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HomeMy WebLinkAboutPC Minutes 10-14-96CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Commissioners Present: MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 14, 1996 7:00 p.m., City Council Chambers Commissioner Howard Mitzman Tustin Police Chaplain Allan Waterson Lou Bone, Chairman Dave Vandaveer, Chairman Pro-Tem Steve Kozak Leslie Pontious Howard Mitzman Staff Present: Elizabeth Binsack, Director, Community Development Lois Bobak, Deputy City Attorney Sara Pashalides, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No one addressed the Commission. CONSENT CALENDAR: (ALL MATTERS LISTEDUNDER 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 September 23, 1996 Planning Commission Meeting. Commissioner Pontious moved, Vandaveer seconded to approve the consent calendar. Motion carried 4-0. Commissioner Mitzman abstained. PUBLIC HEARINGS: Conditional Use Permit 96-029 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: LEWIS HOMES OF CALIFORNIA 1156 NORTH MOUNTAIN AVENUE P.O. BOX 670 UPLAND, CA 91785-5008 ATTENTION: MR. GARY LUQUE LOT 27 OF TRACT 13627 GENERAL COMMERCIAL EAST TUSTIN SPECIFIC PLAN (ETSP) THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15303 ENVIRONMENTAL QUALITY ACT. DETERMINED TO BE 3) PURSUANT TO THE OF THE CALIFORNIA Planning Commission Minutes October 14, 1996 Page 2 REQUEST: TO EXTEND THE TIME PERIOD FOR THE ESTABLISHMENT OF A TEMPORARY MODULAR STRUCTURE FOR USE AS AN OFF- SITE REAL ESTATE PRE-SALES OFFICE. Recommendation - The applicant has withdrawn the application. No further action is required on this item. Planner: Gregory Gubman, Associate Planner Amendment No. 2 to Vestinq Tentative Tract 14410, Amendment No. 2 to Hillside Review 95-001, Design Review 96-037 and Amendment No. 3 to Conditional Use Permit 91-008 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: LEWIS HOMES OF CALIFORNIA 1156 NORTH MOUNTAIN AVENUE P.O. BOX 670 UPLAND, CA 91785-5008 ATTENTION: MR. GARY LUQUE LOTS 7, 8, "N", "0" AND "U" NORTHWESTERLY CORNER OF PETERS PIONEER ROAD LOW DENSITY RESIDENTIAL/HILLSIDE DISTRICT - EAST TUSTIN SPECIFIC PLAN (ETSP) OF TRACT 13627; CANYON ROAD AND THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO PROVIDE AN ADDITIONAL PRODUCT TYPE TO THE BUILDOUT OF A PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENT Recommendation - That the Planning Commission continue this item to a future date to allow the applicant to revise the proposed project. Consideration of this project by the Planning Commission will be rescheduled and noticed for a future meeting. Commissioner Pontious moved, Vandaveer seconded to continue the item to a future date to allow the applicant to revise the proposed project. Motion carried 5-0, 4. Conditional Use Permit 96-026 and Desiqn Review 96-036 APPLICANT: OWNER: AGENT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: L.A. CELLULAR 17785 CENTER COURT DRIVE NORTH CERRITOS, CA 90703 ATTN: LESLIE DAIGLE MELVIN A. MOORE 17117 SOUTH BROADWAY GARDENA, CA 90248 TI PLANNING & DESIGN 2314 MICHIGAN AVENUE SANTA MONICA, CA 90404 ATTN: KEITH GLASSMAN 1001 EDINGER AVENUE REGIONAL CENTER - PACIFIC CENTER EAST SPECIFIC PLAN SOUTH CENTRAL REDEVELOPMENT PROJECT AREA THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15303 ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH COMMUNICATION FACILITY. DETERMINED TO BE 3) PURSUANT TO THE OF THE CALIFORNIA A MAJOR WIRELESS Planning Commission Minutes October 14, 1996 Page 3 Recommendation - That the Planning Commission approve Conditional Use Permit 96-026 and Design Review 96-036 by adopting Resolution No. 3480. Chairman Bone - The Commission will be changing the public hearing procedure. The public hearing will be opened prior to the staff report. The staff report will be given and then the Commission may ask questions. The applicant can make a presentation, and the Commission may ask questions of the applicant. At this point, public comments can then be made. When the motion is made, the Commissioner making motion will close the public hearing. The Public Hearing opened at 7:05 p.m. Presentation: Sara Pashalides, Associate Planner Commissioner Kozak - inquired if the existing propane facility is the property owner from which L.A. Cellular will be leasing the site for the monopole. Sara Pashalides - answered in the affirmative. Commissioner Kozak - asked if staff anticipated that the property would be developed or redeveloped in conjunction with adjacent properties as part of the Pacific Center East Plan. Sara Pashalides - indicated that the site would probably be developed and noted that the Pacific Center East Plan will be going through some modifications in the next six months to a year. The property is at the edge of the ultimate extension of the Newport right-of-way. Commissioner Kozak - inquired if the review of this authorization would come back before five years if the final alignment for Newport affects the location of the