HomeMy WebLinkAboutPC Minutes 08-26-96MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
AUGUST 26, 1996
CALL TO ORDER:
7:00 p.m., City Council Chambers
PLEDGE OF ALLEGIANCE
INVOCATION
- Commissioner Vandaveer
- Police Chaplain Dane Counts
ROLL CALL:
Commissioners
Present:
Lou Bone, Chairman
Dave Vandaveer, Vice Chairman
Howard Mitzman
Leslie Pontious
Steve Kozak
Staff
Present:
Elizabeth Binsack, Community Development Director
Lois Bobak, Deputy City Attorney
Daniel Fox, Senior Planner
Sara Pashalides, Associate Planner
Greg Gubman, Associate Planner
Kathy Martin, Planning Commission Recording Secretary
PUBLIC CONCERNS:
No one from the audience addressed the
Commission.
CONSENT CALENDAR:
1. Minutes of the Auqust 12, 1996 Planninq Commission Meetinq.
Commissioner Vandaveer moved, Pontious seconded to approve the
minutes of August 12, 1996. Motion carried 5-0.
Chairman Bone requested that Item #2 of the Consent Calendar be
pulled for discussion.
Chairman Bone had previously phoned the Director asking if it was
appropriate for all members of the Planning Co ...... ission to act on
the item. T~e Director explained that the tentative map process
was a discretionary approval and this action was taken on the
subject map some time ago. The final map process, currently before
the Commission, is a ministerial action. The Director stated that
the applicant had substantially complied with the conditions of the
tentative map; therefore, it would be appropriate for the
Co.;-;.ission to recommend that the City Council approve the final
map.
2. Final Tract Map 15055
OWNER/
APPLICANT:
THE IRVINE COMPANY
P.O. BOX I
NEWPORT BEACH, CA 92658-8904
ATTN: DAVID CONLEY
Planning Commission Minutes
August 26, 1996
Page 2
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
SOUTHEAST CORNER OF IRVINE BOULEVARD & TUSTINRANCH
ROAD (PARCEL 2 OF PARCEL MAP 88-315)
PLANNED COMMUNITY RESIDENTIAL- EAST TUSTIN SPECIFIC
PLAN
THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT
PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO SUBDIVIDE A 40 ACRE SITE INTO FIVE
(5) NUMBERED LOTS AND NINE (9) LETTERED LOTS TO
ACCOMMODATE FUTURE RESIDENTIAL AND PARK DEVELOPMENT
Recommendation - That the Planning Commission adopt Resolution No.
3464 recommending that the City Council approve Final Tract Map
15055.
Commissioner Pontious moved, Vandaveer seconded to adopt Resolution
No. 3564 recommending that the City Council approve Final Tract Map
15055. Motion carried 4-0. Commissioner Mitzman abstained.
PUBLIC HEARINGS:
3. Continuation of Consideration to Revoke Conditional Use Permit
94-026. Continued from Planninq Commission Meeting of Auqust
12, 1996
APPLICANT:
LAND OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
MR. ABDUL JIWA
14702 NEWPORT AVENUE
TUSTIN, CA 92680
MR. MERLE S. GLICK
1134 S ROBERTSON BLVD.
LOS ANGELES, CA 90035
14702 NEWPORT AVENUE
RETAIL COMMERCIAL (C-i) DISTRICT
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 21) PURSUANT TO THE
PROVISIONS OF SECTION 15321 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
Recommendation - That the Planning Commission terminate procedures
for revocation of Conditional Use Permit 94-026 by minute order.
Presentation: Sara Pashalides, Associate Planner
The Public Hearing opened at 7:05 p.m.
Commissioner Kozak - expressed concern that the Youth Center will
be moving next door to the convenience store. He visited the site
and observed a sign attached to a tree; trash on the grounds and
only one trash container for the laundromat and the store. He
asked if staff could monitor the location to ensure compliance with
the conditions of approval for the Conditional Use Permit.
Sara Pashalides - stated that Code Enforcement Officers drive by
the site four or five times daily and are aware of the conditions.
Commissioner Kozak - stated that his concerns have been satisfied.
Commissioner Mitzman - suggested that staff do a status report to
the Commission in 90 days to update them on the site.
Commissioner Bone
asked if the applicant wanted to address the
Commission.
Planning Commission Minutes
August 26, 1996
Page 3
The applicant declined.
Commissioner Bone - suggested that when the Youth Center opens the
applicant should introduce himself to the employees. He felt that
the applicant had knowledge of the area to contribute to the future
Youth Center employees.
