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HomeMy WebLinkAboutPC Minutes 11-12-02MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 12, 2002 7:05 p.m. Given Denny absent Staff present None Jennings Peterson Approved, as corrected Adopted Resolution No. 3851, as amended 7:08 p.m. Ashabi Hamilton Peterson CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR Asked if the reference to the Tustin/Irvine border on page 5, fourth paragraph, is correct. Stated the reference should be to the Tustin/County border. I , APPROVAL OF MINUTES - OCTOBER 28, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Hamilton, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS , CONDITIONAL USE PERMIT 02-020 REQUESTING AUTHORIZATION TO PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH SALON SERVICES WITHIN AN EXISTING TENANT SPACE. THIS PROJECT IS LOCATED AT 17331 EAST SEVENTEENTH STREET IN THE COMMERCIAL GENERAL (CG) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3851 approving Conditional Use Permit 02-020. The Public Hearing opened. Presented the staff report. Referred to Item I.E.b. in Resolution 3851; and, asked if the reference limiting the treatment to one person should be included in the conditions of approval. Indicated that Condition 3.1 was intended to address that issue: "Massage services shall be provided to individuals in a maximum of one treatment room." Minutes - Planning Commission November 12, 2002 - Page 1 Hamilton Kozak Nielsen Holland Kozak Peterson Kozak Hamilton Ashabi Jennings Peterson Kozak Aram Chahbazian, applicant Director Mr. Chahbazian Kozak Mr. Chahbazian 7:20 p.m. Kozak Suggested the condition should specify one individual in one treatment room. Asked that Condition 3.1 be modified to read: "Massage services shall be provided to one (1) individual at a time in a maximum of one (1) treatment room." Asked the Assistant City Attorney if there are restrictions for this type of service for minors. Answered in the negative. Asked if it might be necessary to require the employees to park in the rear, similar to other applications, to alleviate possible parking problems. Indicated that staff has heard of no parking problems at this center. Suggested that language could be added requiring employees to park in the rear in the event of future parking problems. Agreed that adding this language would be appropriate. Stated this project is a salon use; the earlier application was a massage establishment. Noted that this use would add only one client to the current client count; and, suggested that a staff review of the parking situation from time to time would be sufficient. Proposed new Condition 3.21: "If parking problems occur as a result of the massage use, the Community Development Director will consider requiring employees of the salon to park at the rear of the center." Invited the applicant to come to the lectern. Questioned whether the parking requirement would be enforced only on the salon or upon the entire shopping center. Stated that, if the Commission adopts the resolution as amended, the requirement would apply only to this application; and, noted that subsequent applicants at the center could be required to accept the same kind of condition. Asked how this would be determined and enforced; and, stated this not does seem a fair condition to impose on his salon since the use is one client at one time and does not increase the intensity of the use. Stated the applicant makes a good point; added the Commission will discuss his concern; and, asked the applicant if he approves of the revised language regarding one client at a time in one room. Replied in the affirmative. The Public Hearing closed. Stated he appreciated the applicant's comments; and, indicated he wished to withdraw his request for the modification regarding the employee parking. Minutes - Planning Commission November 12, 2002 - Page 2 Director Holland Jennings Director Jennings Peterson Jennings Kozak Adopted Resolution No. 3852, as amended 7:20 p.m. Ashabi Kozak Brian Stotelmeyer, The Consulting Group, agent for Cingular Wireless Indicated there is an intensification of the use, because the applicant is requesting an additional service to attract additional business to his facility. Added the proposed condition indicates that it is the Community Development Director who would make that determination and such a determination would be subject to the appeal process. Asked what happens if there are public complaints regarding the parking lot being too full. Answered that staff could look at other conditionally permitted uses that were granted approval at this site and revoke permits if the conditions under which the use was approved have changed; for