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HomeMy WebLinkAboutPC Minutes 01-12-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 12, 1998 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious INVOCATION: Commissioner Kozak Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth A. Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Scott Reekstin, Associate Planner Sara Pashalides, Associate Planner Karen Peterson, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS' PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the December 8, 1997 Planninq Commission Meeting. 2. General Plan Consistency Finding, Lot 115 of Tract 14396 (TUSD) Commissioner Davert moved, Commissioner Pontious seconded, to approve the Consent Calendar. Motion carried 5-0. Planning Commission Minutes January 12, 1998 Page 2 PUBLIC HEARINGS 3. Code Amendment 97-002; Tustin City Code Section 9276, Wireless Communication Facility Regulations and Guidelines APPLICANT: LOCATION: ENVIRONMENTAL STATUS: REQUEST: ESTABLISH CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92780 CITYVVIDE a NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ADDITION OF TUSTIN CITY CODE SECTION 9276 TO REGULATIONS AND GUIDELINES FOR WIRELESS COMMUNICATION FACILITIES. Recommendation - That the Planning Commission: the Adopt Resolution No. 3565 recommending that the City Council approve environmental determination for the project; and, Adopt Resolution No. 3566 recommending that the City Council approve Code Amendment 97-002. Scott Reekstin, Associate Planner presented the subject report. The Public Hearing opened at 7:16 p.m. Commissioner Kozak commented on various sections of the ordinance and identified his desire to ensure co-location whenever feasible and bonding for removal of equipment. Chairman Mitzman commented about his desire to see visual impact studies required for all wireless location requests; limiting co-location, and does not believe copies of leases need to be given to the City. Linda Paul, L.A. Cellular, thanked staff for the opportunity to comment on the wireless ordinance and noted her concerns with bonding and felt that providing a memorandum of lease was preferable to providing a copy of a lease. Commissioner Browne asked if co-location posed a problem to the carriers and if the benefits received from sharing a lease would be offset by the costs. Linda Paul stated that co-location does pose problems and appreciated that the Ordinance recommends, as opposed to requires co-location. Commissioner Kozak agreed that site by site analysis should be done for co-location. Barbara Saito, Nextel Communications stated her appreciation for staffs responsiveness and her concern about a carrier's ability to apply for a variance. Commissioner Pontious stated that if height is considered for a variance all other guidelines should be met. Lois Bobak stated that it would be more appropriate to review variances on a case by case basis. Planning Commission Minutes January 12,1998 Page 3 The Director stated that the language before the Commission would need to be modified to permit variances from height standards. Commissioner Browne - inquired about input of the Federal Communications Commission (FCC). Barbara Saito stated that the FCC has been very supportive of local jurisdictions as long as ordinances are not too restrictive. Dean Brown, Air Touch, stated his appreciation for staff's efforts on the ordinance and would like an alternative to a variance to deviate from the height standards and felt bonding was unnecessary. Barbara Saito stated that equipment may become obsolete but the equipment would be replaced and the site would continue to be used. The Public Hearing closed at 7:50 p.m. Commissioner Davert commented specifically that there is no need to require bonding; a memorandum of lease would be sufficient; would like to allow variances under extreme circumstances; grandfather carriers with existing facilities and that he was impressed with lengths staff has gone to solicit comments from carriers. The Director read Ordinance No. 1192 changes into the record. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3565 recommending that the City Council approve the environmental determination for the project. Motion carried 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to recommend. that the City Council approve Code Amendment 97-002 revised as follows: Page 2, Item 4 - after "be located" insert "and/or co-located" Page 2, Item 5 - delete "by restricting" and insert "and prevent" Page 3, Item 13 - after "five year period" insert "and/or at annual intervals thereafter," Page 9, 2.a, Subsection 1 - after "signs" insert "and/or co-located on existing facilities." Page '11, h.4 - after "to locate" insert "and/or co-locate" Page 12, I -change "Criteria" to "Standards" Page 12, j, first sentence - after "(5) years" insert "and/or at annual intervals thereafter," Page 12, j, last sentence -after "safety" insert ", community aesthetics" Page 12, k, second sentence changed to read: "A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Director prior to the issuance of a building permit for the major wireless communication facility." Page 12, k, - change "five (5) days after" to "five (5) days prior to" Planning Commission Minutes January 12, 1998 Page 4 Page 13, m - change paragraph to read: "Violations of this Ordinance shall constitute a public nuisance and shall also constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Tustin City Code Section 1121." Motion carried 5-0. 