The Public Hearing closed at 7:12 p.m.
Commissioner Pontious moved, Vandaveer seconded to
procedures for revocation of Conditional Use Permit
minute order. Motion carried 5-0.
terminate
94-026 by
4. Conditional Use Permit 96-022
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
CHRISTOPHER YUEN
3941 CEDRON STREET
IRVINE, CA 92714
EXECUTIVE PLAZA
4040 BARRANCA PARKWAY, SUITE 210
IRVINE, CA 92714
NEWPORT BEACH, CA 92660
14451 CHAMBERS ROAD
PLANNED COMMUNITY INDUSTRIAL - WALNUT (PC-I)
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 3, NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES) PURSUANT TO SECTION
15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO ESTABLISH ART INSTRUCTION CLASSES
Recommendation - That the Planning Commission approve Conditional
Use Permit 96-022 by adopting Resolution No. 3463.
Presentation: Sara Pashalides, Associate Planner
Commissioner Pontious - inquired what triggered the City to request
construction of sidewalks.
Sara Pashalides
Department, any
sidewalks.
- indicated
improvement
that per the City's Public Works
would require construction of
Commissioner Pontious - stated she understood that the City
accepted a letter of agreement in lieu of constructing the
sidewalks. She asked if there was a certain percentage of
buildings that triggered the sidewalk requirement.
Dan Fox - stated that the Public Works Department is looking for a
logical contiguous number of agreements before the sidewalks are
installed. Public Works is also investigating some funding
mechanisms such as special assessment districts or other funding
programs that may become available to supplement the program.
Commissioner Vandaveer - noted that on page 4, the report reads
that the project is a "church".
Sara Pashalides - stated that there is no church. That is a
typographical error. The project is an art school. The sentence
should read: ...the Planning Commission must determine whether the
proposed art instruction class will be detrimental...',
Planning Commission Minutes
August 26, 1996
Page 4
Commissioner Bone - stated he visited the site and the visitor's
parking was completely full. There were several carpool parking
and reserved parking spaces available. There is a lunch area set
up in two or three parking spaces and he felt that use of these
spaces could present a problem.
Sara Pashalides stated it was her understanding that they did not
have parking spaces designated or reserved for certain units.
Staff can add a condition to provide more parking spaces to be
available for general use. It is not a city requirement that
certain spaces be designated for carpool parking.
Commissioner Bone - expressed concern that if visitors drive into
the lot they are not going to park in the reserve or carpool spaces
so they are going to be driving around. When he went to the site
the only place he could park was in a carpool space.
Sara Pashalides - stated that based on calculations for this site,
there are excess parking spaces. She noted that there are three
parcels that are part of the one contiguous office park. She asked
Commissioner Bone the location of the lunch spot.
Commissioner Bone - stated that it was located next door. There
was a trash container and a canopy with lunch tables set up.
Sara Pashalides - staff will have Code Enforcement look at the
site.
Commissioner Bone - asked if there would be only two adults at the
art school.
Sara Pashalides - indicated that was correct.
Commissioner Bone - stated that if it was a normal office there
would be more adults than that because the kids cannot drive.
Sara Pashalides - stated that the students would not be driving.
The question is whether the person bringing the students to the
site would stay or sometimes drop off and then do errands and come
back for pick-up.
Commissioner Pontious - asked about Condition 2.1 regarding the
limit of 10 students. She inquired if the applicant might like to
increase that number on Saturdays when there would be more parking
available.
Sara Pashalides - indicated that staff can modify the condition if
the applicant is interested.
The Public Hearing opened at 7:22 p.m.
Christopher Yuen, applicant, responded that 10 students was more
than sufficient to meet their needs.
The Director stated that a sentence could be added to Condition
2.1 to read: "Additional students may be permitted on Saturdays
subject to a scheduling plan that shall be submitted for review and
approval by the Community Development Department" This would
provide the applicant with more flexibility in the future.
Commissioner Pontious - stated she felt that change was good.
Planning Commission Minutes
August 26, 1996
Page 5
Commissioner Bone - inquired how the kids would be handled due to
the parking situation and the traffic. He inquired if the children
will be stationed inside the classroom until their parents pick
them up or if they would wait in the parking lot until their
parents arrive.
Christopher Yuen, stated the process is explained to the parents
during registration. The parents are to bring the children inside
the facility when dropping them off and to pick them up. This is
for two reasons, safety and parents want to review what took place
during the class and a summary of how their children are
progressing. The students will not leave the classroom on their
own except to go to the restroom which is across the hall.
