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HomeMy WebLinkAbout05 DR 07-008 11-12-13 minutesMINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 12. 2013 7:05 p.m. CALL TO ORDER Given INVOCATION /PLEDGE OF ALLEGIANCE: Commissioner Altowaiji ROLL CALL: ITEM #1 Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Assistant Director of Community Development Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Ryan Swiontek, Senior Planner Edmelynne V. Hutter, Senior Planner Adrianne DiLeva- Johnson, Senior Management Assistant Vera Tiscareno, Executive Secretary None PUBLIC CONCERNS Approved CONSENT CALENDAR: APPROVAL OF MINUTES — OCTOBER 8, 2013, PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the October 8, 2013 meeting as provided. Motion: It was moved by Thompson, seconded by Altowaiji, to move the Consent Calendar. Motion carried 5 -0. None PUBLIC HEARINGS REGULAR BUSINESS: Continued to 2. DESIGN REVIEW 2013 -12 — AT &T UTILITY CABINETS. January 28, 2014. Design Review 2013 -12 is a request to install 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. APPLICANT: AT &T California 1265 N. Van Buren Street, Room 180 Anaheim, CA 92807 PROPERTY OWNERS: City of Tustin (23 locations) Venturanza Del Verde HOA (one location) Laurelwood HOA (one location) LOCATION: Citywide ENVIRONMENTAL: With the conditions of approval in Resolution No. 4235, this project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15303, Class 3. However, if potential impacts are not minimized through the conditions of approval, the proposed project would require further environmental review and may require the preparation of an Initial Study and Negative Declaration or Environmental Impact Report. RECOMMENDATION: The Planning Commission may take one of the following options: 1. Should the Commission desire to approve all 25 proposed cabinets, as conditioned: • Adopt Resolution No. 4235 approving Design Review 2013 -12 to install and operate 25 utility cabinets (combination of aboveground and flush- mounted underground), located at various locations within or adjacent to the public right - of -way; 2. Should the Commission desire to require that all 25 proposed cabinets be underground and flush - mounted, as conditioned: Minutes — Planning Commission November 12, 2013 — Page 2 of 7 • Adopt Resolution No. 4235A approving the installation and operation of 25 flush- mounted underground utility cabinets, located at various locations within or adjacent to the public right - of -way; or 3. Should the Commission desire to deny Design Review 2013 -12: • Direct staff to prepare a resolution of denial with associated findings for consideration by the Commission at the next regularly scheduled Planning Commission meeting. Reekstin Gave a presentation of the item. Commission questions /concerns generally included: residents input; masterplan; noise impacts; environmental impacts (trenching); size /number of cabinets in the future; wireless conduits; cabinet location; public art; colors of the cabinets; safety impacts in public right -of -ways; Time Warner's requirements; character of the community; quality of life impacts; lack of maintenance of existing facilities; and surrounding cities and their requirements. Binsack Commented on the three listed alternatives and stated staff recommends Resolution No. 4235A as the preferred alternative. Public comments: Judy Woolen, a consultant representing AT &T, spoke in favor of the utility cabinets and Video Ready Access Devices (VRADs). Stated after meeting with the City in August and October, the City referred AT &T to take the item to the Planning Commission. The applicant, Leslie Monty, spoke supporting AT &T and the item. She provided background information to the Commission. AT &T's intent is to eliminate excessive trenching with the Surface Area Interface (SAIs) and to find the most appropriate location to place the VRADs. Further questions by the Commission generally included: AT &T's masterplan for the cabinets; funding for 25 cabinets or more; trenching for the fiber optics; proximity between VRADs and SAIs; clarification on underground VRADs; art work/program; fiber optics; location of cabinets on residential property; and separating VRADs and SAIs. Minutes — Planning Commission November 12, 2013 — Page 3 of 7 Leslie Monty addressed each of the Commissioners questions /concerns. Her comments generally included: there is an unknown additional number of cabinets in the future dependent upon AT &T's business plan; confirmed funding for 25 cabinets; possibility of trenching depending on proximity of the SAIs and the VRADs; Southern California Edison would have to determine the power source for AT &T; AT &T does not typically trench where there is new fiber structure; there is no potential to house both the SAI and VRAD underground due to lack of technology; the cabinets come with an anti - graffiti coating therefore it would be a problem for the art program; at this time AT &T does not paint, or apply art to the cabinets. Bobak stated staff did not analyze the amount of trenching involved so staff is in no position to say whether or not the approval of this application would lead to additional trenching. It would depend on whether or not the trenching would be exempt, categorically, from CEQA. Paul Albarian, a resident, spoke expressing concern with regard to the proposed location of cabinets on Kalua Lane. Mr. Albarian's concern is the potential of AT &T placing cabinets on Kalua Lane, where there are currently none. Staff clarified