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HomeMy WebLinkAbout01 PC Minutes 7-14-09ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 14, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Pro Tem Puckett Commissioners Kasalek, Murray, Thompson Absent: Chair Pro Tem Kozak Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES -JUNE 23, 2009, PLANNING COMMISSION MEETING. It was moved by Murray, seconded by Kasalek, to approve the Consent Calendar. Motion carried 3-0. Thompson abstained. PUBLIC HEARINGS Adopted Resolution 2. CONDITIONAL USE PERMIT 09-001 A REQUEST FOR No. 4120, as AUTHORIZATION TO AMEND A MASTER SIGN PLAN modified LOCATED AT 2472, 2492, 2515, AND 2552 WALNUT AVENUE. THIS PROJECT IS LOCATED WITHIN THE PLANNED COMMUNITY COMMERCIAL (PC COMM) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4120 approving Conditional Use Permit 09-001. Minutes -Planning Commission July 14, 2009 -Page 1 7:04 p.m. The Public Hearing opened. Swiontek Presented the staff report, indicating that some conditions were modified prior to the meeting; read those changes into the record. Murray Asked if there was a particular reason for the font choice dedicated to the sign program. Swiontek Suggested that the applicant might better address that question; and, added that for registered trademarks and corporate logos may be used instead of the Humanist font. Murray Referred to Condition 2.5 and suggested that the following language be added: "It shall be the responsibility of the property owner to make such repairs." Swiontek Confirmed with Commissioner Murray the exact location of the new language. Murray Stated he did not find anything in the resolution pertaining to lighting; Sheet 3 of 16 refers to halo neon illumination being a maximum of 30ma and also talks about the signs for the restaurant building; he is concerned from a public safety standpoint and ensuring consistency with other approved applications. Swiontek Asked if Commissioner Murray was referring to external lighting ad spillover. Murray Answered he was referring to the requirements for the halo lighting that is mentioned in the Specific Plan. Swiontek Stated that language could be included regarding the intensity; halo lighting typically reflects off the building and is a minimum wattage that outlines the lettering and would not be directing out from the building. Thompson Referred to page 5 of the staff report that talks about prohibited signs and asked for clarification. Swiontek Asked Commission Thompson to reference the proposed amendment to the Master Sign Plan, Sheet 3, which outlines the restrictions. Thompson Asked if the Fire and Police Departments review sign programs in order to understand where the number addresses are being placed and what visibility will result. Swiontek Answered that the plan was sent to the Police Department for review; this particular application was not sent to the OCFA which Minutes -Planning Commission July 14, 2009 -Page 2 has its own criteria for signs; he can contact the OCFA to see if the program meets those standards. Thompson Asked if certain signs to be removed are the ones not in conformity with the Master Plan. Swiontek Answered in the affirmative. Thompson Questioned whether or not there are more than two signs on-site that need to be removed. Swiontek Replied that the existing shared monument sign on one of the properties is nonconforming for the Tustin City Sign Code as well as the sign program; the existing tenant cabinet sign on Building 4 is the other sign referred to in the staff report. Thompson Stated that he was pleased to see Condition 2.5 requires removal of signs when there are vacancies. Kasalek Asked if the sign colors in the center will be uniform except for the retail section. Swiontek Answered in the affirmative. Kasalek Questioned whether or not the retailers have the freedom to select whatever colors they choose. Swiontek Responded that retail buildings are usually provided more flexibility regarding a moniker or logo, whereas office complexes are more uniform in font size and more distinct to the tenant. Kasalek Stated her assumption that within the building there exists a uniform sign agreement among the restaurants. Swiontek Indicated there are five restaurant tenants; there is uniformity regarding size and allowable square footage, but they have been given flexibility regarding colors and fonts. Kasalek Asked how it is determined who gets signage on the monument signs. Swiontek Indicated his understanding that the monument signs are designed as office-type signs with tenant panels; as noted in the staff report, one of the deviations from the Sign Code would be that an office complex would not have multiple tenants; the First Baptist Church has indicated they may not want to share a sign; the only building not receiving a monument sign would be the retail. Minutes -Planning Commission July 14, 2009 -Page 3 Kasalek Stated that her concern is for the future when tenants change. Swiontek Noted there are individual parcels, but staff is looking at Tustin Corporate Center as a complex presenting opportunities for shared monuments; any sign needs to be approved by the particular building owner. Kasalek Suggested that the CC&Rs will require that this proposed sign plan continue from owner to owner. Swiontek Answered in the affirmative; with regard to the condominium office building, it is outlined that the property management determines which tenant panels are assigned to individual tenants. Puckett Noted that the original sign plan was approved 20 years ago, so it seems a change is in order. Invited the applicant to the lectern. Todd Travis, Travis Responded to the Commissioners' comments as follows: Design Group • The lighting for the two office buildings washes on the wall from behind; 30ma is a standard intensity for neon and will be subtle; the church will be allowed to have the type of sign that is there now. • The church tenants brought up the monument signs which are non-illuminated; however, it is anticipated that these will be up-lit with small ground fixtures to provide illumination at