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HomeMy WebLinkAboutPC Minutes 12-14-10MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 14, 2010 7:04 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Kasalek Sworn in by 1. SEATING OF COMMISSIONER MOORE. Mayor Amante Kozak, Chair 2. PLANNING COMMISSION REORGANIZATION: Thompson, RECOMMENDATION: Chair Pro Tem That the Planning Commission follow the procedures contained in the staff report to elect a Chairperson and Chairperson Pro Tem. It was moved by Thompson, seconded by Puckett, to select Commissioner Kozak as Chairperson. Motion carried 5-0. It was moved by Puckett, seconded by Kasalek, to select Commissioner Thompson as Chairperson Pro Tem. Motion carried 5-0. ROLL CALL: Present: Chair Kozak Chair Pro Tem Thompson Commissioners Kasalek, Moore, Puckett Staff present Elizabeth A. Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Doug Holland, City Attorney Henry Huang, Building Official Dennis McCreary, Principal Engineer Doug Anderson, Transportation/Development Services Manager John Buchanan, RDA Program Manager Sesar MorFin, Management Analyst Captain Steve Lewis, Tustin Police Department Officer Jeff Singleton, Tustin Police Department Officer Jeremy Laurich, Tustin Police Department Minutes -Planning Commission December 14, 2010 -Page 1 Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS New City Manager David C. Biggs introduced himself; noted his efforts to become acquainted with the City, the staff, and Tustin residents; and, wished everyone Happy Holidays. CONSENT CALENDAR Approved 3. APPROVAL OF MINUTES - NOVEMBER 9, 2010, PLANNING COMMISSION MEETING. Approved 4. 2010 CERTIFIED LOCAL GOVERNMENT ANNUAL REPORT The Annual Report summarizes the City's historic preservation efforts and describes how the City met all of the minimum requirements of the Certified Local Government program during the 2009/2010 report period. RECOMMENDATION: That the Planning Commission direct staff to forward the Annual Report to the State Office of Historic Preservation. PUBLIC HEARINGS Approved 5. CONTINUED APPEAL OF NOTICE AND ORDER AT 520 Resolution Nos. PACIFIC STREET (Appellant: Bret Fairbanks) 4161 and 4162, as modified On October 26, 2010, the Planning Commission/Board of Appeals considered the appeal of the Notice and Order at 520 Pacific Street. At the conclusion of the meeting, the Commission/Board continued the item and directed staff to meet with the appellant to discuss possible alternatives. Following the meeting, staff met with the appellant to identify how the structures could be constructed and occupied in a safe and conforming manner. However, these correction measures were not acceptable to the appellant. Minutes -Planning Commission December 14, 2010 -Page 2 On November 9, 2010, the Planning Commission/Board of Appeals considered the continued appeal of the Notice and Order then directed staff to prepare resolutions with supporting documents and findings to determine that the use can be considered as nonconforming and also directed the appellant to schedule an inspection to determine and subsequently comply with applicable building codes. The resolutions (Resolution Nos. 4161 and 4162) are attached hereto in Attachment A and Attachment B. RECOMMENDATION That the Planning Commission (acting in its capacity as the Board of Appeals per TCC Section 8101 and acting as the appeal hearing body Per TCC Section 9242) adopt Resolution No. 4161 affirming the Notice and Order for Building Code violations and adopt Resolution No. 4162 (as revised) affirming nonconforming status of certain buildings, structures, and uses at the property at 520 Pacific Street. Chair Pro Tem Thompson recused himself due to the fact that he and his family live just under 500 feet from the subject property; he left the dais. Thomas Presented the staff report The Public Hearing opened at 7:23 p.m. Staff answered Planning Commission questions. Bret Fairbanks, Appellant, spoke from a prepared statement, which was provided to staff and the Planning Commissioners before the meeting was called to order. Discussion of Resolution No. 4162 ensued. It was the consensus of the Planning Commission that Condition 1.3.(c) and (d) should be deleted; Conditions 1.4, 1.5, and 1.6 should be deleted; Condition 2.1 should be deleted; that the approval should be for a nonconforming rental unit; the deed restriction eliminated; and, language in the Declaration be modified as suggested by the City Attorney to read as follows: "I declare that I have done nothing to construct, enlarge, alter, Minutes -Planning Commission December 14, 2010 -Page 3 repair, move, demolish, or change the occupancy of any of the nonconforming buildings or structures in violation of the provisions of the above-reference Tustin City Code." It was moved by Puckett, seconded by Kasalek, to approve Resolution No. 4162, as modified. Motion carried 4-0. Discussion ensued regarding Resolution No. 4161. It was recommended by the City Attorney that the following modifications be made to Resolution No. 4161: Page 3, Item No. II: "The Planning Commission acting in its capacity of the Board of Appeals pursuant to Section 112 of the Building Code as adopted