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Home My WebLink AboutPC MIN 02-11-14MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 11, 2014 7:00 p.m. CALL TO ORDER Given INVOCATION /PLEDGE OF ALLEGIANCE: Commissioner Smith ROLL CALL: Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard, Smith Staff Present Elizabeth A. Binsack, Director of Community Development Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Adrianne DiLeva- Johnson, Senior Management Assistant Vera Tiscareno, Executive Secretary None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1. APPROVAL OF MINUTES — JANUARY 28, 2014 PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the January 28, 2014 meeting as provided. Motion: Approved the January 28, 2014 minutes as amended. It was moved by Thompson, seconded by Altowaiji. Motion carried 5 -0. None PUBLIC HEARINGS: REGULAR BUSINESS: Received & filed. 2. TUSTIN'S DOWNTOWN COMMERCIAL CORE PLAN On February 4, 2014, the City Council approved an authorization for City staff to advertise an RFP for consultant services to prepare Tustin's Downtown Commercial Core Plan (the Plan). Minutes— Planning Commission February 11, 2014 — Page 1 of 5 The vision for the development of the Plan is to promote Downtown Tustin as the historic, economic, and cultural heart of the City in such a way that enhances a strong business climate. The Plan would ensure implementation of coordinated development in the area and enhance customer visitation to the commercial corridors of Old Town, First Street, and the freeway interface. By adopting an effective plan, private- sector reinvestment could be encouraged to develop, redevelop and maintain a vibrant downtown commercial core. City staff will provide an overview of the Plan and the RFP. RECOMMENDATION: That the Planning Commission receive and file. Commissioners Thompson and Altowaiji recused themselves from the dais due to conflict of interest. Stonich Provided a presentation of the item. Commissions' comments /questions /suggestions generally included: Wi -Fi Internet connectivity; asked if the area is undeveloped zoned multi - family housing or commercial only; asked if staff had consultants in mind or would it be a public advertising process; would like to see the Consultant chosen to help staff with ideas; very comprehensive scope of work; gateways to the area not referenced; transportation; linkages; land uses; water efficient landscaping; commercial property on east side of Newport Ave.; public art; underpass at the 5 Freeway; ULI study; suggested a compilation of references (by index) be provided to the Consultant and to be used for future reference; idea of reciprocal parking easements between properties; pedestrian /transit use; turnout for buses along First Street; time table; and financial plans. Staffs responses to Commission's questions /comments generally included: a residential component/use would likely be included; public outreach to the community; preliminary list of consultants; professional list provided by American Planning Association (APA); asked the Commission what the possibilities would be if expansion were to occur within these areas (i.e. mixed -use, more density, pedestrian opportunities, overlay zone); mapping of the area was expanded due to people having a hard time locating the area; asked if the core area was a good area (should it be reduced, enlarged, different core area); modifications will be made to the RFP; landscaping /turnouts to be brought to the Commission once Staff develops a plan; time table and financial plans will be included; and RFP's due date will be in April. Minutes— Planning Commission February 11, 2014 — Page 2 of 5 Motion: It was moved by Kozak, seconded by Smith to receive and file the item. Motion carried 3 -0 -2. Commissioners Thompson and Altowaiji were recused from the vote. Adopted 3. RESOLUTION OF DENIAL FOR DESIGN REVIEW 2013 -12 Resolution No. 4254. AT &T California is proposing to install up to 25 aboveground utility cabinets in or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service. AT &T U -verse is a subscription entertainment and communication program that integrates phone, internet, and television services. The Planning Commission considered Design Review 2013 -12 at their meeting of November 12, 2013, and continued the item to January 28, 2014, to provide the applicant the opportunity to fully address items of Commission concern, including: providing art/screening on the cabinets, the proposal's violation of the fundamental intent of Ordinance No. 1232 and the Design Guidelines, the lack of desire or ability to co- locate U -Verse and SAI cabinets, AT &T's inability to demonstrate the feasibility of undergrounding the cabinets at each location, noise levels from the existing cabinets and the potential impact of additional cabinets on quality of life, the effect of additional cabinets within the community on the character of the community, safety concerns related to impeding disabled access in rights -of -way and sidewalks, and the need for a schedule of maintenance. In response, AT &T submitted a brief letter indicating that AT &T is not willing to allow art on any of its cabinets, nor place the cabinets underground. AT &T did not address all of the Commission's concerns, and requested that the Commission only consider some of the proposed locations. Further, AT &T is not willing to co- locate their cabinets. At the continued public hearing on January 28, 2014, the Commission, by a 3 -2 vote (with Commissioners Kozak, Altowaiji, and Lumbard approving; and Commissioners Thompson and Smith dissenting), directed staff to prepare a resolution of denial with associated findings. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4254, denying Design Review 2013 -12, a request to install and operate 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate Lightspeed equipment for U -Verse service. Minutes— Planning Commission February 11, 2014 — Page 3 of 5 Reekstin Provided a presentation of the item. Binsack To clarify, the resolution of denial reflects the direction given by the Commission at the previous meeting. At the January 28, 2014 Planning Commission meeting, a majority of the Commissioners directed staff to prepare a resolution of denial with associated findings. Resolution No. 4254 fulfills that direction. Motion: Resolution No. 4254 was adopted by the following vote: Commissioners Kozak, Altowaiji, Lumbard ayes. Commissioners Thompson and Smith dissented. Motion carried 3 -2. STAFF CONCERNS: None Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: Lumbard Commended staff on their extended effort with long hours put into the last two meetings. Recognizes the hard work put in by staff and guidance. Altowaiji Concurred with Lumbard. Attended the following events: • 1/31 Land Use Law and Planning Conference • 217 Mayor's Inaugural Dinner Spoke of the passing of Ron Wolford (12/17/13), former employee of Santa Ana. Smith Attended the Mayor's Inaugural Dinner. Asked staff how the City can make Broadband Internet access for multiple providers a part of the community (referenced Design Review Denial). Thompson Attended the following: • 2/4 Presented at the UCI Civil Engineering — Land Development Conference • 2/7 Mayor's Inaugural Dinner • 2/8 Ignacio Ochoa's (County of Orange) Retirement Asked when the last Building Board of Appeal minutes would need to be adopted. To which staff responded the minutes would be provided at a future meeting. Minutes— Planning Commission February 11, 2014 — Page 4 of 5 Requested closing the meeting honoring the recent passing of Ron Wolford, former employee of the City in the 1980's and more recently with the City of Santa Ana. Kozak Wished everyone a "Happy Valentine's Day ". Attended the following: • 2/7 Mayor's Inaugural Dinner Upcoming events: • 2/15 Knights of Pythias Celebration of their 150 years as a National Organization • 2/19 Parks & Recreation Design Forum — Tustin Legacy Park revised design plan. 7:36 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, February 25, 2014, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Closed in Honor of Ron Wolford. E IOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes— Planning Commission February 11, 2014 — Page 5 of 5