monopole. Sara Pashalides - indicated that if a different development plan and design review were submitted, the plan would be presented to the Commission for approval. The Director - stated that staff routed the plans through the Engineering division. If a development plan is going to conflict with the ultimate right-of-way plans, the Engineering Division would comment as appropriate. Commissioner Mitzman - asked if the alignment of Newport was somewhere in the middle of the Case Swayne building, and noted that if the pole is at the slope at the freeway, it will not even come close to the realignment. He noted that the pole is at the northern boundary of the property closest to the rear of the apartment building. He inquired if the applicant ever looked into locating the pole to the southern portion to move it farther away from the apartment building. Sara Pashalides - suggested that the Commission ask the applicant if they considered moving the monopole. Commissioner Vandaveer - asked the diameter of the top of the monopole. Sara Pashalides - indicated that on the second page of the enlarged site plan there is a scale. The diameter is close to 16 feet. The pole would take up almost the entire fenced in area. Planning Commission Minutes October 14, 1996 Page 4 Commissioner Vandaveer - stated that the monopole reminded him of the one in North Tustin. He noted that it is only fifteen feet above the freeway, and inquired if large trucks will affect radio reception. The applicant indicated in the negative. Commissioner Bone - noted that this pole is similar in height and dimension as the one on Sixth Street and the 55 Freeway. Sara Pashalides - stated that the poles are not the same height. The pole on Sixth Street is 60 feet and a product of Pacific Bell. Commissioner Bone - stated that he called staff this afternoon regarding health and safety issues on page 2 of the staff report. He stated that he knows one pole has minimal effect. He inquired if any research had been done and noted that staff had sent him related studies. Sara Pashalides - referred this question to the applicant. Commissioner Bone presentation. asked if the applicant would like to make a Linda Paul, L.A. Cellular - indicated that this is a much needed facility. There is heavy usage along the freeway. The provider is also experiencing additional residential usage. She indicated that surrounding sites are overloaded. The antennas are directional and the radio frequency emission is directed outward from the antennas. A number of sectors of the surrounding sites are congested. She offered a map to the Commission showing the sites and how they are laid out and sectors that are impacted. This site is what is called a capacity site which is designed to offload congestion at the existing sites. Congestion causes what is commonly called channel blocking. There could be a number of facilities in very close proximity and emissions would be below the standards set by the FCC. At this site, there are fifteen channels in one sector, and nineteen channels in the others, the one sector with fifteen is operating at one watt per channel, the sectors with nineteen are operating at less than one watt. Commissioner Bone - asked if the company was looking at any additional sites in the City of Tustin. Linda Paul - stated that she is not the person who handled this site and does not know the history. The company has been working on this site for a period of three years. The company would prefer a 60 foot height at this site. Sara Pashalides - stated that the original plans show a request for 45 feet in height. Commissioner Bone - stated that he believed that 45 feet is the height limit the City has used. Linda Paul - stated that 45 feet would suit their needs but not as optimally as they would like because there are three sites surrounding that are impacted, north, south and east. The 45 foot height will probably not satisfy the requirement of offloading the site. The company, however, is willing to take what the City will grant. Planning Commission Minutes October 14, 1996 Page 5 Commissioner Bone asked if the green dots on the map represented the north and south locations, and if the applicant was indicating that the site at Edinger and the Freeway is a main site. Linda Paul - indicated that this location is not a main site. The company fills in as congestion becomes severe. If the geographic area were looked at as a grid with flat terrain and no building interference, facilities could be evenly spaced throughout geographic area. Commissioner Bone - asked if the green dots on the map represent locations already existing and are they within the City of Tustin limits. Linda Paul - stated that they are existing and at least two are within Tustin and that this facility would benefit emergency services. A cellular phone will more likely work in the event of a disaster as opposed to a regular phone. L.A. Cellular belongs to California Utilities Emergency Association. L.A. Cellular