by the City of Tustin hereby modifies the Notice and Order for the property at 520 Pacific Street which provides written notice of the existence of a public nuisance"; and, delete the rest of the sentence. Item II, Paragraph A, should read as follows: "The properly owners are hereby ordered to comply with the requirements of the Notice and Order identified in the staff report dated October 26, 2010, and attached hereto as Exhibit B, to the extent such corrections reasonably determined by the Building Office to be necessary or appropriate to ensure that the health and safety of the occupants of the nonconforming buildings are adequately protected and preserved." The Public Hearing closed at 8:47 p.m. It was moved by Puckett, seconded by Kasalek, to approve Resolution No. 4161, as modified. Motion carried 4-0. Chairperson Kozak called a brief recess. The meeting reconvened at 8:58 p.m. Chair Pro Tem Thompson returned to the dais. Continued to 6. DESIGN REVIEW 09-033, A REQUEST TO INSTALL January 25, 2011, AND OPERATE A WIRELESS TELECOMMUNICATIONS meeting FACILITY CONSISTING OF A SIXTY-FIVE (65) FOOT TALL MONO-CEDAR FAUX TREE AND ASSOCIATED EQUIPMENT AND CO-LOCATION OF A FUTURE FACILITY LOCATED WITHIN CEDAR GROVE PARK. Minutes -Planning Commission December 14, 2010 -Page 4 THIS PROJECT IS LOCATED AT 11385 PIONEER ROAD IN THE PLANNED COMMUNITY RESIDENTIAL (PCR), a EAST TUSTIN SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4163 approving Design Review 09-033. Swiontek Presented the staff report. Planning Commission and staff discussion ensued. Since the applicant had asked for a continuance, the Chair asked if there were people in attendance who would not be able to attend the January 25, 2011, meeting and wished to give testimony this evening. The Public hearing opened at 9:26 p.m. The following spoke in favor of the project: Cathy Bardenstein. The following individuals spoke in opposition to the project: Jennifer Wierks Brandon Key Sharon Komorous David Bessen Margaret Choe Tracy Powell David Pifel. The following indicated that he was undecided: Paul Martin. Pete Shubin, representing T-Mobile, indicated that the applicant was attempting to arrange a meeting at the Tustin Public Library in order for the applicant to further explain T-Mobile's position to interested residents. The Public Hearing closed at 10:09 p.m. The Planning Commission requested that the following concerns be addressed in the next staff report: The following are issues that members of the Planning Commission and/or the public raised at the December 14, 2010, Planning Commission Meeting. The Commission requested Minutes -Planning Commission December 14, 2010 -Page 5 that these items be addressed when the hearing item is placed on the January 25, 2011, agenda. 1. Health Concerns • Elaborate on studies done by the World Health Organization and American Cancer Society • Provide more context, clarification, and background • Is it possible to limit the antennas' emissions 2. Alternate Locations • Clarify the need for the facility at the proposed location • Provide clearer maps on signal strength as well as simplified maps • Can the OCFA site be utilized instead and only this facility be used • Provide comments/input from OCFA • Provide more analysis on alternate locations, explore other locations within the park • How was the site selected and how was the site determined to be the best location • Explore the alternative use of micro-sites/micro-antenna networks • Provide an independent, third-party analysis of the OCFA site to determine its viability 3. Potential Hazards • Does the proposed facility pose a fire danger or an increased risk • Is the school gate ever open, before or after school • Elaborate on safety concerns, could the tower fall over 4. Architectural/Aesthetic Impacts • How will the project affect the historical significance of the park • What design modifications would be necessary to accommodate six wireless carriers and assess the long term impact to the park of those modifications • Clarify the tower height in relation to existing trees and identify the minimum height necessary for coverage • Is there a maximum co-location potential at this site or is it open-ended • Put up stakes on project site (story poles) to represent the project location in the field • Provide photos and locations of existing mono-cedars similar to the one being proposed • The facility would intrude on the Redwood/Cedar Grove Minutes -Planning Commission December 14, 2010 -Page 6 5. Impact to the Park • How is the project site currently used and how would it be impacted by the potential facility • How close to the cement path would the facility be • The facility would commercialize the park • It was noted that the proposal would not be consistent with the General Plan 6. Public Outreach • What has been done and what are the results • Summarize the 01/06/11 meeting between T-Mobile and the public • Allow T-Mobile to conduct community outreach with residents to help them understand T-Mobile's system and why Cedar Grove Park is their only option • T-Mobile has failed to communicate the project to the public, provide more public outreach 7. Property Values • Provide more information on the potential effect on property values 8. What are other cities/communities doing with these facilities Chair Pro Tem Thompson suggested that the item be continued to the January 25, 2011, Planning Commission meeting. It was moved by Thompson, seconded by Kasalek, to continue the item to that date. Motion carried 5-0. Adopted 7. AMENDMENT TO TENTATIVE TRACT MAP 17144, A Resolution No. SUBDIVISION OF A 131-ACRE SITE INTO 12 4164 NUMBERED LOTS AND 28 LETTERED LOTS FOR CONVEYANCE PURPOSES. