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HomeMy WebLinkAbout01 PC Minutes 9-23-02ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 23, 2002 7:02 p.m. Given All present Staff present None Approved Adopted Resolution Nos. 3843 and 3844 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Karen Peterson, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - SEPTEMBER 9, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Denny, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: . CODE AMENDMENT 02-005 (WIRELESS COMMUNICATION FACILITIES) TO MODIFY THE DEFINITION OF A "MINOR WIRELESS COMMUNICATION FACILITY" TO INCLUDE STEALTH ANTENNA(S) THAT ARE BUILDING OR ROOF MOUNTED ON AN EXISTING STRUCTURE WHICH DO NOT EXTEND BEYOND THE HEIGHT OF THE EXISTING STRUCTURE ON WHICH THE FACILITY IS LOCATED, ADD A DEFINITION FOR A "STEALTH" FACILITY, AND AMEND SECTION 9276(i) TO CLARIFY THAT THE HEIGHT OF A MAJOR WIRELESS COMMUNICATION FACILITY MAY NOT BE MORE THAN TEN (10) FEET ABOVE THE MAXIMUM HEIGHT PERMITTED IN THE Action Agenda - Planning Commission September 23, 2002 - Page 1 7:05 p.m. Willkom Director Kozak Denny Willkom Denny Willkom ZONING DISTRICT IN WHICH THE FACILITY IS LOCATED. RECOMMENDATION: . That the Planning Commission adopt Resolution No. 3843 recommending that the City Council adopt the Negative Declaration as adequate for Code Amendment No. 02-005; and, That the Planning Commission adopt Resolution No. 3844 recommending that the City Council adopt Code Amendment No. 02-005 to amend S.ections 9276b and 9276i of the Tustin City Code. The Public Hearing opened. Presented the staff report. Added there were several issues of concern with industry representatives regarding the comprehensive wireless communications Ordinance when it was originally adopted; in general, wireless facilities such as monopoles have been viewed negatively especially due to the 65-foot height requirement; there are other poles, such as light standards and other necessary facilities, on which wireless facilities can be mounted and remain unobtrusive; the industry is now working cooperatively with the City toward more stealth facilities; staff would like to facilitate applicants' ability to do so. Indicated his agreement with the Director's comments; and, noted this amendment will communicate the City's preference for these types of stealth facilities and provide incentive for applicants to use these kinds of facilities and receive the benefit of an accelerated staff level review. Asked if these facilities will come before the Planning Commission only when proposed in residential zones. Stated that major wireless facilities will require a Conditional Use Permit and a public hearing, including properties that are zoned residentially but not developed as a residential property. Asked for clarification regarding minor wireless facilities. Answered that minor wireless facilities when not located in a residentially zoned district do not require a public hearing but will go through the design review process. Action Agenda - Planning Commission September 23, 2002 - Page 2 Denny Director Peterson Director Kozak Willkom Kozak Willkom Kozak Willkom 7:17 p.m. Asked if adding the definition of a stealth facility will speed the process and/or more fully clarify the definition of a minor facility. Stated the definition will clarify and expedite the process, because staff will perform the design review at the staff level; such approval would be appealable to the Planning Commission if an applicant or other individuals wished to do so. Added the definition adds flexibility such as allowing stealth antennas on facilities that would exceed the height limit in certain districts. Noted that, when staff receives a design review application, staff works with the applicant; if staff feels the application can be supported, that would be done at the staff level; if an individual submits a design review which staff cannot support, staff would defer that application to the Planning Commission. Offered further clarification that sites within residentially zoned districts would be brought before the Planning Commission; and, asked what effects this amendment would have on the ground- mounted equipment, switching gear, cabling, etc., or if this will be addressed in a separate section of the wireless communications code. Asked if Chairman Kozak was referring to the accessory equipment. Stated his reference was to the small building that houses the switching equipment; referred to other applications where the pole- or building-mounted antennas were fine but variances were required for the ground-mounted building. Indicated the criteria for locating power supply cabinets or accessory equipment related to the antennas are included in the existing regulations; through the design review process, staff