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HomeMy WebLinkAboutPC Minutes 03-13-00 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 13, 2000 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATION: 7:01 p.m., City Council Chambers Commissioner Davert Chairperson Kozak, Bell, Davert, Kawashima and Pontious Presented to Kathy Martin, Recording Secretary, as she leaves service for the City of Tustin. PUBLIC CONCERNS: No Public Concerns were expressed. CONSENT CALENDAR: 1. Minutes of the February 28, 2000 Planning Commission Meeting. Commissioner Davert moved, Commissioner Kawashima, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Conditional Use Permit 00-004 a request to establish a contractor's office in an existing office building. The project is located at 275 Centennial Way, Suite 211, within the First Street Specific Plan zoning district. APPLICANT: PROPERTY OWNER: Recommendation ORANGE COUNTY CONSTRUCTION AND MAINTENANCE LARWIN SQUARE, LLC. That the Planning Commission adopt Resolution No. 3716 approving Conditional Use Permit 00-004. The public hearing opened at 7:08 p.m. Bradley Evanson, Assistant Planner presented the subject report. The public hearing closed at 7:10 p.m. Commissioner Davert moved, Commissioner Bell seconded, to adopt Resolution No. 3716 approving Conditional Use Permit 00-004. Motion carried 5-0. Conditional Use Permit 99-012 And Design Review 99-017 a request to construct a major wireless communication facility. The project is located at 15201 Woodlawn Avenue within the Pacific Center East Specific Plan (Technology Center) zoning district. APPLICANT: SPRINT PCS Planning Commission Minutes March 13, 2000 Page 2 PROPERTY OWNER: DAVID FRENCH SNAPPLE RECOMMENDATION Pleasure of the Planning Commission. The public hearing opened at 7:11 p.m. Lori Ludi presented the subject report, Commissioner Davert asked staff if the applicant could make do with a monopole of less than 60 feet and still have reasonably good coverage, Lori Ludi replied that the radio frequency analysis indicated that 45 feet would be sufficient for vehicular use but not for use within a building and a 60 foot facility may leave gaps in coverage. Commissioner Davert asked if the applicant anticipated another structure. Lori referred that question to the applicant. Commissioner Davert noted that there are a number of buildings taller than the Snapple building and asked staff's opinion on the feasibility of using the Orange County Teachers Credit Union building for a roof mounted antenna, The Director responded that staff believes it would be possible and the applicant has not provided justification that it cannot be done and further noted other sites that use signs and relatively high buildings to accommodate cell sites. Chairperson Kozak stated that the Micro Center sign would be an excellent site, Commissioner Davert stated that with the upcoming Tustin Legacy project he would like to see other options explored before committing to a 60 foot monopole. Commissioner Kawashima asked what the height restriction is for the Pacific Center East. The Director stated that the maximum height permitted in this district is 50 feet for buildings which is why an additional 10 feet for clearance was incorporated in the wireless ordinance. Commissioner Davert asked if two or more building mounts would provide the same coverage. Karen Peterson noted that the applicant's justification letter states that any antenna height of less than 60 feet may require the placement of two antenna locations to cover the signal requirements for the area. Commissioner Davert stated that the Planning Commission could suggest two well- screened antennae as opposed to one monopalm. The Director responded that the Commission could request that and noted that several other carriers have done that. She further noted that the ordinance incorporated approval of stealth facilities at the Zoning Administrator level for ease of development. Chairperson Kozak noted that the Commission has to take potential developments at Tustin Legacy into consideration. Saundra Jacobs, Sprint representative, thanked Lori Ludi and Karen Peterson for their hard work and assistance through the application process. She stated that the proposed antenna is in response to very poor cellular coverage in the area of the 55 freeway, Planning Commission Minutes March 13, 2000 Page 3 Redhill and Edinger Avenue. She noted that Sprint reviewed several potential site candidates and chose this property owner because he was a willing lessor, agreed to the lease rate that Sprint budgeted for, and lastly there is enough physical space for the equipment. She asked for the Commission to approve a standard antenna because it is conducive to co-location and the tree poles are not conducive to collocation. She thanked the Planning Commission for their time. Chairperson Kozak stated his appreciation for comments regarding alternatives and stated his preference for a multiple building alternative. Saundra Jacobs, Sprint representative, stated that the site acquisition personnel looked at various buildings in the area and this was the best alternative. Chairperson Kozak asked the applicant for assistance in reading the graphical depictions of coverage and