Commissioner Bone - stated that he is comfortable with that
arrangement.
The Public Hearing closed at 7:24 p.m.
Commissioner Pontious
Conditional Use Permit
amended as follows:
moved, Vandaveer seconded, to approve
96-022 by adopting Resolution No. 3463
Exhibit A, Page 2, Condition 2.1 to read: "The maximum number of
students at any one time shall be limited to a total of 10.
Additional students may be permitted on Saturdays subject to a
scheduling plan that shall be submitted for review and approval by
the Community Development Department."
Motion carried 5-0.
5. Conditional Use Permit 96-015 and Desiqn Review 96-035
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
THE PLANNING CENTER
1300 DOVE STREET, SUITE 100
NEWPORT BEACH, CA 92660
ATTN: RICK BISHOP
ERNESTO CAPONERA
9721 DELAFIELD CIRCLE
HUNTINGTON BEACH, CA 92646
18062 IRVINE BOULEVARD
RETAIL COMMERCIAL (C-I)
THIS PROJECT HAS BEEN
CATEGORICALLY EXEMPT (CLASS
PROVISIONS OF SECTION 15303
ENVIRONMENTAL QUALITY ACT.
REQUEST: AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS
COMMUNICATION FACILITY.
DETERMINED TO BE
3) PURSUANT TO THE
OF THE CALIFORNIA
Recommendation - That the Planning Commission approve Conditional
Use Permit 96-015 and Design Review 96-035 by adopting Resolution
No. 3462.
Commissioner Bone - stated that due to his financial ownership of
Pac Tel stock, he will have to abstain and turn the chair over to
vice Chair Vandaveer.
Presentation: Greg Gubman, Associate Planner
Commissioner Vandaveer - asked the height of the antenna.
Planning Commission Minutes
August 26, 1996
Page 6
Greg Gubman stated the antenna is nine feet above the top of the
roof. The antenna is approximately seven feet tall and will be
mounted on top of a post.
The Public Hearing opened at 7:28 p.m.
Robert Wehn, 18082 Lillian Way, Tustin, stated that he has had a
continuing problem with interference from cb radios in the
neighborhood. Since he lives within 400 feet of the proposed
antenna, he inquired as to how this antenna will affect his
television reception.
Steve Ross, applicant, stated there is no interference between PCS
transmissions and television signals because the transmissions are
at different wavelengths on the spectrum.
Robert Wehn asked if this was complete assurance that there would
be no interference.
Steve Ross affirmed that there would be no interference.
Donna Bernbrock, 18051 Irvine Blvd., Tustin, stated her concerns
related to the visual impact of the antenna. She stated that she
is located in the two story building across the street and believed
there would be negative visual impact.
Commissioner Vandaveer - asked if she was able to see the color
pictures of the antenna.
Donna Bernbrock stated that she had not seen the color pictures.
Commissioner Vandaveer asked Greg Gubman if he had an extra set
of pictures.
Commissioner Mitzman asked if this was a computer generated model
or if it was an artist sketch.
Steve Ross indicated that it was a computer generated model.
Commissioner Vandaveer - affirmed that this was the same process
used for the last antenna hearing.
Donna Bernbrock indicated that because it was visible above the
roof, she had a problem with the antenna.
The Public Hearing closed at 7:31 p.m.
Commissioner Kozak - asked the applicant if it was absolutely
necessary to have the antenna at the 44' height as proposed.
Steve Ross stated the height of the antenna is calculated based on
the location and height of other cell sites in the area that it is
designed to communicate with. The 44' height is the minimum height
necessary to meet the performance needs of the system. Also, the
cylinder cell that is seen in the visual simulations is a very
recent advent in cellular technology. The cylinder pictured houses
three separate antennas. This is an attempt to provide service in
a most efficient way, not only in terms of space but also
visibility.
Commissioner Kozak - asked what the reason was for choosing this
particular building for the cell site.
Planning Commission Minutes
August 26, 1996
Page 7
Bruce Khajatian, applicant, stated that several criteria are used
in site selection. For continuous coverage throughout the system
including height they need to have enough capacity.
Commissioner Mitzman - asked the applicant how the signal would be
affected if the antenna were moved back to 222 Fashion Lane so that
it would be less noticeable. He asked if all service would be
lost.
Bruce Khajatian stated that if the antenna were moved to the
building next door, there would be obstruction from the other
building thereby impairing reception. There is no way for the
antenna to go below the parapet and still have the radio signal
transmit.
