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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