drop areas. Kathleen Abola, radio frequency engineer for Sprint, stated that map 1 shows the current cell sites and green and yellow is vehicle coverage level; map 2 shows the same area with two additional cell sites that are being added to show what they will cover; map 3 shows the same area with the requested at 60 feet; and map 4 shows the same area with the facility at 45 feet. She noted that the system is very dynamic and coverage changes according to how many people are using their phones. She further noted that if the pole is approved for only 45 feet, the coverage gets smaller and the site would have to be revisited. Commissioner Davert asked staff how much the FCC limits what the City can do. The Director stated that the City may not ban the technology they are proposing which is why the ordinance identifies site location criteria. The City does have the discretion to regulate location and what the facility looks like. She further noted that five years ago it was not possible to do a monopalm or building mounted, otherwise monopoles would be located throughout the community. Commissioner Pontious stated that she cannot support a monopole and believes it is unfortunate that once an acceptable location was found, the applicant did not review alternative mounting locations. She further stated that she would be more inclined to approve a monopine since there have been problems with keeping the palm trees alive in other locations. Chairperson Kozak asked Commissioner Pontious if her recommendation would be for 60 feet or lower. Commissioner Pontious responded that she is willing to approve the 60 foot proposal because of the possibility of having more poles at the 45 foot height. Commissioner Davert stated his first preference would be something that is building mounted but noted that he does find the applicant's justification compelling. He stated he is very concerned about the impact on surrounding community particularly with the Tustin Legacy project. He stated that he would be willing to approve a monopalm with a round trunk. He further noted that the project site has rusty furniture and garbage all over and asked if the property owner could be encouraged to clean up the site. Commissioner Bell stated that she would also prefer a roof mounted facility but given the choice between a palm or a pine she feels the pine blends in better with the existing landscaping. She also encouraged the applicant to look at other locations. Commissioner Kawashima stated he would be willing to approve a monopine at 60 feet. The Director stated that she believed the applicant did not explore the possibility of a 45 foot screen on top of a 30 foot building but staff would not likely recommend approval. ! I Planning Commission Minutes March 13, 2000 Page 4 Commissioner Davert noted that, to be fair to the applicant, this was the one property owner they were able to come to terms with. Seline (incomprehendable), a representative from Sprint, noted that the search for buildings is left to the site acquisition personnel to negotiate with landlords who are responsive to their needs. He further stated that it is not a case of not investigating other sites since the search has been going on for a year and they have been looking in that area extensively. He noted that there are technical restrictions in terms of power loss and requirements for this type of equipment. Chairperson Kozak stated that he did not see the difference in the cable run for a 60 foot above ground antenna and a 30 foot building because it is still 60 feet above ground level. Seline (incomprehendible) stated that the underground structural engineers would not approve an extension at a maximum 50 feet above roof line even if the landlord was willing. Commissioner Davert asked if the applicant would be lowering antennas in the future. Seline stated that they probably wouldn't lower antennae but adjust specific antennae. Commissioner Davert asked staff about the conditions that would limit the applicant. The Director noted that Condition 1.6 would allow her to re-review the project in 2005 in the event that technology exists to bring down the height but would require Council approval; Condition 1.9 would limit the overconcentration of their facilities in this area which would mandate a building mounted facility in the future; and, she noted that other carriers' technology may allow them to collocate on stealth facilities and a condition could be included that would mandate that at a fair market rate. Commissioner Pontious asked if Condition 1.6 could be amended to indicate review every five years after. The Director stated that the condition could be modified as such. Chairperson Kozak asked staff if they had any information about future development plans for the vacant property between the Snapple building and Del Arno. The Director responded that City is undertaking the development of the Newport Avenue extension and the reconfiguration of the offramps in that area. As part of the public improvements, the undergrounding of Edison trunklines that are going through there is being considered. Chairperson Kozak stated his concern about the effect of a 60 foot cell site on the Tustin Legacy and any development proposals for the