the proposed location is actually on White Sand. Mr. Albarian asked if the cabinets could possibly be 'doubled -up' at Pine Tree park to avoid impacting any homes. He also asked if all 25 locations would be necessary and inquired if they all be used. The Commission entered into deliberation of the item. The Commission's discussion generally included: Concern with 25 cabinets only serving 1/3 of the community; the inability to accommodate an art program; underground requirements; adhering to the Noise Ordinance; reluctance to approve above - ground cabinets at this time; co- location; lack of screening; other alternatives; would like to replicate what other cities are doing; residents should have the opportunity to use alternative resources (Time Warner, Cox, etc.); no vision on accommodating future development; public's input; and Commission needs to be cognizant of key points of City Council policy of location and number of above - ground cabinets and undergrounding as an option. Kozak Thanked staff and AT &T for working together and bringing the package to the Commission as well as the public comments. Called for a motion to continue the item. If item is continued, Minutes — Planning Commission November 12, 2013 — Page 4 of 7 staff and AT &T can continue to work together and address the Commission's concerns and bring back a better product for AT &T so that there is certainty in their future, and a better plan for the community which is in keeping with the policy direction from our City Council. Altowaiji Stated to send item back to staff to work with AT &T to address comments from the Commission and public. Thompson Thanked staff for the summary booklet and the presentation. Generally commented that AT &T would need to do more investment of time; four cabinet locations out of the 25 are not recommended for approval; art program is already in the resolution; concerned with looking at a master plan that is 'highly subject to change' if there are no plans to 'build'; asking for 'maintenance' is outside the guidelines being that the City is in compliance with the guidelines; the co- location of the cabinets; questioning if the Commission is extending the application of the guidelines. Lumbard Commended staff on their attempt to have cabinets underground. Requested clarification from Bobak on what the impact would be if the item was denied. Bobak A resolution would be needed to deny the application and AT &T would then have the opportunity to appeal with the City Council. A new application would then need to be submitted. Cannot re- submit the original application. Binsack If the Commission motions for the fourth alternative, then the Commission should identify the items of concern to be addressed at a future meeting. She summarized the items of Commission concern that needed to be addressed including: providing art/screening on the cabinets; proposal violates the fundamental intent of the guidelines and ordinance; no desire /inability to co- locate the two cabinets; AT &T has not demonstrated feasibility to underground cabinets at each location; noise levels from the existing cabinets and potential impact of additional cabinets and the quality of life; the character of the community based on the additional cabinets within the community; safety concerns with respect to disabled access in rights -of -ways and sidewalk areas; and schedule of maintenance. She noted if a fourth alternative is passed, she recommends it be brought to the January 28th meeting. Minutes — Planning Commission November 12, 2013 — Page 5 of 7 Motion: It was moved by Altowaiji, seconded by Kozak, to continue the item to the January 28, 2014 meeting to address the noted items. Motion carried 3 -2. Chair Pro Tern Thompson and Commissioner Lumbard dissented. STAFF CONCERNS: The Director reported as follows: • Mayor's Prayer Breakfast was held on 11/21 • Tustin Ranch Road Groundbreaking was held on 11/23 COMMISSION CONCERNS: Lumbard Expressed the tragic events of the Philippine's typhoon "Yolanda ". Families and homes were destroyed. Please consider making a donation to the Red Cross; and • Month of November is designated month for " Movember" (for moustache) to raise awareness for testicular and prostate cancer. Altowaiji Thanked Scott for the comprehensive report and all the effort staff put into the work. Smith 0 No concerns. Thompson Attended the OCTA Citizens Advisory Committee; • Attended the Art Walk on 10/19 and gave a tour in Old Town. It was a very fascinating event; • Attended the Planning Officials Forum on 10/25. It was wonderful to see how City staff is involved. Learned about housing means for workers, alternate transportation, demographics. Fantastic presentation by a USC professor; • November 1st, attended Dino Dash — finished 5k in 22 minutes 43 seconds —15th Place; and • November 5 -8 attended Urban Land Institute in Chicago. It was a great forum: Workshops on development, age qualified, and healthy housing. Kozak 0 Attended the 6th Annual Art Walk. It was a great event; • Historic property presentation to the owners of the Primrose house on 'B' Street; • Attended the Planning Officials Forum on 10/24. Thanks to Elizabeth and other members; and • Thanked all Veterans, soldiers and marines who have given their lives to this Country in the line of duty! Minutes — Planning Commission November 12, 2013 — Page 6 of 7 9:03 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 26, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes — Planning Commission November 12, 2013 — Page 7 of 7