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Staff Review Committee Meeting Minutes OCTOBER 21, 2004

COUNCIL CONFERENCE ROOM FULLERTON CITY HALL
THURSDAY, 9:00 A.M., OCTOBER 21, 2004

CALL TO ORDER:Acting Chairperson Mullis called the meeting to order at 9:07 a.m.
COMMITTEE MEMBERS PRESENT:Eastman (for Mullis) King (for Becerra), Mullis (for Rosen), Tabatabaee, Thompson
COMMITTEE MEMBERS ABSENT:Becerra, Cortez, Rosen
STAFF MEMBERS PRESENT:Kusch, Sowers, and Norton
OTHERS PRESENT:

APPROVAL OF MINUTES:

Minutes of October 7, 2004, approved with one change to add Cortez to staff present.

INTRODUCTIONS - COMMITTEE AND STAFF MEMBERS:

ACTION ITEMS:

PRJ04-00622 ZON04-00062. APPLICANT: MARGARET CHANG VELOCITEL/AT&T; PROPERTY OWNER: TEMPLE BETH TIKVAH.

A request to allow the installation of a ground-mounted telecommunication antenna in the appearance of a 30-foot tall palm tree located at 1600 North Acacia Avenue (east side of Acacia Avenue between approximately 492 feet and 712 feet north of Dana Place) (R-1-20 zone) (Categorically exempt under Section 15332 of CEQA Guidelines) (continued from July 15, 2004). (AKU)

Those present representing Velocitel/AT&T were Lynn VanAken, and Richard Conte. Representing Temple Beth Tikvah were Dorothy Griffin and John Dymond.

Assistant Planner Kusch stated that this item was continued from the July 15th meeting. The previous request proposed roof-mounted antennas. The applicant is now proposing ground mounted with antennas in the form of a palm tree (photo simulations displayed). In terms of the proximity to the residents, the telecommunication antenna meets the Municipal Code based on the proposed height. The fronds of the palm tree would extend above the antennas, to disguise and soften the appearance, for an overall height of 32 feet. The telecommunication equipment would be located at the base of the structure. The applicant is proposing to extend an existing chain link fence with slats around the equipment for screening and security.

Acting Committee Chair Mullis said she would like to see more consistency as far as the type of material and paint color used for both the existing and new fencing.

Committee Member Eastman stated he is concerned that a wood fence would deteriorate over time, and since the facility is not manned, the fence would not be maintained. He suggested considering a vinyl fence consistent with the existing chain link. Mr. Conte replied that the technicians inspect the site every 30 days, and the lease states that the site be kept aesthetically pleasing at all times.

Acting Committee Chair Mullis asked if there has been any discussion about planting live trees for aesthetic purposes. Mr. Richards stated that the area is small and on a slope, but he would not object to including a few trees as long as there is adequate space. Committee Member Mullis said that there is room to plant a few live trees along the sides of the leased area to the rear, and asked if there are any plans to do a retaining wall along the slope. Mr. Richards replied that it is possible that a retaining wall will be necessary once he is certain of the exact grade.

The meeting was opened for public discussion.

Mr. Dymond asked why the original proposal had changed. Mr. Richards explained that the answer is two fold. When he first spoke with temple officials, they were open to mounting the antennas on top of the roof. However, after seeing the actual drawings, a decision was made to do ground-mounted antennas because of an anticipated remodel in the future. When the City reviewed the previous plans, the Committee thought that the height would be too intrusive. The height is now lower in the new design. Mr. Dymond was also concerned with the frequency and what impact it would have on cell phones. Mr. Richards assured him that the facility operates on a 900 MHz frequency and would cause no interference. Committee Member Mullis mentioned that the City requires all cellular facilities to be tested prior to operation to make certain they are not creating a conflict with the countywide emergency 800 MHz frequency. Mr. Dymond inquired as to how long the project would take to construct, and would more antennas be added increasing the height in the future. Mr. Richards explained that the construction process typically takes less than two weeks. The lease is for 15 years renewable every five years. There are no plans to add or increase the height of the antennas. Ms. Griffin asked if this was the first project of its kind. Mr. Richards described where other similar sites were located.

The public hearing was closed.

With no further questions, the Committee moved to approve.

MOTION made, SECONDED, and CARRIED unanimously by those present to APPROVE PRJ04-00622 ZON04-00062 (Resolution No. 379) subject to the following conditions:

  1. The monopole structure shall be painted to resemble the bark of a palm tree, and the antennas shall be painted to match the artificial fronds.

  2. The equipment shall be painted to match the existing temple building.

  3. The applicant shall upgrade the fencing adjacent to the antenna facility with a vinyl fence.

  4. The new fence shall be compatible with the site, and painted/colored to coordinate with any existing fence.

  5. Detailed landscape and irrigation plans will be prepared by a licensed landscape architect. Such plans will be designed in accordance with the Landscape and Irrigation Design Requirements of the City and will be submitted for approval by the Director of Development Services prior to the issuance of building permits, with implementation thereof prior to finalizing any building permits. Two natural palm trees with a similar height and type to the artificial palm tree shall be planted along the side of the artificial palm tree/monopole antenna structure. The natural and artificial palm trees shall be clustered in appearance.

