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HomeMy WebLinkAboutPC Minutes 08-13-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 13, 2001 7:00 p.m. Given All present Staff present Approved Adopted Resolution No. 3751, as amended CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attomey Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR APPROVAL OF MINUTES - JULY 23, 2001, REGULAR MEETING Recommendation: Approve the Planning Commission minutes of July 23, 2001. It was moved by Davert, seconded by Jennings, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS CONTINUED CONDITIONAL USE PERMIT 00-025 A REQUEST FOR AUTHORIZATION TO AMEND CONDITIONAL USE PERMIT 98-024 THAT ESTABLISHED A MASTER SIGN PROGRAM FOR ENDERLE CENTER. THIS PROJECT IS LOCATED AT 17260 EAST SEVENTEENTH STREET IN THE PLANNED COMMUNITY COMMERCIAL (PC-COMM) ZONING DISTRICT. 7:02 p.m. Ludi Al Endede, representing Enderle Center Gary Kramardian, co- owner, Zov's Restaurant Recommendation: That the Planning Commission adopt Resolution No. 3751 approving a modified Conditional Use Permit 00-025, as recommended by staff. The Public Hearing opened. Presented the staff report. Stated the proposed monument sign seems an appropriate compromise. Thanked the Planning Commission for allowing the Zov's sign on Endede Center Drive to remain. Minutes - Planning Commission August 13, 2001 - Page 1 Davert Jennings Hamilton Davert Kozak Jennings Commented that the proposed monument sign does not quite meet the intent of the original approval but is closer than the previous proposal; stated the dimensions seem too large; stated he has no objection to including the two additional tenants; and, suggested that the fac,,ade could be improved using channel letters with lighting similar to the other signs in Endede Center. Stated her agreement with Commissioner Davert's remarks; reiterated that the issue is not who owns the building or who the tenants are but that the agreement in 1998 was for a certain amount of signs; and, suggested that the applicant work with staff on the monument sign's design. Suggested the dissimilarities of the signs along 17th Street are the problem. Stated his understanding that there is no problem with the Zov's or El Torito signs and that Chin's has agreed to work with staff. Supported the addition of two tenants to the proposed monument sign; stated the outside proportions of the sign and material construction should be similar to the other monument signs; stated the sizing of the different tenant names is too large; suggested that Condition 2.1 should refer to Resolution No. 3620 adopted by the Planning Commission on November 23, 1998, to link the type of monument sign approved and installed; and, suggested Condition 2.3 be amended to refer to the permits issued on June 7, 2001, which similarly identified the size approved. Asked if the sentence referring to no more than three tenants should be amended. Kozak Davert Pontious Kozak Director Ron Allen, owner of the Cavalcade Building Responded that the condition should state a maximum of five tenants on the sign. Stated the size of the proposed monument sign is disproportionate to the other monument signs and should conform as closely as possible to the size of those signs. Stated the Commission should provide direction to staff regarding the dimensions of the sign; stated her agreement with comments by other Commissioners; noted that the tenants also have signage along the building itself; and, indicated agreeing upon the size would allow for approval. Asked staff for the dimensions of the larger monument signs in the Center. Answered the existing signs are 5' 7" x 12 feet; the proposed sign is wider and shorter but very close in area; and, noted the importance of the Planning Commission making a decision this evening regarding the applicant's proposal, or staff will forward a letter requiring the removal of the signs. Asked if anyone had specific questions for him; stated that he was never a part of the sign agreement; it would be a shame to remove the existing signs; he is being asked to make a substantial compromise but is not willing to deviate Minutes - Planning Commission August 13, 2001 - Page 2 Kozak Mr. Allen Hamilton Mr. Allen Jennings Mr. Allen Jennings Mr. Allen Davert Mr. Allen Pontious Mr. Allen Kozak Bob Chafin, Mr. Allen's sign expert from the request in his letter, especially regarding the lighting of the proposed monument sign; the existing signs are back-lit and visible from both sides; ground lighting would not be as visible. Asked if the proposed sign was developed by Mr. Allen and whether or not he is providing the sole funding. Responded that he and Mr. Endede are sharing the cost. Asked Mr. Allen if his unwillingness to conform with the other signs was a size or design problem. Answered that ground illumination does not provide the same effect as back-lighting; and, restated that he is offering a compromise he is not required to make. Stated that the Commission appreciates compromise; and, asked what his reaction might be if the Commission requires that the new monument conform with existing monument signs which are attractive and easy to read. Agreed that the present monument advertise Endede Center which he doing. signs predominantly is not interested in Asked if Mr. Allen could agree to the size, letters, and lighting similar