night. • The retail will be standard channel letters for the restaurant tenants only. • The OCFA was contacted when the 2552 building was being constructed; what is being proposed is consistent with OCFA requirements; however, changes will be made if necessary; since the addresses are already existing,, that was a secondary issue. • The signs to be removed are the nonconforming sign and the wall sign that was inconsistent with the original sign program and will continue to be with the new sign program; the Building 4 owner is aware that sign will need to be replaced. • Relayed to the commission the assignment of the monument and wall signs. Minutes -Planning Commission July 14, 2009 -Page 4 Murray Asked Mr. Travis to provide his background. Mr. Travis Indicated he was in the sign business for 25 years, constructing ad building signs; for the past 5-6 years, he has been working with developers to redesign and create sign program documents. Murray Asked if it is Mr. Travis's opinion that this program is in keeping with best practices regarding signage. Mr. Travis Answered in the affirmative; and, added that he chose the Humanist font because it is a modern font that is easy to read and has not been over-used. Puckett Invited others speakers to the lectern. Lowell Fitzgerald, First Thanked staff and Mr. Travis for clarifying many of the church's Baptist Church concerns; referred to the questions he provided the Commission, which are incorporated herein by reference. Stated that he has been aware for some time that a new sign program was being designed; the church would like a monument sign with only the church's name on it; the church does not want to delay the project but would like time to remove and replace the current sign and would request more than 90 days in which to do so. 7:37 p.m. The Public Hearing closed. Puckett Asked if the church's concerns were adequately addressed in the proposal. Director Replied that staff can accommodate Mr. Lowell's concerns 1-3 by making modifications to the conditions; the intent was not to disallow up-lighting or illumination; regarding comment No 4., staff can accommodate the number of days; the concern is not issuing new permits for signs; the concern is that in the past when there have been nonconforming signs the permit is issued for the new sign and the nonconforming signs remain; it would be staffs suggestion that a determination be made that either the nonconforming signs are removed and the new signs permitted within a certain number of days, 90 or 180, but the nonconforming sign be removed before a permit is issued; the church can work with staff within those time frames or a temporary sign can be erected for a certain length of time; that could be incorporated into this sign program or the church could work under the City's banner permit; however, banners are only allowed for 30 days per calendar quarter. Minutes -Planning Commission July 14, 2009 -Page 5 Puckett Stated that when Tustin Ranch Road goes through, the church will have a lot more visibility. Thompson Indicated that staff and Mr. Travis have done a good job addressing the comments and concerns; he supports the project. Murray Concurred with Commissioner Thompson; and, asked staff if the precedent being set will be appropriate for the future. Director Responded in the affirmative. Kasalek Asked for clarification regarding the 180 days for the church to remove and replace the nonconforming sign. Director Indicated that staff is proposing either allowing for 90 days, 180 days, or require the removal of the nonconforming signs and allow for new signs to be issued immediately. Thompson Suggested that to avoid the problem of old signs up and new signs permitted that the permits be issued when the signs are removed. Murray, Puckett Agreed with Commissioner Thompson's suggestion. Kasalek Added her compliments to the applicant for handling a very unusual sign situation. Thompson Moved to adopt Resolution No. 4120, modifying Condition 2.9 regarding the 90-day requirement and that the nonconfirming signs being removed before the permits are issued. Kasalek seconded the motion. Motion carried 4-0. Director Indicated that staff would make that modification. Mr. Lowell Stated the he will do the best he can to get the church's nonconforming sign removed. None REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE JULY 7, 2009, CITY COUNCIL MEETING. Director reported The City Council appointed AI Murray as the Tustin representative for Orange County Vector Control, Commissioner Murray will hold former Mayor Lou Bone's position on that panel. Congratulated Commissioner Murray on his appointment. Minutes -Planning Commission July 14, 2009 -Page 6 Director continued Asked the Commissioners if they would be available for a tour beginning at 5:00 p.m. before the Planning Commission meeting on July 28, 2009. Commissioners Answered in the affirmative. COMMISSION CONCERNS Thompson Requested that an update regarding Zoning Administrator actions be provided at the next meeting and that actions be included on the Planning Commission agenda. Director Stated that those items are provided when there is a Zoning Administrator action; there is not a regularly scheduled Zoning Administrator hearing; staff can update the Commission on how those items occur. Thompson Requested that, when there is an action, it be incorporated into the Planning Commission agenda. Referred to his earlier request regarding the Old Town plaque guidelines. Director Indicated that item is scheduled for the next meeting; it would have been on the last Planning Commission agenda, but staff chose to wait until both Commissioner Thompson and Scott Reekstin could be in attendance. Thompson Attended a ground breaking ceremony for Upper Chiquita Reservoir, a 750-acre-foot reservoir; the ground breaking was well attended by various officials; it was interesting to hear the environmental issues that needed to be resolved before the reservoir was permitted and underway. Thanked staff for allowing him to catch up on The Legacy tour that he missed. Asked that this meeting be closed in honor