  6. A one-year maintenance cash deposit in the amount equal to 50% of the combined cost of the landscaping materials and irrigation system, but not less than $500, will be posted as a prerequisite to final approval of the development.

  7. 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 Division.

  8. Final grading plans must be submitted and shall comply with California Building Code requirements prior to issuance of permits.

Place the following notes on submitted plans:

  1. Public Safety - (AT&T) recognizes that the frequencies used by the cellular facility located at (1600 North Acacia Avenue), 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, (AT&T) 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, (AT&T) shall not prevent the City of Fullerton from having adequate spectrum capacity on Citys 800 MHz radio frequency.

  3. Post-Installation Test - Before activating its facility, (AT&T) 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-Coroners Department or a Division-approved contractor at the expense of (AT&T). 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 - (AT&T) shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing (AT&T) facilities in the City of Fullerton.

  5. Single Point of Contact - (AT&T) 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 Citys designated representative upon activation of the facility.

  6. Lessees or Other Users - (AT&T) 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 (AT&T) to comply.

There is a 10-day appeal period where any action by this Committee can be appealed to the Planning Commission and ultimately to the City Council. The request may be approved subject to conditions. Minutes of the hearing and a Resolution will be prepared.

PRJ04-00918 ZON04-00096. APPLICANT: PAUL FREEMAN; PROPERTY OWNER: BRE PROPERTIES, INC.

A request for a yoga studio within an existing mixed-use building on property located at 229 East Commonwealth Avenue (northwest corner of Lemon Street and Commonwealth Avenue) (C-3 zone) (Categorically exempt under Section 15303 of CEQA Guidelines) (HSO).

Those present representing the project are Paul Freeman applicant, Patrick and James Freeman, David Powers BRE Properties, Inc., Amy Lassers Pinnacle Apartments, and Greg Lacofano.

Assistant Planner Sowers provided an overview of the project. A yoga studio would occupy tenant space C in the Pinnacle property. The total space is between 1500-1600 square feet. As part of Pinnacle apartments approval process, spaces were set aside for all commercial uses. Sixteen spaces were allocated to the Yoga Studio by the lease terms. The hours of operation are 7:00 a.m. to 8:30 p.m. with one-half hour between classes. There would be 10-15 students per class. The majority of the participants are expected to be Pinnacle residents. The site will have a reception area, a studio and a small storage space. A reception clerk, and one instructor would staff the studio. Employees would park in a separate area of the ground floor level of the parking structure and would not take away from customer parking. There is a surplus of parking spaces. Commercial spaces for the projects current tenant mix which is expected to include two restaurants, (restaurant overlay district designation does not require that parking be provided to restaurants).

Committee Member Tabatabaee asked how many usable square feet excluding the reception area are available. Paul Freeman said approximately a little under 1,000 square feet. Acting Chairperson Mullis asked if more than 15 students per class would be allowed, and if so how many. Mr. Freeman said the maximum would be 20 to allow adequate room to do the poses. Committee Member Tabatabaee advised the Freemans that the occupancy load is designed to fit the space and it cannot be exceeded once the occupancy load is determined. Committee Member Tabatabaee advised staff that the occupancy load would greatly exceed the 20 students expected and suggested the committee consider a maximum student number as a condition of approval. Building would require two restrooms. Mr. Powers advised that there is a restroom in the leasing office that could be used. Amy Lassers manager of Pinnacle, said the leasing office is open from 9 a.m. to 6:00 p.m. and the restroom can be accessed after hours with a special access card. Committee Member Tabatabaee said that as long as the restroom is accessible it would meet the requirement for a second restroom; however, it must be documented, recorded and be attached to the lease agreement. As far as exiting is concerned, there are two exits through the vestibules to the parking area.

Committee Member Eastman noted that the applicant must comply with the centers adopted sign program that prohibits signage above the banding on the first floor.

With no further comments a motion was made to approve with conditions.

MOTION made, SECONDED, and CARRIED unanimously by those present to APPROVE PRJ04-00918 ZON04-00096 (Resolution No. 400) subject to the following conditions:

  1. Access to two restroom facilities shall be provided during all hours of operations. Access to the leasing office restrooms, if provided to meet this condition, shall be agreed upon in writing and incorporated into the lease agreement between the yoga studio and BRE Properties/Pinnacle Apartments. A copy of the lease agreement shall be provided to Development Services prior to the issuance of building permits for the tenant improvements.