would look at the location to be sure the criteria is met regarding screening, color, landscaping, etc. Asked if this Code Amendment is adding types of antennas that will also be analyzed and another Code section deals with the accessory power supply cabinets. Responded in the affirmative. The Public Hearing closed. Action Agenda - Planning Commission September 23, 2002 - Page 3 Hamilton Asked what prevents a carrier from coming before the Planning Commission and asking to go 10 feet above a telephone pole that would be visible; and, asked if other sections prohibit such a request. Director Responded such a request would constitute a major facility and would require a Conditional Use Permit and Public Hearing before the Planning Commission. Hamilton Asked why the 10-foot requirement is included. Peterson Stated the first reference to 10 feet is under the definition of a minor wireless facility which already exists in the Code; staff felt that anything less than 10 feet above the top of the structure could be construed as a minor facility if properly screened; the other section is under the height standard for the major wireless facility where the 10 feet relates to allowing major wireless facilities that are no more than 10 feet above the maximum height allowed in the district. It was moved by Denny, seconded by Jennings, to adopt Resolution Nos. 3843 and 3844. Motion carried 5-0. Director Noted that staff will inform the Planning Commission when design reviews are approved at the staff level. Adopted Resolution No. 3845 , CONDITIONAL USE PERMIT 02-017 AND DESIGN REVIEW 02-017 FOR AUTHORIZATION TO ESTABLISH A WIRELESS FACILITY ON AN EXISTING UTILITY POLE AND OUTDOOR EQUIPMENT FOR VERIZON WIRELESS AT THE EXISTING SOUTHERN CALIFORNIA EDISON SUBSTATION. THIS PROJECT IS LOCATED AT 2031 BRYAN AVENUE IN THE RESIDENTIAL AGRICULTURAL (RA)ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3845 approving Conditional Use Permit 02-017 and Design Review 02-017. 7:22 p.m. The Public Hearing opened. Holland Indicated Commissioner Hamilton advised him before the meeting that Commissioner Hamilton owns property within 500 feet of the subject site; and, while he does not believe this application will have any financial effect on his property, to avoid any appearance of a conflict, he chose not to participate in this matter. Action Agenda - Planning Commission September 23, 2002 - Page 4 Hamilton Stepped down from the dais. Willkom John Koos, Verizon Wireless representative Nielsen Mr. Koos Nielsen Mr. Koos Nielsen Mr. Koos Nielsen Mr. Koos Kozak Mr. Koos Director Presented the staff report, pointing out the approval of the Conditional Use Permit would not become effective until the Code Amendment is approved by the City Council, and no permit could be issued until the Ordinance becomes effective; Condition 1.8 was included to ensure that if the property is developed with a residential use, the wireless facility must be removed; a condition was included to ensure the applicant will comply with the Federal Communications Commission (FCC) guidelines related to the radio frequency. Stated the area involved is unique, serving only residential uses; and, added he was available to answer any questions the Commission might have. Asked if site will provide coverage to the entire City. Answered this facility will be filling specific holes (called capacity sites) which the current network does not serve. Asked what wattage output is expected. Responded the wattage will be about 100 watts; the electro- magnetic emissions will be about one percent of what the FCC allows; Southern California Edison relocated the driveway from Browning to Bryan to allow the cabinet rack to be hidden from view. Suggested this will provide better service to the residents in that area. Indicated this type of coverage is driven by customer complaints. Asked for the anticipated timeframe for completing construction once the Ordinance is in place. Stated the goal is to be on-air by December 31,2002. Asked for information regarding Verizon's plans for additional capacity sites in other parts of the City. Stated there are no current projects planned; long-range planning is not realistic for these facilities. Added that no controversy is anticipated regarding City Council's approval of the recommendation; if everything is acceptable with the building plans, this project can proceed the day after the adoption of the Ordinance. Action Agenda - Planning Commission September 23, 2002 - Page 5 7:33 p.m. The Public Hearing closed. Jennings Asked staff for clarification regarding the requirement for replacing the chain-link gates with wrought iron gates. Willkom Stated that all chain-link fencing and gates will be replaced with wrought iron. Denny Asked why this applicant is being asked to replace the