of our junior honorary planning commissioner, Luke Thompson, for his second year of meeting attendance. Murray Asked if there are any pending legislative issues on which the Commission may need updating. Director Indicated that staff will be making a presentation on AB 32 and SB 375, the greenhouse gas and sustainable communities bills, to the City Council at their next meeting after which the presentation will be provided to the Planning Commission; staff will be monitoring Minutes -Planning Commission July 14, 2009 -Page 7 and will provide further updates when the Legislature reconvenes in September. Murray Asked if the Community Development Department will be impacted by the budget. Director Stated that adjustments were made as required by the approved Budget; City staff continues to monitor what is happening at the State level; staff will keep the Planning Commission and City Council apprised of any new developments. Murray Indicated he attended and enjoyed the Tustin Chamber Gala at the Tustin Ranch Golf Course. Noted that he enjoyed participating in the Tustin Meadows Fourth of July parade; as always, the Fourth of July extravaganza at Tustin High School was spectacular, thanks to Parks and Recreation and the Tustin Police Department. Reminded everyone that Movies at the Park are beginning soon. Noted that he was unable to attend the ribbon cutting, but he visited Jim's Music Center on Newport Avenue near the freeway; every kind of instrument imaginable can be found there. Mentioned the upcoming celebration of the 20th anniversary of Tustin's Senior Center on Monday, August 10, 5:00-7:00 p.m. Kasalek Stated it was her privilege to attend the Tustin Public Schools Foundation 20th anniversary, a great event. Noted she also attended the Tustin Meadows parade; it was a pleasure seeing Commissioner Murray throwing candy and making friends with the youngsters in the neighborhood. Agreed that the fireworks at Tustin High School were terrific, especially the finale. Offered congratulations to Commissioner Murray on his appointment to the Vector Control. Referred to a letter she received concerning the clean-up of the soil at the former Base. Ogdon Explained that the military operations at the Base left contamination; when the Navy transfers the property, they sign a document that indicates the contamination has been cleaned up completely; California DTSC, Cal APA, USCPA, and the Regional Water Quality Control Board all sign the same document; when a developer starts grading, something may be found that was Minutes -Planning Commission July 14, 2009 -Page 8 missed; this is not typically a big issue; instead of having to go through the steps to investigate and document and notify all the property owners, the procedure the neighborhood is being told about now is a program document providing a plan of action, if they ever do find something, going through the notification procedure is not necessary because the steps are already in place, the agencies all lined up to help; the problem is identified and removed from the soil and taken to a certified dump; this is a first step in a program effort to plan for the future; it is possible nothing will ever be found. Kasalek Thanked the Assistant Director for that explanation; there were neighbors in her area who were concerned. Puckett Stated he also attended the Tustin Meadows parade; it is wonderful to see a community come together like that. Offered congratulations to Parks and Recreation for the wonderful Fourth of July celebration at the high school stadium. Asked if there is an opening date set for the new library. Director Indicated that staff would get the date out to the Commissioners. Puckett Noted that the Concerts in the Park have been going well; tomorrow evening will present a Johnny Cash tribute. Shared that his wife, Donna, will be celebrating her birthday this Saturday. Closed the meeting on behalf of "honorary planning commissioner" Luke Thompson. 7:55 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, July 28, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission July 14, 2009 -Page 9 TUSTIN CORPORATE CENTER EXTERIOR SIGN PROGRAM Notes for July 14, 2009 meeting by owners of 2472 Walnut Avenue L Tenant monument sign will have no lighting. (See page 2 of 16, Illumination Permitted Column.) Would it be permissible to have ground lights shining on the sign? (This would support functions taking place at night.) 2. On Page 3 of 16, Item 1 says that "each Building Owner/Owners Association will have the right to amend elements of the Sign Program pertaining to their particular building without the consent of the other building owners". On the same page under Submittals and Approvals in Items 1 and 3, it states that approvals will be by all building owners, etc. It is understood that here "all building owners" refers to the owners of the one building requesting approval. However, this is not how it is stated. 3. It is appreciated that the number of monument signs and their location along Walnut greatly affect the appearance of the center as a whale. Too many and poorly located signs is certainly undesirable; however, we would strive for a design and layout permitting one monument sign on Walnut to have building 4 tenant's name only. 4. We certainly support adoption and required changes of a modern sign program. We support quick compliance. We are already addressing a revised sign program for our property. We request that we be allowed 180 days from the time that owners "sign oI~' on the approved Tustin Corporate Center Exterior Sign Program rather than 90 days for monument sign compliance. This is because of the following: a. Time needed for our individual sign program design b. Internal approval and funding provision c. Actual monument sign replacement d. When the old sign is removed, we would like to install a new one at the same time. e. Time very well may be necessary to work with other building owners. Respectfully submitted by Lowell Fitzgerald President, and Chairnian of Boazd of Trustees First Baptist Church Irvine/Tustin Along with David Kaech and Royal Spurrier