Commissioner Mitzman - inquired if the integrity of the station
would be lost if it were moved to the other building, even if the
antenna was raised.
Bruce Khajatian indicated that the antenna would need to be raised
even higher to clear the other building's roof. This would create
a greater visual impact than what is proposed.
Commissioner Pontious - stated it appears that, on one drawing, the
antenna is on one end towards the middle of the roof. She asked if
the antenna could be moved away from the road to be less visible.
Bruce Khajatian stated putting the antenna in the middle of the
roof is the best location because if the antenna were moved further
north the visibility would be obstructed by the edge of the
building on the south so the antenna would need to go higher. By
placing the antenna in the middle of the roof, the height would be
reduced as much as possible.
The Public Hearing closed at 7:40 p.m.
The Director suggested that the Commission has the alternative of
continuing the hearing and requesting that the applicant construct
a mock-up of the antenna. The Commission could also invite members
of the public to view the mock-up.
The Public Hearing opened at 7:41 p.m.
Steve Ross stated that relative to a mock-up, the installation
proposed at Red Hill and Edinger was significant in magnitude
because six or more antennas were proposed to occur on top of the
building. In this case, they have reduced the number, scale, and
dimension of the antennas to provide state of the art service for
this area with minimal visual impact to the neighborhood. The
staff report shows that visually the antenna is obscured from all
directions except for the frontage along Irvine Blvd. He believes
the point was made in the staff report that given the line of sight
and height of the building and the point at which motorists and
pedestrians will be traveling on Irvine Boulevard, they would have
a difficult time seeing the antenna. The photographic simulations
superimpose the antenna on the building showing a worst case
example, which is essentially a view from across the street from an
elevation looking back at the building. He stated that before they
construct a mock-up, he would like to ask the Commission what more
information a mock-up would provide when compared to the visual
simulations they have already provided this evening. He said that
due do a fast approaching deadline, there is a sense of urgency.
The Public Hearing closed at 7:45 p.m.
Planning Commission Minutes
August 26, 1996
Page 8
Commissioner Mitzman - stated that he saw no reason to delay the
action on this item.
Commissioner Kozak - stated he agreed with Commissioner Mitzman.
He would like to know about additional sites proposed within the
City.
Steve Ross stated that his firm is currently studying three more
sites in the City of Tustin. The Commission would have the
opportunity to review and scrutinize those submittals.
The Director indicated that at the last public hearing for the
facility at Red Hill and Edinger, the Planning Center had indicated
that this was to be the last facility located within the city.
Steve Ross stated he is filling in for the Tustin expert from the
Planning Center and he is aware of the exhibit the Director
referred to. It is customary to study a variety of sites for their
potential to cover adequately a particular area. Only one or two
are actually taken through the permitting process. He does not
want to unnecessarily concern the Commission with the number of
sites being studied. He will commit to review with staff the
status of other sites in the City of Tustin and provide information
to bring back to the Commission.
Donna Bernbrock stated that she did not understand the engineer's
reason for not relocating the antenna behind the trees. In the
staff report it was stated that the antenna would be hidden by
trees. If the antenna is the same height, she wanted to know what
the difference would be if the antenna was placed behind the palm
trees.
Commissioner Pontious - inquired if in lieu of putting the antenna
behind the trees, could the applicant plant palm trees in the
planter below.
Bruce Khajatian stated that the problem with putting the antenna
behind trees would be obstruction. They would lose as much as 10
times the power because the leaves absorb power. It is unlikely
that they can do this because the power cannot be increased because
the FCC only allows 35 watts of power. If the antenna were
installed behind trees, there would be a loss of coverage.
Commissioner Kozak - indicated that he would not like to hold up
the project, since the applicant has complied with the City's
ordinance and the staff report is favorable. He asked that when
additional site requests are submitted, that the applicants provide
the City with full information about where upcoming sites are to be
located.
Lois Bobak, Deputy City Attorney, indicated that while considering
future sites may be a good policy, there may be legal implications.
In effect, the City would be evaluating a particular application on
whether or not a hypothetical application might be filed in the
future. Each individual application must be judged on its own
merit.
The Public Hearing closed at 7:52
Commission Pontious - stated that she understands the concerns
represented by the adjacent property owners, however, she
understands the time constraints the applicant is under and the
technological necessity of the improvements, therefore, supports
staff on this issue.
Planning Commission Minutes
August 26, 1996
Page 9
Commissioner Pontious moved, Mitzman seconded, to approve
Conditional Use Permit 96-015 and Design Review 96-035 by adopting
Resolution No. 3462 as submitted. Motion carried 4-0.