to the existing signs. Responded negatively. Asked if Mr. Allen would agree to only three tenants on the sign. Answered that one of the reasons he is suggesting the current proposal is that two months ago he received notification from Panorama Travel that they are selling their business to a new tenant; he told the new tenant that the present sign is not allowed; otherwise, he would not have submitted this proposal because he had an agreement with the travel agency to keep the sign four more years; Shoshana and Cavalcade have agreed to the proposed monument sign but will be pleased to keep the existing signs if this proposal is not approved. Stated the Commission's appreciation for the work Mr. Allen has done; and, asked if the monument is going to be backlit, could the colors be toned down. Agreed to work with staff regarding the colors and making the top portion more compatible with the other signs, but not making the Enderle Center sign as large as his tenants. Stated that is reasonable and understood; the Commission is striving for consistency in appearance among the various signs; and, suggested there are other methods, such as panels with channel letters and internal lighting which would accomplish this goal; and, noted plexiglass does not hold up well. Indicated there are many options; cost is the issue; El Torito's sign is similar to what the Commission envisions--a Minutes - Planning Commission August 13, 2001 - Page 3 Pontious Mr. Chafin Pontious Director Mr. Allen Davert Director Mr. Allen Director 7:34 p.m. Adopted Resolution No. 3796, as amended routed panel with plexiglass and vinyl; the big difference is one tenant versus five. Asked if it would be a big cost difference. Replied that it would be. Suggested moving on the resolution; and, asked staff to work with Mr. Allen on the details. Responded affirmatively, adding that the resolution allows for flexibility in Condition 2.1; verified referencing Resolution No. 3630 within this resolution; Condition 1.5 identifies that all the conditions in Resolution No. 3630 apply; and, noted Condition 2.3 will be amended to reference the El Torito permit. Stated the proposed design was intended to create variation in the appearance of the tenant names; and, agreed to work with staff in developing this objective. Reiterated that this proposal is very close to achieving what the Commission approved in 1998; suggested the generic typestyles presented in the proposal could be more stylized for better effect; and, urged moving forward on the resolution with slight modifications. Indicated that Mr. Allen appeared willing to work with staff on those issues; and, provided the following language amending the last sentence of Condition 2.1 to read as follows: "The monument sign shall be similar to and compatible with the new center identification signs located at the southeast corner of Yorba and Seventeenth and the northwest corner of Enderle Center Drive and Vandenberg Lane subject to review and approval by the Community Development Director." Other amendments include: Revising the second sentence of Condition 2.1 to read:"... shall include no more than five tenants including those identified in existing signs 2, 3, and 4." Adding to the end of the first sentence of Condition 2.1: "approved by the adoption of Resolution 3620." Adding to Condition 2.3 after (32) square feet "pursuant to the permit issued on June 30, 2001 ." Asked if the Commission understood the proposed sign is double-sided. Indicated there is no limitation in that regard. The Public Hearing closed. It was moved by Jennings, seconded by Davert, to adopt Resolution No. 3751, as amended. Motion carried 5-0. AMENDMENT TO CONDITIONAL USE PERMIT 99-035 AND DESIGN REVIEW 99-043 TO ACCOMMODATE A Minutes - Planning Commission August 13, 2001 - Page 4 7:35 p.m. Minoo Asabi Davert Ashabi Davert Mr. Karamardian Kozak Mr. Stanley Kozak 7:45 p.m. TOTAL OF 192 SEATS FOR INTERIOR AND OUTDOOR DINING AND MODIFY THE APPROVED EXTERIOR PATIO COVER. THE SITE IS LOCATED AT 17440 EAST SEVENTEENTH STREET IN THE PLANNED COMMUNITY COMMERCIAL (PC-COMM) ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3796 approving an amendment to Conditional Use Permit 99-035 and Design Review 99- 043. The Public Hearing opened. Presented the staff report. Asked if there will be outdoor heaters; if so, have the heaters been approved by the Orange County Fire Authority. Responded affirmatively. Asked that the hours of operation be eliminated from Condition 2.4. Stated that the architects are working toward a feasible design and introduced Dan Stanley from Nardini & Stanley Architects. Asked the architect what the expected useful life of the proposed canvas would be. Responded approximately 3-5 years. Regarding the proposed fabric cover, asked that Condition 2.8 add language requiring repair as needed or within a 30-day time frame if notified by the Community Development Department; suggested that Condition 2.9 add language to require all landscaping be kept in a healthy condition at all times; added that Finding 7 in Resolution No. 3796 should include "fabric" before patio cover and "when necessary" before "or upon notification" and the language suggested for Condition 2.9; and, noted that he noticed on his site visit the horizontal wood beams on the mansard roof need paint. The Public Hearing closed. It was moved