF CONCERNS Report on Actions taken at the September 4, 2001, City Council meeting. Nothing from the City Council meeting. The Planning Officials Forum is scheduled for the second Thursday in October. Please inform the Director or Recording Secretary if you wish to attend. COMMISSION CONCERNS Thanked Home Depot, Orange County Animal Control, and the Orange County Fire Authority personnel for saving the cat recently rescued through their efforts. Complimented staff's work on the aboveground facility Ordinance and the outreach which was provided to explain the City's process. Referred to a recent newspaper article concerning traffic- calming efforts by the City of Oceanside; and, suggested a workshop by the Engineering and Planning Departments on this subject would be useful. Asked what is happening on the double lot on Newport Avenue. Minutes - Planning Commission September 10, 2001 - Page 9 Ludi Jennings Holland Davert Pontious Ludi Pontious Director 8:35 p.m. Responded that the previous owner has gone into foreclosure; the company involved in financing that applicant is putting the property up for sale; Dr. Shepherd is therefore unable to begin due to the conditions of approval requiring the entire site be developed. Asked if there is any way to assist Dr. Shepherd. Responded that the situation is awkward because this is a matter that could be coming before the Planning Commission soon; staff is looking at different alternatives to see what can be done; all the entitlements were approved as a total project; when one bows out, much depends upon whether the current or future owner will cooperate. Stated his enthusiasm for the traffic-calming workshop suggested by Commissioner Kozak. Thanked staff for the ISO/Building Code memorandum. Asked staff why the tent sale has been going on for two- three weeks at Oak Tree Plaza. Answered that a Temporary Use Permit was issued for that sale. Asked about the construction at the abandoned gas station at Nisson and Newport. Stated that is Tustin Transmission. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Monday, September 24, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. '~iizabeth-,~,. Bin~ack - - - Planning Commission Secretary Leslie A. Pontious Chairperson Minutes - Planning Commission September 10, 2001 - Page 10