Commissioner Bone abstained.
The Director stated that there is a seven day appeal period of the
Planning Commission's decision. An appeal and fee would need to be
submitted to the Community Development Department within that time.
REGULAR BUSINESS:
6. Status Reports
Presentation: Dan Fox, Senior Planner
Recommendation -Receive and file.
Commissioner Mitzman - noticed that some items on the status
reports were several years old and asked at what point these items
can be removed?
Dan Fox - stated that the items are not removed until applicants
withdraw their applications. In some instances, applicants are
contacted and they have told staff that they are still working on
their submittal. He stated applicants are called approximately
every six months regarding old applications.
Commissioner Mitzman - noted the item he was specifically referring
to was Conditional Use Permit 93-026.
Commissioner Bone - asked if there is a time limit on applications.
Dan Fox stated that typically there is not. If staff does not hear
from an applicant within 6 months, an inquiry is made. There is no
code section that would allow the application to expire. However,
once a project is approved, there is an expiration on obtaining
permits.
The Director - stated that is correct, but if circumstances change
such as code changes or there are environmental setting changes and
an application has been deemed incomplete, the individual does not
have the ability to continue a development project under what was
applicable when they originally applied. If code modifications
were made, the applicant would be informed.
Commissioner Vandaveer moved, Pontious seconded, to receive and
file. Motion carried 5-0.
7. Federal Antenna Regulations
Recommendation - That the Planning Commission receive and file this
report.
Presentation: Elizabeth Binsack, Director of Community Development
Commissioner Bone - asked if the City has control over the visual
impacts and placement of antennaes.
Lois Bobak stated that the City can apply reasonable standards
unless these restrictions interfere with reception.
Commissioner Bone - asked if some type of covering for these
antennas is prohibited.
Planning Commission Minutes
August 26, 1996
Page 10
Lois Bobak stated that if an applicant can establish that a
transmission receptor or antenna is viable only in one location and
it happens to be in a location where it disrupts public views, the
installation would have to be allowed.
Commissioner Bone - stated that he has a problem with several
antennas being constructed within the City.
Lois Bobak noted that the League of California Cities and the
National League lobbied very hard to protect cities' rights but
they were unsuccessful.
Commissioner Bone - noted that the new satellite dishes are working
very well. He was in Switzerland last year and everyone had them
and they do not have a negative visible impact.
Commissioner Pontious - stated that she believes technology will
help with that dilemma.
Commissioner Vandaveer moved, Kozak seconded to receive and file
the report. Motion carried 5-0.
STAFF CONCERNS:
Report on Actions taken at the Auqust 19, 1996 City Council
Meetinq.
There were no related Community Development reports on the
Council agenda.
COMMISSION CONCERNS:
Commissioner Mitzman
Inquired about the potential of changing the on-site
hearing notices.
The Director indicated that staff had ordered 11" x 17"
cardstock quality paper to post the notices. Staff will bring
a sample to the September 9, 1996 Commission meeting for
review.
Noted that he visited The Orchards development and found
it very impressive. He urged the Commissioners to also
visit the project.
Asked if staff could update the Homeowners Association
list for the City.
Commissioner Kozak
Inquired about the status of the Commissioner's forum.
The Director confirmed that everything was in place for the
forum and a flyer would be available this week.
Commissioner Vandaveer
- Asked about the tarp on the signage at the bank at
Newport Avenue and First Street.
Planning Commission Minutes
August 26, 1996
Page 11
The Commission came to the conclusion that the bank was
changing their name.
Inquired about the Sign Code and how it addresses signage
in a foreign language at businesses.
Staff indicated that the Sign Code does not prohibit the use
of signage in foreign language unless it is illegal or
advertising an illegal activity or another business. The City
Attorney noted that emergency personnel must be able to
identify the respective property location.
Commissioner Bone
Informed staff of his concern about the numerous snipe
signs throughout the city.
Staff indicated that Code Enforcement Officers have been
removing the signage and will be citing.
Inquired if the ficus trees in Old Town could be sprayed
for insects every June.
The Director stated that she would ask the Public Works
Director if this could be done.
AD JOURlqM~NT:
Co~missioner Vandaveer moved, Pontious seconded to adjourn the
meeting at 8:15 p.m. Motion carried 5-0.
The next regularly scheduled meeting of the Planning Commission is
on September 9, 1996 beginning at 7:00 p.m., City Council Chambers,
300 Centennial Way, Tustin.
Chairman
KATHYoQ~ARTIN
Recording Secretary