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HomeMy WebLinkAboutPC Minutes 08-23-99MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 23, 1999 6:00 p.m. MCAS, Tustin and Redevelopment Agency Update - presented by Christine Shingleton CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Davert ROLL CALL: Commissioners: Chairperson Kozak, Bell, Davert, Pontious Kawashima and Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious Absent: None Staff: Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Douglas Anderson, Senior Project Manager - Traffic Justina Willkom, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: No public concerns were addressed. CONSENT CALENDAR: 1. Minutes of the August 9, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded, to approve the minutes. Motion carried 5-0. PUBLIC HEARINGS: Above Ground Cabinets Desiqn Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. Planning Commission Minutes August 23, 1999 Page 2 The Public Hearing opened at 7:03 p.m. Justina Willkom presented the subject report and noted corrections to the resolution. John Higgins, 2342 Caper Tree Drive, noted that the boxes Cox Communications put in front of his house interfere with watering and mowing his lawn. He suggested that the guidelines be retroactive to installations done without a permit. The Director stated that the guidelines could apply to applicants or utility providers who did not receive appropriate encroachment permits but she noted that because an encroachment permit was not received does not mean they would not be approved as proposed. She noted that people enjoy the benefit of utility services but few want to have their properties encumbered by the improvements. She noted that with respect to the height of the improvements, the front yard would allow a 3 foot high fence so staff is proposing that there be no improvements higher than 3 feet; the rear and side yards could be 6 feet 8 inches high. She noted that most of the proposals do not exceed 5 feet so it would be in keeping with the level of fence height in front, side and rear areas. John Higgins, noted his concern with the front yard height as they would block holiday displays and be dangerous to children riding their bikes on the sidewalk. The Director noted that staff could meet with Mr. Higgins and talk about the site specific locations where he believes there will be a problem. Kim Barone Scherer, Southern California Edison (SCE), complimented staff, thanked the Planning Commission and stated that the additional cost to underground utility boxes would be passed onto customers and requested an exemption under their franchise agreement. Commissioner Pontious asked Ms. Scherer about other city ordinances that she referenced. Kim Barone Scherer, SCE, stated that the ordinances related to street cuts and trenching. Chairperson Kozak asked Ms. Scherer if there were no above ground cabinet guidelines in other SCE service areas. Kim Barone Scherer, SCE, stated that she is not aware of any but there may be one or two and she believes other cities are looking at the issue currently. John Stratman, Jr., Pacific Bell, thanked staff for their time and stated that all franchises should be exempt, the guidelines create more red tape, and their cabinets can not be placed underground. The Public Hearing closed at 7:29 p.m. Commissioner Pontious asked the City Attorney if it would be legal to exempt the utility providers. Lois Bobak, Deputy City Attorney, stated that the City Attorney has looked at the guidelines and there is no basis for exclusion. The Director noted that the current City code requires all utilities be undergrounded and the guidelines grant relief by providing clear cut criteria for encroachment permits which are discretionary. Commissioner Davert stated his approval of the ordinance and asked if the guidelines could be modified later if necessary. Planning Commission Minutes August 23, 1999 Page 3 The Director responded that the Commission could modify the guidelines. Commissioner Pontious asked if the comprehensive notebook that John Stratman mentioned could be included in the guidelines as a master plan. The Director responded affirmatively that the utility's notebook could be included as part of a master plan. Chairperson Kozak confirmed that would apply to any utility. Lois Bobak, Deputy City Attorney, stated that the utilities should not be lead to believe that if they place their standard box on any given site they will get an automatic approval for an encroachment permit. Commissioner Pontious moved, Commissioner Davert seconded, to adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213 amended as follows: Ordinance No. 1213, page 3, last paragraph "Section 7263" is to be omitted and replaced with "the Above Ground Cabinet Design Guidelines". Motion carried 5-0. REGULAR BUSINESS Alcoholic Beverage Sales Establishment Guidelines In March 1999, the Planning Commission requested that the existing "Alcoholic Beverage Sales Establishment Guidelines" be revised. The Commission noted that the guidelines may not address the types of establishments that have recently become popular and that business owners would benefit from updated guidelines that cleady summarize the City's policies on the establishments that serve alcoholic beverages. RECOMMENDATION That the Planning Commission adopt Resolution No. 3687 approving the revised guidelines. Lori Ludi, Associate Planner presented the subject report and noted minor revisions made by the City Attorney. Commissioner Davert stated that staff did a great job on the guidelines and they would be helpful in the future. Commissioner Pontious stated that staff did an excellent job and noted that the guidelines are broad enough to be encompassing. Chairperson Kozak commented that the guidelines were very clear and would be helpful to applicants, the Planning Commission and the City Council. Commissioner Kawashima noted that the guidelines will bring the City up to speed with the changes in the industry. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3687 approving the revised guidelines as amended. Motion carried 5-0. Planning Commission Minutes August 23, 1999 Page 4 STAFF CONCERNS: 4. Report on Actions taken at the August 16, 1999 City Council Meeting~ Presentation: Elizabeth A. Binsack, Director of Community Development October 7, 1999 and The resolution, a public hearing would be scheduled. Commissioner Davert Noted that there is an article about Elizabeth Binsack in this Orange County American Planning Association newsletter. Commissioner Kawashima month's - Noted that the public address system at the Tustin Auto Center has been quite loud recently. Karen Peterson noted that a letter would be sent to the Auto Center Association. Asked about the status of the EZ Lube project. The Director responded that the project is currently in plan check. Chairperson Kozak Thanked staff for the presentation given by Christine Shingleton and noted the Tustin Legacy was going to be a great project. Noted his concern about panhandling at the Fourth Street exit on the northbound 55 freeway. Noted his concern about flower vendors on the Jamboree median by the Market Place. Noted that the Planning Official's Forum was going to be on encouraged all the Commissioners to attend. COMMISSION CONCERNS: Commissioner Bell - Stated her pleasure with the passing of the above ground cabinet guidelines and noted her concern that all homeowners were not being notified in the past. Commissioner Davert Noted that the Burger King restaurant is open and work has started on the car wash. He asked staff to notify the Planning Commission of any major revisions to the resolution that was approved for the car wash. The Director noted that the applicant is working on a phasing plan and will be constructing the retail operation first followed by the car wash. Commissioner Pontious - Stated that if the retail portion of the car wash operation is not developed, the car wash operation should be reversed as originally requested by staff. Director stated that if there were any major changes to the approved Planning Commission Minutes August 23, 1999 Page 5 ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 7:52 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on September 13, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ~t~ V. Kozak Chairi~rson Elizabeth A. Binsack Planning Commission Secretary