coordinates with other utilities and also works with FEMA. Commissioner Bone - inquired if the sites were analog or digital. Linda Paul - capability. than analog. indicated that they are digital, but have analog Digital offers more capability for features and use Commissioner Mitzman - stated that he is concerned about the location of the cell site. He stated that the area in question will be going through tremendous change in the next few years. He stated that the apartments and Shea Homes will be visually impacted by the cell site. He inquired why the site was not located farther south or on the other side of the freeway. He stated that he believed the photo simulation is misleading because it was purposely taken next to the tree. He noted that he would like to see a picture taken from a second story window. Linda Paul - noted that a cell site's orientation near a freeway has a big impact on the capacity. The two sectors along the freeway provide effective coverage. Commissioner Mitzman - asked why the applicant could not move the site closer to Edinger. Linda Paul - stated that she did have an answer to the question. Commissioner Mitzman - asked if the cell site could be located in the Caltrans right of way. Linda Paul - stated that they could not but they are currently working with Caltrans to use their right-of-way. Commissioner Mitzman - asked if L.A. Cellular was able to use Caltrans right-of-way anywhere in the state. Linda Paul - responded negatively. Commissioner Mitzman - inquired if the property owner was present this evening. Planning Commission Minutes October 14, 1996 Page 6 Linda Paul - stated that they were not and property owners typically do not attend hearings. She stated that L.A. Cellular has performed diligently to solve their capacity situation. She requested that the Commission grant an approval for at least the 45 foot height. Commissioner Vandaveer noted on the site plan under note #7 "The fact that the ownership of said land does not include rights of access to and from the street or highway abutting said land. Such rights have been severed from said land by the documents recorded in Book 11643 Page 1236 Official Records." Lois Bobak - stated it is difficult to say what is meant by the statement without being able to look at the actual documents. The Director - stated that property may not be subdivided unless a lot has access to a public alley dedicated right-of-way or has an access easement to a publicly dedicated right-of-way. Commissioner Kozak - inquired if surrounding property owners had been notified of the location of the proposed monopole. Sara Pashalides responded that the property owners, Shea Homes, and potential buyers of the Shea Homes lots had been notified. Commissioner Kozak - asked if a call was received from Nann Lunn, property manager, Newpointe Apartments. Linda Paul - noted that the site has AT&SF access as a buffer, and that this is not an unusual separation from residential sites. Commissioner Mitzman - inquired if the facilities make noise during operation. Linda Paul - responded that there was no noise during operation except for a generator in an emergency. Some sites are identified as backbone facilities. In the event of a disaster, there is a generator on site at all times. A generator is not proposed for this site at this time. Should this be deemed a backbone site, the generator would be turned on for 30 minutes once a week. The generators are fairly quiet during operation. Commissioner Bone - inquired about items 1.7 and 1.8 of Resolution 3480 regarding the reference to five years; if the pole needed to be removed, who would be responsible. Linda Paul - responded that it would be L.A. Cellular's responsibility which would be written into the lease. If L.A. Cellular were to abandon the site, they would withdraw all equipment and restore the property. Robert Wehn 18082 Lillian Way, Tustin - indicated that this is the same type of antenna that was being proposed on Irvine Blvd., which is less than 300 feet from his home. He noted that everyone is concerned about the visual impact of the tower and he is concerned about radiation. Commissioner Mitzman - asked if Mr. Wehn had any studies or reports that he might read. Robert Wehn - responded that he did not have any studies but was speaking from personal experience. He indicated that City staff sent him a report of about 200 pages. Planning Commission Minutes October 14, 1996 Page 7 Commissioner Kozak - indicated that he shares Mr. Wehn's concerns, as do all the Commissioners. Inquired if the applicant has information available regarding radiation emission that they could provide to the Planning Commission and the City. Commissioner Bone - asked if it would be possible for staff to locate a scientific professional in the field to educate staff and the Commission in this industry. The Director - responded that staff will follow up on the Commission's request. She indicated that experts in the field