  2. Classes shall be scheduled to start no sooner than 15 minutes after the end of a preceding class.

  3. Each class shall be limited to a maximum of 30 students.

  4. All premise identification shall meet the requirement of FFD Standard #7. Method of addressing shall be approved by Engineering and the Fire Department. There shall be approved hard surface access to all units from the street servicing the units with appropriate directional signage. This access shall be wide enough for emergency gurney with a person walking along side.

  5. An approved Knox key box shall be provided to meet FFD Standard #24.

  6. Portable fire extinguishers shall be provided with 75 feet of travel, the mounting and marking shall be approved by the FFD prior to installation.

  7. Emergency signage and lighting shall be provided and approved by Development Services and the FFD.

  8. Tenant improvement plans shall be prepared by a licensed engineer or architect and indicate that the FFD has adopted the 2001 California Fire Code.

  9. All corrections generated from the Citys plan check review process shall be incorporated as conditions of approval.

  10. Signage shall comply with the approved sign program.

There is a 10-day appeal period where any action by this Committee can be appealed to the Planning Commission and ultimately to the City Council. The request may be approved subject to conditions. Minutes of the hearing and a Resolution will be prepared.

PRJ04-00893 ZON04-00093. APPLICANT: WEST COAST DOORS AND OPENING DEVICES; PROPERTY OWNER: SELF-REALIZATION FELLOWSHIP.

A request to add security fencing to an existing church site on property located at 142 East Chapman Avenue (southwest corner of Chapman and Pomona Avenues) (C-3 zone) (Categorically exempt under Section 15301(f) of CEQA Guidelines) (JEA).

Those present were Jeff Sauvageau applicant, Mike Wallace property owner, and Derek Emprey with the Morgan Group.

Committee Member Eastman explained that the request is to add security fencing to the Self-Realization Fellowship Church that would include man gates on the north side with sliding and swinging gates on the south side of the property. The committee viewed photographs of the proposal. Committee Member Eastman said that the security fence appears to be attached to an existing planter, and asked the applicant to clarify. Mr. Wallace said he intends to attach the fence to the south side of the planter; to the wall, and to the side of the church annex. The fence would cross the property line.

Mr. Empey from the Morgan Group stated that he fully supports the churches desire to secure the area; however, the agreement between the church and the Morgan Group specifies that the fence cannot be attached to any free standing structure. Mr. Wallace said his only concern is that if the fence just goes to the wall and is not attached, it defeats the purpose. There would be nothing to stop kids or transients from climbing over the wall to reach the secluded area in the back. He said what might work is to drill into the concrete; place a pole up against the property, and bolt the fence into the concrete slab in front of the planter. He asked the Committee if they could at least approve two of the gates today so that the project can move forward.

Committee Member Tabatabaee referred to the free standing building next to the church and asked Mr. Wallace to describe what the rooms are used for. Mr. Wallace said that at one time it was a house and the church rented it out to those in need, but now the space is used as a Sunday school and book room. Committee Member Tabatabaee advised Mr. Wallace that since the use has changed from residential to Sunday classrooms he must apply for a change of occupancy.

Committee Member Thompson said that Fire would require a plan showing all approved exits with path of travel to the public street. All gates should have panic hardware. There was discussion as to the best solution and whereabouts for a man gate. Committee Member Thompson said that he was not opposed to proceeding with the two gates, but warned that if the church proceeds before the change of occupancy occurs they could be held liable. Committee Member Thompson suggested the applicant first discuss the change of occupancy with his contractor so that exits are known before proceeding with the third gate. The gates that are acceptable are Gates K with man door N, and man door C.

Committee Member Eastman proposed a two-phase process. That the emergency access plan be submitted to show the two gates only at this point, and the third gate can be submitted during the second phase at a later date. Acting Chairperson Member Mullis discussed the conditions for the first phase of the project.

With no further comments the Committee called for a motion.

MOTION made, SECONDED, and CARRIED unanimously by those present to APPROVE PRJ04-00893 ZON04-00093 (Resolution No. 401) subject to the following conditions:

  1. The security fencing shall be done in a two-phase process.

  2. Submit an emergency access plan that shows the locations of the first two gates.

  3. Prepare a plan that addresses all exiting issues related to the existing buildings.

  4. Provide all details on issues raised by the Building Official and Fire Inspector.

  5. Obtain verification and written approval to cross property lines from the adjacent property owner (The Morgan Group).

  6. Remove planting material and irrigation, if any, by the sliding gate identified as O on the plans and cap with concrete for maintenance purposes.

  7. All man gates shall open outward, and be equipped with panic hardware and Knox boxes. The security gates should be equipped with key overrides, exit loops, and remote controls for access by Police and Fire.

  8. Exit signs shall be provided.

  9. Provide an emergency access plan.

There is a 10-day appeal period where any action by this Committee can be appealed to the Planning Commission and ultimately to the City Council. The request may be approved subject to conditions. Minutes of the hearing and a Resolution will be prepared.

ADJOURNED AT 10:35 A.M. AS STAFF SITE PLAN REVIEW COMMITTEE:

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