by Davert, seconded by Kozak, to adopt Resolution No. 3796, with the following modifications: Amend Finding 7 of the Resolution to read: "As conditioned, the patio furniture, umbrellas, and the fabric patio cover would be maintained and replaced, when necessary, or upon notification by the City." Amend Condition 2.4, first sentence, to read: "Hours of outdoor seating shall be limited to the hours of operation for the restaurant." Amend Condition 2.8, second sentence, to read: "The restaurant owner shall replace the umbrellas or canvas structure as needed or... ". Minutes - Planning Commission August 13, 2001 - Page 5 Adopted Resolution No. 3795, as amended; and, directed staff to mail notices to property owners and tenants within a 1000 foot radius of the site informing them that the project was approved and providing information about how to contact the Federal Communications Commission for complaints regarding radio frequency interference 7:46 p.m. Lori Ludi Director Davert Hamilton Director Davert Kozak Davert Kozak Amend Condition 2.9 to read: "All landscaping at the perimeter of the outdoor dining area including the topiary columns shall be trimmed and maintained in a healthy condition at all times." Motion carried 5-0. CONDITIONAL USE PERMIT 01-015 AND DESIGN REVIEW 01-021 FOR AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-THREE (53) FOOT SlX (6) INCH TALL MONOPALM. THE SITE IS LOCATED IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) COMPLEX SOUTH OF INTERSTATE 5 KNOWN AS THE IRVINE INDUSTRIAL COMPLEX PLANNED COMMUNITY ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3795 approving Conditional Use Permit 01-015 and Design Review 01-021 The Public Hearing opened. Presented the staff report. Added that, even though it is not within the Planning Commission's purview, Sprint PCS is not on the same band as the County's system; therefore, the notification process was different; to date, Nextel and AT&T are the only providers involved in the 800 Mhz interference. Stated he understands this is a second-choice site for this applicant; noted it seems to be very close to the pending Nextel site; and, asked if these two carriers might co- locate. Asked staff if one provider buys out another and change the 800 Mhz frequency, would a new conditional use permit be required. Answered this would be a business issue; the application before the Commission is a land use and aesthetics issue. Asked if the Commission can condition that this tower operate on a specific band width. Stated that is an FCC ("Federal Communications Commission") issue; agreed with Commissioner Hamilton that there is a possibility of one server buying out another and changing the operation of one or more antenna sites in our community; referring to the City Attorney's July 30th memorandum requiring the mailing of notices to tenants, stated that noticing should be done for this item; and, stated the cellular provider should also provide information to the City on a regular basis. Asked if Commissioner Kozak was suggesting that as a condition of approval. Responded affirmatively; and, suggested an additional condition regarding compliance as stated in the City Attorney's memorandum. Minutes - Planning Commission August 13, 2001 - Page 6 Holland Hamilton Holland Hamilton Holland Davert Holland Wendy Novak, Sprint PCS representative Pontious Director Kozak Director Kozak Director Holland Stated that Condition 3.6 covers that last item. Asked if language could be added addressing the sale and/or change in ownership. Answered that conditional use permit runs with the land and application, not with ownership; these are burdens and obligations attached to the land--whoever owns and operates the property would be burdened by these obligations; ownership changes are among the property owner, the operator, and the FCC. Asked how to assure operators are in compliance with the FCC. Replied that FCC regulations require annual certification. Stated his understanding that nothing more can be required of the applicant than annual certification. Stated the annual certification addresses the concerns addressed by Commissioner Kozak. Stated this is an alternative site; applicant has worked hard to find something that satisfies four parties: FCC, RF engineers, property owners, and the Planning Commission; stated this industrial area provides the best location for a stealth facility; and, asked for clarification regarding noticing. Suggested the notice would indicate approval of the project. Stated her understanding that the Commission's direction involved a change of ownership. Indicated his intention was simply to provide the notification. Asked if the Commission intended that this notification be attached to this approval and be necessary in the event of change of ownership. Answered affirmatively. Suggested adding Condition 3.7 as follows: "If deemed necessary upon change of ownership, mailed notices to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference shall be done. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a change of ownership. The cost of said notification shall be borne by the applicant and/or owner." Suggested it would be appropriate to ask the applicant whether or not the facility is sufficient to accommodate additional facilities. Minutes - Planning Commission August 13, 2001 - Page 7 Ms. Novak 8:03 p.m. Hamilton Adopted Resolution No. 3797, as amended Ashabi Davert Ashabi Kozak Ashabi Leslie Daigle, representing AT&T Wireless Kozak Peterson Responded that monopalm is that desired. the difficulty in co-locating on a it then becomes less stealth than The Public Hearing closed. Stated that he works for a telecommunications company; discussed the matter with the Deputy City Attorney; and, believes he does not have a conflict of interest. It was moved by Kozak, seconded by Jennings, to adopt Resolution No. 3795, amended as stated above. Motion carried 5-0. REGULAR BUSINESS DESIGN REVIEW 00-033 FOR AUTHORIZATION TO ESTABLISH A MINOR WIRELESS FACILITY DESIGNED AS A STEALTH TOWER CONNECTING TWO EXISTING OFFICE/WAREHOUSE BUILDINGS. THE SITE IS LOCATED AT 1421 AND 1451 EDINGER AVENUE IN THE PLANNED COMMUNITY (PC) PACIFIC CENTER EAST SPECIFIC PLAN ZONING DISTRICT. Recommendation: 1. That the Planning Commission adopt Resolution No. 3797 approving Design Review 00-033. That the Planning Commission direct staff to mail notices to property owners and tenants within a 1000 foot radius of the site informing them that the project was approved and providing information about how to contact the Federal Communications Commission for complaints regarding radio frequency interference (RFI). Presented the staff report. Stated his enthusiasm for this project; asked, since the site abuts the property, whether or not the Tustin Unified School District was contacted regarding this project. Answered affirmatively. Asked if the equipment structure will be screened. Answered that the structure will be screened similarly to the trash enclosure. Stated appreciation for the Commissioners' comments regarding the design of the project; and, addressed the issue of interference questions by stating that AT&T plans to hold an educational forum countywide. Asked if the type of materials to be used on the fa(;ade will match the pebble-like material on the wall. Indicated that the proposed paneling will match the color and texture of the building. Minutes - Planning Commission August 13, 2001 - Page 8 Director Jennings Ms. Daigle Hamilton Kozak Hamilton Davert Pontious Kozak Hamilton Holland Added that the Pacbell site on Edinger is an example of matching materials; staff will assure a similar seamless look on this project. Stated this is a very attractive stealth facility; and, asked about Mr. Marwitz's concern about interference with his television reception. Stated the staff responses were appropriate to the issues raised in the letters; applicant must comply with Federal regulations, demonstrate compliance, and provide staff with accessibility to that process; there are advocacy channels available for the expression of residents' concerns--the FCC, Congress, League of California Cities, etc.; the Planning Commission is not the proper forum for such complaints. Expressed his enthusiasm for the public forum idea. Stated for clarification regarding Action No. 2 dealing with notification regarding Agenda Item No. 4; recommended that Item No. 2 of this item be modified to model that one. Stated that although he works for a telecommunications company, he has no conflict of interest. Stated this design should be the model for future stealth installations; and, encouraged concerned citizens to contact the FCC directly since the Planning Commission and City Council have no authority to deny, modify, or regulate wireless carriers. Noted that the City is providing more notification so that comments will reach the appropriate entities. Echoed the above comments; and, stated that is why the Planning Commission asked staff for information regarding the boundaries and authority of the Commission which was provided in the City Attorney's July 30 memorandum. Asked what would happen if there was no change in ownership but a change in the frequency of the tower. Answered that notification would be required. It was moved by Davert, seconded by Kozak, to adopt Resolution No. 3797, amended as follows: Add Condition 3.10 as follows: "If deemed necessary upon change of ownership, mailed notices to property owners and/or tenants within a 1,000 foot radius of the site informing them that the project was approved and providing information as to how to contact the Federal Communications Commission for complaints regarding radio frequency interference shall be done. The applicant and/or property owner shall provide written notification to the City sixty (60) days in advance of a change of ownership. The cost of said notification shall be borne by the applicant and/or owner." Minutes - Planning Commission August 13, 2001 - Page 9 Adopted Resolution No. 3794, recommending that the City Council adopt the 2001 Annual Report Jennings Peterson Hamilton Holland Kozak Director reported GENERAL PLAN AMENDMENT ANNUAL REPORT AND HOUSING ELEMENT PROGRESS REPORT: GOVERNMENT CODE SECTION 65400 (B) REQUIRES THAT THE CITY'S PLANNING AGENCY (THE PLANNING COMMISSION): 1) PROVIDE AN ANNUAL REPORT TO THE CITY COUNCIL ON THE STATUS OF THE GENERAL PLAN AND PROGRESS IN ITS IMPLEMENTATION; 2) PROGRESS IN MEETING ITS SHARE OF REGIONAL HOUSING NEEDS, AND 3) PROGRESS IN ITS EFFORTS TO REMOVE GOVERNMENTAL CONSTRAINTS TO THE MAINTENANCE, IMPROVEMENT, AND DEVELOPMENT OF HOUSING. Recommendation: That the Planning Commission adopt Resolution No. 3794 recommending that the City Council