4. Conditional Use Permit 97-013 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JASON JERALDS TUSTIN BREWING COMPANY, INC. 13011 NEWPORT AVENUE, SUITE #100 TUSTIN, CA 92780 JACK STANALAND SOMERSET FINANCE CORPORATION 1509 S. COAST HIGHWAY, SUITE #8 LAGUNA BEACH, CALIFORNIA 92651 13011 NEWPORT AVENUE, SUITE #100 CENTRAL COMMERCIAL DISTRICT (C-2) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH AN OUTDOOR SEATING AREA IN CONJUNCTION WITH AN EXISTING RESTAURANT, ESTABLISH LIVE ENTERTAINMENT AND MODIFY HOURS OF OPERATION AT 13011 NEWPORT AVENUE, SUITE #100. Recommendation - That the Planning Commission adopt Resolution No. 3570 approving Conditional Use Permit 97-013. Karen Peterson, Associate Planner presented the subject report. Commissioner Davert inquired about the legality of Item 3.8 indicating the hours alcohol served to be 9:00 a.m. to 2:30 a.m. Ms. Peterson replied that it should read 9:00 a.m. to 2:00 a.m. The Public Hearing opened at 8:11 p.m. Greg Bennett, architect, stated his concurrence with staffs recommendations with the exception of Condition 4.2 and passed copies of revised language to the Commission. Chairman Mitzman noted the parking problem in the center and concern with adding tables. Dan O'Connor, center tenant, stated that the brewery is attractive but believed they were to provide valet parking when originally approved and asked why the walkway does not lead directly to the front of the patio fence thereby eliminating turns for handicapped access. Greg Bennett responded that the path goes around mature trees which screen the patio from the street and the access meets current ADA codes The Public Hearing closed at 8:24 p.m. Planning Commission Minutes Janua~ 12,1998 Page 5 The Director stated that staff does not concur with the proposed language from the applicant and that modifications made by staff limit the review of the noise analysis to the noise levels associated with outdoor seating and/or live entertainment. Commissioner Kozak asked if the noise ordinance refers to noise inside the. establishment. The Director replied that the noise ordinance does not address internal noise. Commissioner Pontious asked why the noise study is being done in advance as opposed to in response to complaints. The Director replied the study was being done in advance due to the close proximity of a residential use. Commissioner Browne asked if there were any inquiries from the public prior to the meeting. The Director indicated there were no inquiries. Commissioner Davert noted that the noise study allays his concern with the proximity of the apartments and has no problem with the seating since the capacity is not increasing. Commissioner Davert moved, Commissioner Pontious seconded, to adopt the revised Resolution No. 3570 brought to the meeting which was also amended at the meeting as follows: Exhibit A, Page 3, Item 3.8 - "Monday through Friday, 9:00 a.m. and 2:30 a.m. on Saturday," should read "Monday through Friday, 9:00 a.m. and 2:00 a.m. on Saturday". Motion carried 5-0. 5. Conditional Use Permit 97-026 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: PERMIT AND UNITED OC NEON SIGNS, INC. 21704 DEVONSHIRE ST., #302 CHATSWORTH, CA 91311 A'I-FN: BRUCE ALLEN GOLDENVVEST DIAMOND CORP 15732 TUSTIN VILLAGE WAY, SUITE A TUSTIN, CA 92780 15712 - 15762 TUSTIN VILLAGE WAY COMMERCIAL RETAIL - PARKING OVERLAY (Cl-P) THIS PROJECT IS A STATUTORY EXEMPTION PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMEND THE MASTER SIGN PLAN FOR THE CENTER TO ANCHOR TENANTS TO HAVE LARGER PRIMARY SECONDARY SIGNS. Recommendation - That the Planning Commission adopt Resolution No. 3573 denying. Conditional Use Permit 97-026. Sara J. Pashalides, Associate Planner presented the subject report. The Public Headng opened at 8:31 p.m. Planning Commission Minutes January 12, 1998 Page 6 William Doddridge, Jewelry Exchange, stated his business acquired two additional units and would like to use signage that would have been allowed if separate tenants were using the units. Commissioner Pontious stated that she would like to see staff work with the applicant to accommodate their request but not so that it impacts the balance of the center. The Director stated