generally work for a company in the industry. She indicated that a condition is added for poles that are located within a closer proximity to residential, requiring that a certified engineer conduct a test 90 days after operation to ensure levels of exposure are not exceeding acceptable standards. In the event they do not meet standards, operations must cease. Commissioner Bone - noted that the Congress of the United States passed the communications law and must have someone on staff that can address these concerns. Linda Paul - stated that the FCC removed consideration of emission levels from local jurisdiction's purviews. She indicated that she shares Mr. Wehn's concerns. She indicated that City staff will not be able to get experts in the field to speak without paying them for their time. She indicated that she would be happy to send some information to Mr. Wehn. Robert Wehn - asked that copies of information be mailed to the Planning Commission and City staff. Commissioner Vandaveer asked if the Commission should include a condition in Resolution 3480 regarding the generator noise. Lois Bobak - indicated that the applicant would not know in advance if a generator was needed for an emergency. Commissioner Vandaveer - indicated that he wished to include a condition to control hours for testing and maintenance. The Director - indicated that the applicant would not have the ability to exceed the City's noise ordinance. In the event of a problem, City staff could preclude LA Cellular from operating the generator during the evening hours. Lois Bobak - indicated that the Commission may impose a condition that requires all testing and maintenance between 8:00 a.m. and 5:00 p.m. Linda Paul indicated that this would be acceptable to the applicant. She noted that they obtain all permits through the AQMD which involves noticing surrounding residents. Commissioner Vandaveer - inquired if the Commission were to approve the design review would there be a conflict with the access issue. Lois Bobak - responded that the Commission's approval of the design review would not grant the applicant anything that, as a property owner, they do not already have the right to do. In other words, the Commission is not granting the applicant access if, based upon the title, they do not already have access to the site. Planning Commission Minutes October 14, 1996 Page 8 Commissioner Mitzman - stated that he is concerned because he thinks the visual study for the project is inadequate. He stated that he has had a number of visual impact studies done and knows how they can be manipulated. He indicated that he wanted to also see alternative locations. Commissioner Kozak indicated that he agrees with Commissioner Mitzman. He stated that he would be in favor of continuing the item. Commissioner Mitzman - stated that he would also be in favor of denial. Commissioner Pontious - indicated that she would like to continue the item as opposed to denial so the applicant will not have to pay new fees. Commissioner Vandaveer - asked how long it would take for the applicant to take new photographs. The Director - suggested that the Commission give the applicant thirty days to provide photo simulations and for staff to respond to their concerns. Commissioner Vandaveer moved, Pontious seconded to continue the item to the second meeting in November. Motion carried 5-0. REGULAR BUSINESS: 5. Desiqn Review 96-042 APPLICANT: OWNER: LOCATION: ZONING: ZOV'S BISTRO GARY KARAMARDIAN 17440 EAST SEVENTEENTH STREET TUSTIN, CA 92780 EMS DEVELOPMENT COMPANY 14081 YORBA STREET, SUITE 107 TUSTIN, CA 92780 17440 EAST SEVENTEENTH STREET PLANNED COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CONSIDERED CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO INSTALL TWO EXPOSED NEON SIGNS Recommendation That the Planning Commission adopt Resolution No. 3479 approving Design Review 96-042 authorizing the installation of two exposed neon wall signs. Presentation: Sara Pashalides, Associate Planner Commissioner Vandaveer - asked what the total square footage of signage is for this business. Sara Pashalides - responded that the business is allowed one primary sign at 75 square feet and two secondary signs each of 25 square feet in size. Commissioner Kozak - asked if there was a limitation to the hours of operation for these signs in Enderle Center. Planning Commission Minutes October 14, 1996 Page 9 Sara Pashalides - indicated that she is not aware of any restriction of hours, but typically signs are turned off at the close of business. Commissioner Kozak - referenced the jewelry store at Larwin Square with neon that is on 24-hours a day. He indicated that he felt that when the neon is on after a certain hour it gives the wrong image to the City. Commissioner Pontious - stated that businesses find it helpful to leave the signs on later in the evening, particularly during the winter months. She stated that there are no residential areas facing the proposed signage. She