example, such a review was performed at Tustin Plaza and most subsequent permits required employee parking in the rear. Noted her concern is that this use is not going to create much intensification. Stated the wording of the condition would require the Director to look at only the massage use to determine if that use is creating the parking problem. Suggested the condition stay as it was presented in the staff report. Stated the Director's reference to staff's reviewing the overall parking impacts within the center will be adequate and withdrew his suggestion regarding employees parking in the rear. It was moved by Jennings, seconded by Nielsen, to approve Resolution 3851, as amended. Motion carried 4-0. . CONDITIONAL USE PERMIT 02-010 AND DESIGN REVIEW 02-012 REQUESTING AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS FACILITY DESIGNED AS A CLOCK TOWER BY EXTENDING AN EXISTING TOWER TO AN OVERALL HEIGHT OF FIFTY-FIVE (55) FEET AT THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD. THIS PROJECT IS LOCATED AT 3097 EDINGER AVENUE IN THE JAMBOREE PLAZA PLANNED COMMUNITY (PLANNED COMMUNITY INDUSTRIAL) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3852 approving Conditional Use Permit 02-010 and Design Review 02-012. The Public Hearing opened. Presented the staff report. Invited the applicant to the lectern. Thanked staff for the report and presentation; and, indicated he would answer any questions the Commission might have. Minutes- Planning Commission November 12, 2002 - Page 3 Nielsen Mr. Stotelmeyer Nielsen Mr. Stotelmeyer Nielsen Mr. Stotelmeyer Nielsen Mr. Stotelmeyer Nielsen Mr. Stotelmeyer Nielsen Mr. Stotelmeyer Holland Kozak Mr. Stotelmeyer Hamilton Mr. Stotelmeyer Kozak Mr. Stotelmeyer Kozak Mr. Stotelmeyer Asked what sort of additional coverage the site will provide for Tustin residents. Indicated this site will provide a dramatic increase approximately a half-mile out and will also filter through the surrounding sites. Asked what the wattage output of the antenna will be. Stated 200 watts per channel. Asked if that would be through directional antennas. Answered in the affirmative. Asked if the employees of businesses in the center might be affected. Answered in the negative. Asked why four clocks were not proposed for the tower. Indicated the applicant would have no problem adding two clocks. Asked when the project will be completed if approved this evening. Stated approximately two and a half months after pulling the building permit. Requested the Chairman verify the applicant concurs with the recommended conditions of approval. Asked the applicant if he accepts the presented conditions of approval. Indicated his concurrence with all the conditions of approval. Stated his appreciation for this design; and, encouraged the applicant's continuing involvement in other wireless projects in the City. Noted his projects in Orange County are being designed to be more aesthetically pleasing than monopole structures. Asked how the applicant proposes to enclose the tower "to obscure the interior of the tower from view of Jamboree Road" as stated in Condition 2.2. Stated it was his assumption that refers to the hatch that goes into the antenna structure; and, added the hatch will be painted to match the existing tower. Indicated his understanding that this means no cables, conduits, or antenna arrays will be visible from Jamboree; and, asked if Cingular or the property owner will own the tower improvement and who will be responsible for maintenance. Stated these structures typically become part of the property, unless arranged otherwise in the lease; the mechanical equipment is owned and operated by Cingular. Minutes - Planning Commission November 12, 2002 - Page 4 Kozak Asked who will maintain the four clocks. Mr. Stotelmeyer. Kozak Director Kozak Ashabi Kozak Mr. Stotelmeyer Hamilton Ashabi Jennings Kozak Mr. Stotelmeyer Director None Indicated the clocks will be maintained by Cingular Wireless; there will be a 24-hour number for emergency access to fix nonfunctioning clocks and other equipment; Cingular considers this a safety issue. Asked staff, regarding co-location, if the City will be the referral point of requests or Cingular will evaluate requests and advise the City of the applications and the results of Cingular's review. Stated that staff may be advised when individuals want to locate in this general vicinity and would then recommend that such individuals contact Cingular regarding the feasibility of co- location; and, added that most providers now want to co-locate. Suggested it is therefore not necessary to add any language at this point; and, asked for a condition regarding maintenance. Indicated Condition 