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Staff Review Committee Meeting Minutes DECEMBER 1, 2005

COUNCIL CONFERENCE ROOM FULLERTON CITY HALL
THURSDAY, 9:00 A.M., DECEMBER 1, 2005

CALL TO ORDER: Acting Chairman Eastman called the meeting to order at 9:07 a.m.
COMMITTEE MEMBERS PRESENT: Eastman, Petropulous, Tabatabaee, Thompson, Voronel
COMMITTEE MEMBERS ABSENT: Rosen
STAFF MEMBERS PRESENT: Allen, Kusch and Norton
OTHERS PRESENT: Ray Andrews, 561 Green Acre Drive

APPROVAL OF MINUTES:

November 17, 2005 minutes APPROVED as amended.

INTRODUCTIONS - COMMITTEE AND STAFF MEMBERS:

ACTION ITEMS:

PRJ05-00654 - ZON05-00085. APPLICANT: PETE SHUBIN; PROPERTY OWNER: REGENCY CENTERS. A request to construct a 55'-0" stealth monopalm on property located at 1000 East Bastanchury Road (southwest corner of Bastanchury Road and Brea Boulevard) (C-1 Zone) (Categorically exempt under Section 15303 of CEQA Guidelines) (HA)

Pete Shubin was present to discuss the plans.

Associate Planner Allen stated that the applicant is proposing to locate the monopalm behind the building; the equipment would be located in a landscaped area and enclosed within a wrought iron fence. The existing shrubs are to be removed and replaced with climbing vines that would cover the fence. The monopine's height has been reduced from its original submittal.

Staff questioned the exit port attached to the monopalm and asked Mr. Shubin to explain its purpose. Mr. Shubin explained that the hole is to allow the coaxial cable to exit so that it can be routed to the arms of the antennas.

Committee Member Thompson reminded the applicant to be careful about blocking exit ways. Mr. Shubin said he was aware of this requirement. Committee Member Eastman questioned if the landscape area being impacted was required overhang for the parking stalls. If so he suggested the impacted spaces be treated as compact.

Committee Member Voronel stated that Engineering requires a $5,000 deposit from all cellular companies working in the City to cover Engineering fees. As plans are reviewed, this deposit is drawn down. While this is not a project-specific fund, it was determined in reviewing this application, that T-Moblie's fund had a zero balance. MOTION made by Committee Member Tabatabaee, SECONDED by Committee Member Voronel and CARRIED by all present to APPROVE the project with the following conditions. (Resolution No. 435).
  1. All corrections generated through the plan check and inspection processes are incorporated by reference as conditions of approval and would include any requirements generated by the Engineering, Building and Fire Departments.

  2. Plans shall indicate that the Fullerton Fire Department has adopted the California Fire Code 2001 Edition.

  3. Plans shall show the locations, type and method of mounting for all portable fire extinguishers 2A-10BC within 75 feet of travel.

  4. A Knox key box shall be provided to meet Fullerton Fire Department Standard #24 for fenced area.

  5. Building identification shall meet the requirements of the Fullerton Fire Department Standard #7.

  6. A Hazardous Material Disclosure shall be completed for any hazardous materials stored on site (i.e. battery fluid or fuel for generator) and provided to the Fullerton Fire Department.

  7. Should a generator be used, a separate permit shall be required to be obtained from the Fullerton Fire Department.

  8. Prior to issuance of building permits T-Mobile shall update their deposit account as required by the Engineering Department.

  9. The conditions of approval shall be met for Wireless Telecommunication Facilities as specified below.
Place the following notes on submitted plans:
  1. Public Safety - T-Mobile recognizes that the frequencies used by the cellular facility located at 1000 East Bastanchury Road, Fullerton is extremely close to the frequencies used by the City of Fullerton for Public Safety. This proximity will require extraordinary "comprehensive advanced planning and frequency coordination" engineering measures to prevent interference, especially in the choice of frequencies and radio ancillary hardware. This is encouraged in the "Best Practices Guide" published by the Association of Public-Safety Communications Officials-International, Inc. (APCO), and as endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any permits to install the facility, T-Mobile shall meet in good faith to coordinate the use of frequencies and equipment with the Communications Division of the Orange County Sheriff-Coroner Department to minimize, to the greatest extent possible, any interference with the Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar consideration shall be given to any other existing or proposed wireless communications facility that may be located on the subject property.

  2. 800 MHz Radio Frequency - At all times, T-Mobile shall not prevent the City of Fullerton from having adequate spectrum capacity on City's 800 MHz radio frequency.