adopt the 2001 Annual Report on the status of the Tustin General Plan. Referring to Goal 13, asked if there archeological/paleontologic resources in Tustin. are Answered affirmatively. Asked staff if information should be put into the record that the General Plan is not being implemented because of the litigation holding up the development of the Base. Stated there is more to Tustin than the Base; there are a number of areas within the community requiring staff involvement; the City remains optimistic that the litigation will be resolved favorably for development of the Base; the progress report as it is currently drafted identifies where the City is at this time. Thanked staff for the thorough report; and, stated it is a good record of the hard work being done for the betterment of the community. It was moved by Kozak to adopt the staff-recommended action, seconded by Hamilton. Motion carried 5-0. STAFF CONCERNS Report on Actions taken at the August 6 and August 13, 2001, City Council meetings. The City Council held a special meeting today to consider the extension of Interim Urgency Ordinance No. 1241 relating to office use criteria; the City Council unanimously approved the extension; staff will be preparing a permanent ordinance which will be brought before the Planning Commission. Ordinance No. 1240, regarding the driveway width in front yard setbacks, was adopted; notification will be sent to the problem properties informing the homeowners they have 36 months to comply with the ordinance. The City Council modified the City's recommendation regarding Orange County redistricting; copies of the map will be provided to the Planning Commission; the Director Minutes - Planning Commission August 13, 2001 - Page 10 Hamilton Director Hamilton Kozak Director Kozak Director Hamilton Director Kozak Director Jennings Director Jennings Director will e-mail the Commissioners regarding the action taken at today's City Council meeting. Asked, regarding Item No. 5 on the City Council Agenda, why the carwash appeal was not mentioned. Responded that the appeal was submitted by a member of the public; the City Council noted at the meeting that the carwash project had been appealed. COMMISSION CONCERNS None Thanked the Deputy City Attorney for his memorandum regarding the wireless communications issues. Asked, since the site preparation on Newport is underway, what will be happening at Tustin Transmission's old site. Responded that, if the use is discontinued or modified, Tustin Transmission would have to come back to the Planning Commission for approval of a conditional use permit; if the business operates pursuant to the 1969 conditional use permit, the use can continue. Asked if the Redevelopment Agency owns the parcel south of the Ultramar Gas Station. Responded there have been discussions with Caltrans regarding the City purchasing that property. Asked if the old Tustin Transmission building is vacant for six months or more, will the conditional use permit expire. Answered if the building were unoccupied by the same use for one year, it would be considered a discontinued use. Stated that on Newport Avenue south of McFadden there were two big rigs parked on either side; this is not only unsightly but is also a line-of-sight problem; and, asked if there is any restriction for that size vehicle being parked on the street. Responded that the Police Department will be contacted; 72 hours may be the allowable time frame; there may be other applicable restrictions. Stated there were human arrow signs today near Sinclair and one at Nest Furniture over the weekend. Asked who owns the property on Pasadena Avenue where Second Street deadends. Stated that strip is owned by the City and will be a well site. Asked if the City could incorporate a pocket park. Answered that some landscaping was planned for the site, but the public outreach indicated residents do not want a park; intent is to meld the site into the neighborhood; the wall of the structure will have a residential character. Minutes - Planning Commission August 13, 2001 - Page 11 Jennings Davert Director Kozak Jennings 8:47 p.m. Thanked staff for their prompt response in having the giant tomato removed from the roof of Whole Foods. Referred to the cell site article from the Los Angeles Times, which was provided at the dais. Stated the Art Walk in Old Town was a well-attended event, probably enhanced by the Saturday Farmers' Market. Stated that realtor signs have become semi-permanent fixtures in his neighborhood and asked if there are restrictions limiting such signs. Answered that there are some limitations; the City's sign ordinance is liberal in terms of commercial signs in the right- of-way; staff will follow up on the problem. Stated the Concerts in the Park at Peppertree were also well-attended functions; and, thanked Parks and Recreation for making those events possible. Reminded everyone that August 22-25 performances of Joseph and the Amazing Technicolor Dreamcoat will be presented at Peppertree Park; and, thanked the City for the assistance provided to the Fine Arts Council on this project. ADJOURNMENT: It was moved by Davert, seconded by Kozak, to adjourn. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, August 27, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary Chairperson Minutes - Planning Commission August 13, 2001 - Page 12