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HomeMy WebLinkAboutPC Minutes 07-23-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 23, 2001 A PLANNING COMMISSION WORKSHOP WAS HELD AT 6:00 P.M. IN THE CONFERENCE ROOM BEHIND THE COUNCIL CHAMBERS FOR AN OVERVIEW OF THE CULTURAL RESOURCES OVERLAY DISTRICT AND CULTURAL RESOURCES IN TUSTIN. 7:04 p.m. Given All present Staff present Approved CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Minoo Ashabi, Associate Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR APPROVAL OF MINUTES - JULY 9, 2001, REGULAR MEETING Recommendation: Approve the Planning Commission minutes of July 9, 2001. Adopted Resolution No. 3792 Adopted Resolution No. 3791 7:06 p.m. Ludi RESOLUTION NO. 3792 ADOPTING REGULATIONS FOR PUBLIC INPUT AND DECORUM AT PLANNING COMMISSION MEETINGS. Recommendation: Adopt Resolution No. 3792. It was moved by Davert, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS CONTINUED CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN-OPERATED CARWASH. THE PROJECT IS LOCATED AT 101 TUSTIN AVENUE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. Recommendation: The Planning Commission directed staff to prepare Resolution No. 3791 approving Conditional Use Permit 01-010 and Design Review 01-007. The Public Hearing reopened. Presented the staff report. Minutes - Planning Commission July 23, 2001 - Page 1 Director Hamiton Kozak Jennings Ludi Jennings Ludi Nathan Menard, 345 West Sixth Street, representing the residents of Old Town Kent Robertson, applicant's representative 7:15 p.m. Kozak Ludi Jennings Hamilton Referred to staff's memorandum and map indicating auto- related services within a one-mile radius of the proposed site which was provided for the Commissioners in response to Commissioner Hamilton's inquiry at the last meeting. Thanked staff for the information. Commented that the minutes clearly reflected the presentation and Commissioners' responses; and, stated that Resolution No. 3791 correctly reflects the changes requested by the Planning Commission. Asked how tall the proposed trees would be. Replied that a 48-inch box would be between 12 and 15 feet tall when planted; a 60-inch box would be between 15 to 18 feet tall. Asked what type of vacuum equipment screening is being proposed. Responded that staff plans to work with the applicant to decide what screening will be implemented. Stated he had read the original staff report and suggested that staff's Alternative No. 1, a recommendation for denial, should have been adopted, stressing the following: 1) West Tustin is saturated with auto-related services; 2) This project is not in compliance with the specific order of preference; 3) There is already a gang problem in Old Town; 4) Carwashes are magnets for loitering and increased gang activity; 5) This site is a gateway to our City and to Old Town and borders the historic overlay district; 6) The revitalization process in the historic district will be adversely affected by this project; emphatically requested that the Planning Commission deny this project; and, apologized in advance for future resistance from Old Town residents if this project is approved. Thanked staff and the Planning Commission for their consideration of this application; stated that 48" and 60" boxes will be a heavy burden for the developer of this project; and, stated the applicant would like to request that Condition 4.3 be modified to require 36" box trees; and, stated the applicant wants to do what is necessary to make this site attractive. The Public Hearing closed. Asked how many trees are affected by the 48- and 60- inch requirement in Condition 4.3. Answered 13 trees. Stated nonsupport of this project because this site is a gateway into Old Town, and a coin-operated carwash is not appropriate for that corner. Stated that the First Street Specific Plan and the General Plan specify a well-balanced land use pattern; given the number of auto-related businesses within a one-mile radius of this project, he cannot support the project. Minutes - Planning Commission July 23, 2001 - Page 2 Davert Kozak Pontious Continued to August 27, 2001 7:28 p.m. Ashabi Davert Steve Diveny, Nextel representative Hamilton Linda Rusmisel, 2372 Silk Tree, representing Peppertree Homeowners Association Holland Stated his belief that this project will not negatively impact Old Town; this is an odd parcel presenting special problems; overconcentration has not been applied to other nonalcohol-related projects in the past; to do so with this project is unfair; the applicant was sent away from the last meeting with specific challenges which the applicant addressed and which will make the site pleasing and unobtrusive; since this site is west of the SR-55 freeway, it will not impact Tustin; this is an appropriate, viable use; and, stated his support of the project. Reiterated earlier comments that he would vote in favor of the revised project without modification to tree box size which is a critical element in his support; stated his empathy with his colleagues, but sees this as a viable project. Thanked Nathan Menard and other audience members; restated that she has been historically opposed to auto uses, especially some of those approved for First Street; agreed with Commissioners Davert and Kozak that this project suits this site; and, asked for a motion. It was moved by Davert to adopt Resolution No. 3791 with the new conditions as written and no further modifications, seconded by Kozak. Motion carried 3-2. CONDITIONAL USE PERMIT 00-035 AND DESIGN REVIEW 00-041 FOR AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS FACILITY DESIGNED AS A FIFTY-EIGHT (58) FOOT TALL FAN PALM TREE AT THE SOUTHEAST CORNER OF AN EXISTING SELF- STORAGE FACILITY. THIS PROJECT IS LOCATED AT 14681 FRANKLIN AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3792 approving Conditional Use Permit 00-035 and Design Review 00-041. The Public Hearing opened. Presented the staff