3.2 could be amended to read: "The structure and all related facilities shall be regularly maintained, painted, and inspected for safety and aesthetics by the applicant or the property owner in accordance with the approved plans." Asked Mr. Stotelmeyer if he concurred with this addition to the condition. Answered in the affirmative. Asked why Sprint is referred to in Condition 1.8.f. Indicated that was a typographical error; it should refer to Cingular. Stated her preference for four clocks; and, added this clock tower will be a welcome addition to the original tower and the center. Asked if adding two clock faces would require an amendment or simply concurrence from the applicant to modify his plan submittal. Stated his concurrence. Indicated this requirement should be added to the condition of approval; and, suggested modifying Condition 2.2 to begin: "Prior to plan check submittal, the plans shall be modified to include four (4) clock faces." It was moved by Hamilton, seconded by Jennings, to adopt Resolution 3852, as amended. Motion carried 4-0. REGULAR BUSINESS STAFF CONCERNS . REPORT OF ACTIONS TAKEN AT THE NOVEMBER 4, 2002, CITY COUNCIL MEETING Presentation: Elizabeth A. Binsack, Community Development Director Minutes - Planning Commission November 12, 2002 - Page 5 Director reported Kozak Director Hamilton Director Nielsen Jennings Hamilton The City Council adopted Ordinance 1262, which includes various construction codes and local amendments related to the Uniform Building Code, Electric Code, Mechanical Code, etc.; the Uniform Fire Code has not yet been adopted; the next code to be adopted will be the international code. Asked if this will be accomplished through the rubric of the ISO. Answered in the affirmative. Stated the City Council adopted some revisions to the City's Housing Element; those revisions have been forwarded to the State; the State has 45 days to review the revisions; since the City received a preliminary stamp of approval last summer, a letter is anticipated approving the Housing Element Reminded the Commissioners that the Planning Officials Forum is this Thursday. Noted the election signs should be coming down soon; staff will be suggesting a shorter amount of time during which to remove these signs in the future. Asked what current regulations require the removal. Indicated that code enforcement officers can remove the signs and send a bill to the individuals involved for the removal of signs from the right-of-way. COMMISSION CONCERNS Stated his appreciation for the cellular tower design; noted this stealth structure will improve the aesthetics of Jamboree Plaza; and, thanked Cingular for this design. Indicated he hoped everyone had a nice Veterans Day and also spent a few minutes remembering the veterans who defend our country; and, noted he was working and unable to attend the City's Veterans Day Parade. Wished a Happy 227th Birthday to the United States Marine Corps. Stated the Mayor's Prayer Breakfast and Sheriff Carona's speech were inspirational. Noted the tree-lighting ceremony takes place on December 6th' Added he is pleased the political signs are coming down. Added her name to the list of people who would like to see the Sign Ordinance amended to require the time period shortened for the removal of political signs. Thanked the City for the support of the Dinosaur Dash which was well-attended, raised approximately $70,000 for the Tustin Unified School District, and had the highest ever participation by Tustin students. Thanked staff for the photosimulations included in the PowerPoint presentation. Minutes - Planning Commission November 12, 2002 - Page 6 Hamilton continued Kozak 7:55 p.m. Stated he enjoyed the Dino Dash; and, indicated there is a new title sponsor for the event next year. Indicated he enjoyed the Mayor's Prayer Breakfast and hearing Sheriff Carona speak. Offered his congratulations to Tracy Worley and Doug Davert on their successful re-election and election to the City Council. Stated he manned the bagel table at the Dino Dash and enjoyed the event. Noted the Acorn Naturalists grand opening took place this evening; and, offered his congratulations to them. Indicated there are two non-functioning light standards in the parking lot at the Post Office. Provided to staff the Rose Institute "Affordability and Availability of Housing" announcement regarding a seminar in Ontario on November 22, 2002. Wished everyone a Happy Thanksgiving (since there will be no second meeting in November) ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, December 9, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary /Stel~h~..~/. Kozak Chairperson Minutes - Planning Commission November 12, 2002 - Page 7