that as long as the applicant is willing to be flexible and the Commission is in agreement to continue, staff will assist the applicant with modifications. Bruce Allen, United O.C. Neon Signs, indicated that he wrote the master sign plan for the center. Chuck Yeagley, Jewelry Exchange, stated that he surveyed businesses in the vicinity and they stated that they were regularly directing customers to the store. Commissioner Pontious stated that what the applicant is asking for is not going to help them with their visibility problem and more effective use of their monument sign would be a better approach. Commissioner Kozak suggested that the applicant use the pole sign to identify their location. Commissioner Pontious moved, Commissioner Kozak seconded, to continue the item to the February 9, 1998 Planning Commission meeting to allow staff the opportunity to work with the applicant. Motion carried 5-0. 6. Amendment to Conditional Use Permit 93-025 APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TODD NIELSEN TUSTIN CARNICERIA 15822 PASADENA AVENUE TUSTIN, CALIFORNIA 92780 JOHN RICHARDSON 30781 S. COAST HIGHWAY LAGUNA BEACH, CA 92651 15822 PASADENA AVENUE CENTRAL COMMERCIAL DISTRICT (C-2) THIS PROJECT IS A STATUTORY EXEMPTION PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMENDMENT TO CONDITION 3.15 OF PLANNING COMMISSION RESOLUTION NO. 3186 TO ALLOW ONE (1) EXTERIOR PAY PHONE AT 15822-15882 PASADENA AVENUE. Recommendation: That the Planning Commission continue this item until its regularly scheduled meeting on January 26, 1998. The Director presented the subject report. The Public Hearing opened at 8:50 p.m. Commissioner Davert suggested the public hearing be opened. Retha Roberts, property manager, asked if the applicant gave any reason for wanting the pay phone. Planning Commission Minutes January 12, 1998 Page 7 The Director stated that the owner has identified the phone as a public convenience for patrons. The Conditional Use Permit for this site was approved in 1993 with a specific condition that prohibited exterior phones. The phone was installed without the benefit of permits and staff was notified by the Tustin Police Department due to problems located at' that facility. Commissioner Davert inquired if Ms. Roberts opposes the phone or is in favor. Retha Roberts stated her strong opposition and that the phone is a nuisance and does draw a criminal element and asked why the Commission is even considering the conditional use permit. The Director stated that the City has to afford the applicant due process rights and staff will include Ms. Roberts' testimony in the staff report when the item is brought back. The Public Hearing closed at 8:55 p.m. Commissioner Pontious moved, Commissioner Kozak seconded, to continue the item to the regularly scheduled meeting on January 26, 1998. Motion carried 5-0. REGULAR BUSINESS: None Scheduled STAFF CONCERNS: 7. Report on Actions taken at the January 5, 1998 City Council Meeting. Elizabeth A. Binsack, Community Development Director reported on the subject agenda. Commissioner Davert moved, Commissioner Pontious seconded, to receive and file the subject agenda. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Davert Indicated that a member of the Cultural Resources Advisory Committee (CRAC) suggested that it might be appropriate for the CRAC to review projects in the Cultural Resources Overlay District. Staff indicated that they would send a response to the Cultural Resources Advisory Committee. Commissioner Kozak Stated he was glad to be back after the holidays. Commissioner Pontious Stated that she met one of the Code Enforcement Officers in the field and they are doing a great job. Stated that she will be suggesting that the EDC organize a marketing workshop for businesses in the City. Planning Commission Minutes January 12, 1998 Page 8 Chairman Mitzman Stated that he received notification through his homeowners association of the MCAS EIR hearing on February 5, 1998 and inquired about a rehearsal for the Commission prior to the hearing. Staff responded that there would be a rehearsal but the Chairman and Vice Chair only need attend and a memo would be sent to notify them of the date of the rehearsal. Asked staff of the progress of his request to change noticing procedures. Staff stated that a response would be brought to the Commission at one of their February meetings. ADJOURNMENT: Commissioner Kozak moved, Commissioner Davert seconded, to adjourn the meeting at 9:03 p.m. Motion carried 5-0. A MCAS Specific Plan/Reuse Plan Workshop on Chapters 4-5 will be held at 6:00 p.m. on January 26, 1998, City Council Chambers, 300 Centennial Way, Tustin. The next meeting of the Planning Commission will be held on January 26, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. MITZMAN CHAIRMAN ~EE~ZABETH A. BIN~;ACi~ - - ' ' PLANNING COMMISSION SECRETARY