report. Asked if the roof in the photosimulation is a residential structure. Answered that the structure is a storage facility. Stated he works for a telecommunications company, has talked with the City Attorney, and believes there is no conflict of interest. Expressed concern on behalf of the homeowners regarding the health risks involved and whether or not any studies have been done; and, stated that a 60-foot palm tree at that location will be unsightly. Indicated that telecommunications sites are preempted under Federal law with regard to health issues. Minutes - Planning Commission July 23, 2001 - Page 3 Director Kozak Director Ms. Rusmisel Mr. Diveny Kozak Mr. Diveny Kozak Mr. Diveny Kozak Mr. Diveny Kozak Mr. Diveny Director 8:10 p.m. Stated that sensitive use conditions regarding post- operative studies regarding emissions on various facilities have come back well within or below accepted ranges; Condition 1.8 discusses other kinds of studies that are necessary; Nextel may impact the 800 MHz system but has been very cooperative with staff to avoid this problem. Asked if the Planning Commission had reviewed the facility which was interfering with the 800 MHz system. Responded in the affirmative; and, indicated appropriate conditions will be imposed on future projects. Asked for clarification of the site proposed for the monopalm. Indicated the location as the southeastern corner at the back left on Franklin. Asked why there is a need for 58 feet when 35 feet was acceptable at prior locations and whether or not co- location had been considered. Replied that 58 feet allows for 6 feet of fronds; existing trees are between 40-50 feet; for the system to operate properly, it must be above the clutter; and, added that co- location was considered. Asked if this is a new location for Nextel. Replied in the affirmative. Asked if there are plans for other monopalms of similar size planned for Tustin. Replied there a similar sizes planned at Industrial and Red Hill and two or three sites in Irvine. Asked for clarification regarding Condition 1.8a. Answered that Nextel has worked closely with the Orange County Safety Division, and the specific language was provided by the Division. Noted that denial cannot be based upon interference with the City's safety communication system; existing court cases limit what the City can do; and, suggested that the Planning Commission might want to continue the matter to allow staff time to provide more information regarding the emissions, distance dimensions, etc. The Public Hearing closed. It was moved by Davert, seconded by Jennings, to continue the item to the August 27, 2001, Planning Commission meeting. Motion carried 5-0. REGULAR BUSINESS -- None Minutos - Planning Commission July 23, 2001 - Page 4 STAFF CONCERNS Report on Actions taken at the July 9 and July 16, 2001, City Council meetings. Director Pointed out an error on the Planning Commission agenda identifying the City Council meeting dates. Noted the City Council will send a letter supporting Proposal No. 5 of the Supervisodal District proposals; and, offered to provide a copy of the Council's recommended action at the next Planning Commission meeting. Stated the appeal of denial regarding the Carfax application was continued; the applicant does not want to withdraw the appeal since he is preparing a complete application for a conditional use permit for boarding houses. Stated the City Council had first reading on the Code Amendment regarding driveway standards; and, explained changes modifying retroactive enforcement. Hamilton Asked, regarding the percentage of concrete allowed in front yards, how boulders would fit into the equation. Director Answered that would have to be decided on a case-by-case basis. Jennings Asked if the 36-month revocation applies to properties changing ownership. Director Answered that disclosure must be made to any new owner. Holland Added that the City Council could require a Notice of Violation be recorded with the County to insure that new owners have received disclosure. Director The City Council sent a letter to the Orange County Grand Jury responding to the recommendations set forth in the Grand Jury Report regarding the 800 MHz law enforcement communications system. The City Council approved the 2001-2002 budget. The City Council held interviews for the openings on the Cultural Resources Advisory Committee; selected new members, Lucy Burch and Curt Lilly; and, reappointed Gary Smith. COMMISSION CONCERNS Jennings Stated that the banners at the antique mart near Newport Avenue and the I-5 freeway have been up a long time; and, asked if there is any limitation to banner displays. Davert None Hamilton Thanked everyone for the carwash discussion and the information provided by staff regarding auto-related density. Stated that the graffiti on the animal clinic on First Street he mentioned at the last meeting appears to be a mural. Minutes - Planning Commission July 23, 2001 - Page 5 Kozak Director Kozak Director Hamilton Pontious 8:20 p.m. Thanked staff for the workshop, including the members of the Cultural Resources Advisory Committee. Asked if the repairs of the burned-out buildings at Larwin Square next to Vons will include a fa(;ade designed to match Vons. Responded affirmatively. Asked staff to contact the City of Santa Ana for an explanation of the corrugated metal screening which has appeared on Del Taco's roof on Fourth Street. Proposed that medians and landscaping similar to those approved for Red Hill Avenue be included in the plans for First and Fourth Streets. Indicated there is a workshop planned in this regard which will allow the Planning Commission to put forth ideas. Stated the First Street Specific Plan reference to 2000 suggests that it is time for an update. None ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Monday, August 13, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary Chairperson Minutes - Planning Commission July 23, 2001 - Page 6