vacant property. He stated his preference for a roof-mounted alternative and his concern about setting a precedent by going above 50 feet. He further stated he would be more in favor of a palm tree rather than a pine but would not like either at 60 feet. Commissioner Davert asked the Director if there is a 50 foot limit on the height of the antenna. The Director responded that there is a 50 foot height limit on buildings but the wireless ordinance allows an additional 10 feet in height for an antenna. Commissioner Davert asked if a 50 foot building were constructed on the vacant lot what affect that would have on the cell site and what the applicant would do in that situation. Saundra Jacobs, Sprint representative, stated that if the antenna were 60 feet high and the building were 50 feet high there would be no affect on coverage. She further noted that she brought samples of the fake pine branch and trunk and noted that they can now Planning Commission Minutes March 13, 2000 Page 5 be made round and the carrier guarantees to the landlord the site will be kept working and in good order. Commissioner Davert noted the staff recommendation of Pleasure of Commission and asked staff has a recommendation after examining the issue. The Director stated that staff does not feel that all options have been exhausted which is why a resolution of denial has been presented. She stated that the decision was up to the Commission and if they are inclined to approve a palm or pine monopole, staff would recommend continuing the hearing for two weeks to allow staff to modify the resolution. Commissioner Pontious stated she is pleased that the cell site will not be impacting residential areas as in the past. Commissioner Davert stated he did not wish to be unbusiness friendly but did not wish to see cell sites continue to proliferate. Chairperson Kozak stated that the Commission is going to see more requests of this kind. Commissioner Davert stated that he accepts the applicant's justification for 60 feet height but he prefers a stealth site. The Director stated that the Commission can take action this evening and direct staff to prepare a resolution of approval. Commissioner Davert moved, Commissioner Pontious seconded, to approve the project and directed staff to prepare a resolution of approval to reflect the Commission's direction. Saundra Jacobs, Sprint representative, noted that the additional living trees have to be shorter than the antenna. The Director noted modifications including requirement for collocation and lowering facility if technology exists. Chairperson Kozak stated that the pole should be round. The applicant responded affirmatively. Commissioner Pontious thanked the applicant for the excellent graphics that were provided. Commissioner Davert asked if the property owner could be encouraged to clean up the property. The public hearing closed at 8:17 p.m. REGULAR BUSINESS No Regular Business STAFF CONCERNS: 4. Report on Actions taken at the March 6, 2000 City Council Meetinq Presentation: Elizabeth A. Binsack, Director of Community Development Planning Commission Minutes March 13, 2000 Page 6 5. Summary of Projects Presentation: Karen Peterson, Senior Planner Commissioner Bell moved, Commissioner Pontious seconded, to receive and file. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Bell - Wished Kathy good luck. - Congratulated Commissioner Davert on the birth of his daughter. Commissioner Davert - Noted that the Baskin Robbins store closed and has been replaced with something else. - Stated that the public auto auction signs mentioned at the last meeting have been up for the last three weekends. He suggested that the City of Santa Ana code enforcement be enlisted to assist in the elimination of the signs. The Director stated that staff contacted the persons placing the signs and they said they would not locate the signs in Tustin and staff will contact them again. - Wished Kathy good luck and thanked her for her work for the Commission. Commissioner Pontious - Wished Kathy good luck and fond farewell. Congratulated Commissioner Davert on the birth of his daughter. Commissioner Kawashima Thanked Kathy for her work and congratulated her on her upcoming wedding. Congratulated Commissioner Davert on the birth of his daughter. Noted that the roller rink on Walnut Avenue closed down. Karen Peterson noted that the rink was sold to another owner but will continue to operate. Chairperson Kozak Asked for the status of the quick lube on Newport Avenue. The Director stated that the project is moving along and going through the plan check process and is close to getting building permits. Asked if staff could provide public works improvements on the project summary report in the future. The Director responded that staff will add that information as an attachment to the reports. Thanked Kathy for her work and support of the Commission. Planning Commission Minutes March 13, 2000 Page 7 ADJOURNMENT: Commissioner Pontious moved, Commissioner Kawashima seconded, to adjourn the meeting at 8:30 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on March 27, 2000 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ~{el~l~:~ V. Kozak Chairperson Elizabeth A. Binsack Planning Commission Secretary