indicated that she does not feel the Commission needs to be overly restrictive. Commissioner Vandaveer - stated that he agrees with Commissioner Pontious since both signs face parking lots. The Director - indicated that if the Commission wished, Condition 1.6 could be added that would indicate that neon signs shall be turned off at 11:00 p.m. or at the close of business, whichever occurs later. She stated that she met with the property manager for the center and suggested that Enderle Center come forward as a group and propose a Master Sign Plan for the center so that we may address these issues centerwide versus on a piecemeal basis. Commissioner Bone - asked what the hours are for the center. He noted that there are quite a few restaurants located in the center. The Director - responded that the hours vary. Commissioner Vandaveer - asked if, in the event of a Master Sign Plan being approved, would that be retroactive or would each new sign be considered. The Director - responded it would include each new sign, but that most all of the signs in the center would most likely meet the criteria of a Master Sign Plan. Commissioner Pontious - asked if the hours of the sign being on would be dealt with under the Master Sign Plan. Lois Bobak - suggested that the Commission write the condition to state "unless otherwise provided by a Master Sign Plan." The Director - noted that staff has not received a submittal for a Master Sign Plan, therefore staff cannot impose the condition centerwide. Commissioner Vandaveer - asked what the applicant thought of that. Gary Karamardian, 17440 East Seventeenth Street, noted that Zov's Bistro is having their 10 year anniversary. Zov's started at 1,200 square feet and is now up to 6,000 square feet including two patios. He thanked the City for their help with the expansion. He stated that the problem Zov's is experiencing is with visibility at night. He stated that Zov's lights are usually turned off at 11:30 p.m. and the business closes at 10:30 p.m. He stated that he is in favor of a Master Sign Plan for the center. Commissioner Bone - noted that the applicant has a restaurant that has become very famous in the City. Planning Commission Minutes October 14, 1996 Page 10 Gary Karamardian - showed the Commission an issue of Orange Coast magazine featuring an article profiling the restaurant. Commissioner Vandaveer asked if a restriction can be imposed to turn off the signs at 11:30 p.m. The Director - answered affirmatively. Commissioner Bone - asked if all the restaurants in the center could turn off signage at the same time, regardless of closing times. The Director - stated that this could more appropriately be handled through a Master Sign Plan. Commissioner Vandaveer moved, Pontious seconded to adopt Resolution No. 3479 approving Design Review 96-042 authorizing the installation of two exposed neon wall signs, amended as follows; Exhibit A, Page 1, Add Condition 1.6 to read= "The proposed signs shall be turned off no later than 11=30 p.m. or close of business, whichever occurs later, or as otherwise provided in a Master Sign Program." Motion carried 5-0. 6. Status Reports Received and filed. STAFF CONCERNS: Report on Actions taken at the October 7, 1996 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Pontious - Congratulated Commissioner Vandaveer on a job well done on the Tiller Days Committee. Commissioner Mitzman - Inquired about accidents at the intersection of E1 Camino Real and Tustin Ranch Road. Staff indicated that the City's traffic engineer tracks the number of accidents and their locations for the City. Commissioner Kozak Commented that Tiller Days was great and congratulated Commissioner Vandaveer for a job well done. - Thanked staff for the opportunity to attend the First Annual Planning Officials forum last Thursday. Planning Commission Minutes October 14, 1996 Page 11 Referred to the Code Enforcement status report and indicated that the pictures do not depict the location he had referred to. He indicated that the area was by a small bridge and abandoned railroad right-of-way. Commissioner Vandaveer Noted that thanks should go to the other members on the Tiller Days Committee for a job well done. Indicated that another light bollard had been hit at E1 Camino Real and inquired about the time frame for the light to be repaired. Commissioner Bone Summarized the Planning Officials Forum for the other Planning Commissioners. Noted that Planning Commissioners were encouraged to become members of APA. Commissioner Bone inquired about APA. The Director indicated that it is a professional organization for planners. Dues are determined by income level. She will forward enrollment forms to the Commission. ADJO~NT: Commissioner Pontious moved, Vandaveer seconded, to adjourn the meeting at 8:56 p.m. The next regularly scheduled meeting of the Planning Commission is on October 28, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. LOU BONE Chairman KA'THY~TIN Recor~ng Secretary