property owner's gate. Willkom Noted the applicant is in agreement with this condition, because the wrought iron is more aesthetically pleasing. Denny Stated he does not understand why the applicant is making this improvement rather than the property owner. Director Indicated staff is requiring this applicant to make the change as a condition of approval'of this project. Denny stated his concern regarding staff's requiring a lessee to make property improvements to someone else's property. Director Noted many projects have similar requirements, such as requiring a driveway in a certain location or a buffer wall or landscape screening. Kozak Added that such a requirement provides a public benefit with a private benefit. Holland Indicated this is the sort of improvement necessary to the property to allow this particular use to commence; it is up to the tenant and property owner to decide whether or not these are improvements they want to make; and, if so, who is going to be responsible. Director Stated that authorization from the property owner is required; when the facility at the Sports Park was approved, Cox was required to build a wrought iron fence with landscape screening; as a property owner, the City of Tustin would not otherwise have allowed the project to proceed. Denny Restated his feeling that the City should not force a property owner to replace an existing fence. It was moved by Jennings, seconded by Nielsen, to adopt Resolution No. 3845. Motion carried 4-0; Hamilton not present. Action Agenda - Planning Commission September 23, 2002 - Page 6 Hamilton Returned to the dais. None Director reported Jennings Director Nielsen Denny Jennings REGULAR BUSINESS: STAFF CONCERNS: o REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 16, 2002, CITY COUNCIL MEETING. Presentation: Elizabeth A. Binsack, Community Development Director Staff recommended continuance of the Housing Element to ensure that it is consistent with the agreement with the Santa Ana Unified School District. A lot line adjustment was approved to accommodate the Ethan Allen project; construction will be underway soon. The City Council provided direction for staff to move forward with the selection of a master developer for a majority of MCAS-Tustin; that process is underway; a special meeting was conducted at 5:00 p.m. today to authorize the City Manager to proceed with fulfilling the terms of the agreement with the Santa Ana Unified School District. The Planning Officials Forum flyer has not yet arrived; information will be provided to the Commissioners as soon as it is received. Asked if the date is known. Indicated the tentative date is the second week of November; and, added the date will be e-mailed as soon as it is firm. COMMISSION CONCERNS: None Thanked staff for the Code Amendment which helps simplify the process. Stated he looks forward to seeing everyone at Tiller Days. Indicated she was planning to report graffiti on the light standard and utilities box across the street from her home, but the graffiti is gone. Action Agenda - Planning Commission September 23, 2002 - Page 7 Jennings continued Hamilton Kozak Director Kozak Director 8:00 p.m. Stated she is interested in the issues associated with disabled parking spaces that have been going on in Irvine; and, asked if the City of Tustin has any interest in going after people who are misusing disabled parking spaces. Stated he is looking forward to seeing everyone at Tiller Days. Noted that Chrysler-Jeep of Santa Ana is moving to the Tustin Auto Mall which will be exciting for the City. Added that he read Let's Roll, the book written by Todd Beamer's widow; and, recommended everyone read this book. Thanked staff for the Code Amendment for the wireless communication facility regulations; this will be an incentive to develop stealth facilities and other unobtrusive facilities in the City. Stated he is looking forward to Tiller Days coming up October 4 and 5. Indicated there is a recreational vehicle on jacks, its front wheels off, on First Street by El Camino Real between the old hardware store and the auto parts store; suggested that vehicles under repair cannot be kept in the open on jack stands. Asked for the exact location of the vehicle. Answered that the vehicle is behind the fence on private property but is clearly visible to the public right-of-way; indicated this location has been a bone of contention for many; and, stated his belief that no vehicles under repair can be stored there. Stated there is a Conditional Use Permit on that property which is specific concerning what can be located there; and, indicated Code Enforcement will follow up. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, October 14, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda - Planning Commission September 23, 2002 - Page 8