  3. Post-Installation Test - Before activating its facility, T-Mobile will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the facility does was successful in not interfering with the City of Fullerton Public Safety radio equipment. This test will be conducted by the Communications Division of the Orange County Sheriff-Coroner's Department or a Division-approved contractor at the expense of T-Mobile. This post installation testing process shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met.

  4. 24-Hour Phone Number - T-Mobile shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing T-Mobile facilities in the City of Fullerton.

  5. Single Point of Contact - T-Mobile will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative upon activation of the facility.

  6. Lessees or Other Users - T-Mobile shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of T-Mobile to comply.
There is a 10 day appeal period.

PRJ05-00737 - ZON05-00109. APPLICANT: FRED M. DIAZ; PROPERTY OWNER: ANICETA S. LOYOLA. A request for a minor site plan to allow a five-foot encroachment into the required front yard setback on property located at 570 Green Acre Drive (south side of Green Acre Drive at the intersection of Highland Avenue) (R-1-20 Zone) (Categorically exempt under Section 15303 of CEQA Guidelines) (AK)

Those present were Alvin and Joanne Mullins, Ray Andrews, 561 Green Acres Drive.

Assistant Planner Kusch said staff received a letter from Robert and Roja Phillips of 560 Green Acre Drive. The letter outlines his concerns with the proposal - specifically the removal of a tree, the amount of hardscape in the front, and the setback. The applicant is proposing to add a garage in front of the property and is requesting a 20% reduction in the front yard setback. The existing garage located at the west side of the property is already at 30' and the new garage would be the same setback. Additional expansion would include interior rooms and bedrooms in the side yard and a master suite with a cabana in the back. The proposal also includes a circular driveway that would require a curb cut and the removal of a street tree.

The Code limits the amount of hardscape in the front yard; the maximum allowed is 40%. However, the proposal appears to exceed the 40% limit. In looking at an aerial photograph no circular driveways are seen. The properties all have some balance between hardscape and landscape with the street trees being consistently spaced along the block. The removal of the street tree would be altered by the proposal. The setbacks are consistent in terms of the neighboring properties.

Mr. Mullins said the existing garage is used for storage. The new garage would accommodate four cars. He anticipates needing parking for a total of eight cars as his teenage children begin driving. A circular driveway would reduce the amount of cars having to park on the street. He noted three houses on the street that already have circular driveways.

Committee Member Tabatabaee stated that other families may have similar situations and suggested that Mr. Mullins consider an optional plan that would eliminate issues with the neighbors and not require a variance. A one-car garage would allow maneuverability and comply with all of the requirements. Mr. Mullins did not feel that a one-car garage would be feasible. Without a circular driveway he would not be able to access the garage.

Committee Member Voronel stated she would like to know whether a street light is proposed, if so, that it be shown on the plan along with the distance between driveways. In looking at the photographs it does not appear that there is enough space to relocate the street tree to the area proposed and at the same time comply with the City's requirements. Perhaps the architect could be more creative in designing more maneuverability to avoid relocating the street tree. She believes that the tree can be saved. It may be possible to bring the driveway between the two existing trees.

Mr. Tabatabaee also stated that in order to build the cabana, the slope would have to be graded. He asked Mr. Mullins to submit a topographical map; a grading plan; a revised plan that more accurately reflects distance, and how the curb and circular driveway would work.

Water Engineering commented that the plans must show the existing water meter. It must be relocated if it is in the proposed driveway.

Public Comment Opened

Mr. Andrews, a neighbor said he supports the project and Mr. Mullins' effort to keep the cars off of the street but his concern is saving the street tree.

Public Comment Closed

The committee felt that other options were possible and supported continuing the request to a date uncertain. Acting Chairman Eastman advised the applicant that the committee is not obligated to reduce the setback. What the committee weighs in making that decision is the aesthetics, and the impact to the community. The design as submitted today has some significant concerns. The additional paving and parking in front of the garage should be reduced or not accommodated based on the fact that the garage is encroaching into the setback. There are alternative plans that will accommodate parking needs, requirements, and access the garage. The Committee would support the plan if a single driveway could be designed so that it goes between the tree and accommodate concerns with relocating the tree and the amount of paving.

Mr. Mullins said he would take the plans back to his architect and would do whatever he can to preserve the tree and address the Committee's issues. MOTION made Committee Member Tabatabaee, SECONDED by Committee Member Thompson and CARRIED by all present to CONTINUE the project to a date uncertain.

ADJOURNED AT 10:12 A.M. AS STAFF SITE PLAN REVIEW COMMITTEE:

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