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4164 recommending that the City Council approve an amendment to Tentative Tract Map 17144 to subdivide a 131-acre site into 12 numbered lots and 28 lettered lots for conveyance purposes only. Willkom Presented the staff report. Staff answered questions from the Planning Commission. The Public Hearing opened and closed at 10:23 p.m. Minutes -Planning Commission December 14, 2010 -Page 7 It was moved by Puckett, seconded by Thompson, to approve Resolution No. 4164. Motion carried 5-0. None REGULAR BUSINESS 8. STAFF CONCERNS: REPORT OF ACTIONS TAKEN AT THE NOVEMBER 6 and DECEMBER 7, 2010, CITY COUNCIL MEETINGS. The Director stated that at the November 16 meeting the City Council appealed and overturned the Planning Commission's approval of Use Determination 10-003 regarding hydroponics and indoor gardening. The Director reported that at the December 7 meeting the City Council held the second reading of the Construction Code which becomes effective in January 2011. COMMISSION CONCERNS Kasalek Welcomed Commissioner Moore; • Indicated she enjoyed the Thanksgiving Prayer Breakfast; • Offered congratulations to new City Council members Beckie Gomez-McKeon and AI Murray; • Congratulated Jerry Amante who was selected Mayor and John Nielsen, Mayor Pro Tem; • Thanked Doug Davert and Jim Palmer for their years of service; • Congratulated Lindburgh McPherson and Michael Demoratz on the 130th birthday of Wilcox Manor; • Noted the Christmas Tree Lighting event was wonderful; Director Dave Wilson and Marilyn Esposito are to be commended for their enthusiasm; • Congratulated the Tustin High School football team for a great season and making it to the CIF championship game; • Offered kudos to the Tustin Police Department for all their great work; • Wished everyone Happy Holidays. Moore Noted that he appreciates the opportunity to serve on the Planning Commission and also the warm welcome he received; • Indicated he also enjoyed the Mayor's Prayer Breakfast and j the Tree Lighting Ceremony. I Minutes -Planning Commission December 14, 2010 -Page 8 Puckett Welcomed Commissioner Moore; • Congratulations to AI Murray and Beckie Gomez-McKeon; to Mayor Amante and Mayor Pro Tem Nielsen; and, to Chair Kozak and Chair Pro Tem Thompson; • Thanked Doug Davert and Jim Palmer; • Congratulated both Tustin High School and Beckman High School for reaching their respective CIF football championship games; • Stated he attended the Mayor's Prayer Breakfast-the Tustin Community Foundation raised funds for good causes at the Prayer Breakfast; also attended the birthday celebration at Wilcox Manor, and the Tree Lighting Ceremony; • Thanked the Tustin Police Department for supporting the Santa Sleigh, which is a wonderful experience for Tustin's youngsters and for the folks who ride in the sleigh; • Noted that it appears that Tustin Ranch Road extension will finally be started in 2011; thanks, Public Works, for that project; • Congratulated Commissioner Kasalek for receiving a holiday decoration Tustin Pride Award; • Wished everyone Merry Christmas. Thompson Echoed the above congratulations to the new City Council members; • Stated he attended the following events: on November 12, the Tustin Area Republican Women Federated Group; on November 16, the OCTA Citizens Advisory Committee meeting; on November 17, the Third District OCTA Leadership Forum, hosted by Mayors Jerry Amante and Carolyn Caveche; on November 18, the Mayor's Prayer Breakfast; on December 8, the Transit System Round Table; on December 9, the Christmas Tree Lighting; • Congratulated the OCTA for opening the SR 91 project-the first American Recovery and Reinvestment Act project in the County; • Shared a brochure related to climate change and again requested that staff put together a workshop providing updates to the Building Code, Historical Building Code, and current policy philosophy regarding SB 375; • Wished everyone Happy Holidays. Kozak Noted he attended the December 7 City Council meeting; • Added his congratulations to all those mentioned above; • Thanked his colleagues for selecting him as Chairperson; Minutes -Planning Commission December 14, 2010 -Page 9 Kozak continued Noted the Christmas Tree Lighting and other festivities were marvelous; • Referred to the City being chosen to receive a 2010 B.E.S.T. APWA Project of the Year Award for the Tustin Public Library project; this ceremony took place on December 9; • Offered holiday best wishes. 10:40 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, January 11, 2011, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ~_._... teve Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission December 14, 2010 -Page 10