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HomeMy WebLinkAboutPC Minutes 12-10-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 10, 2001 7:02 p.m. Given All present Staff present Approved Received and filed the report Continued to January 14, 2002 7:05 p.m. Peterson o CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Dana Ogdon, Redevelopment Program Manager Doug Anderson, Project Manager-Transportation Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR Minutes of November 13, 2001, Planning Commission meeting. It was moved by Davert, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. CONDITIONAL USE PERMIT 01-004 A REQUEST FOR AUTHORIZATION TO ESTABLISH A RELIGIOUS FACILITY FOR SIXTY (60) PERSONS WITHIN THE PLANNED COMMUNITY INDUSTRIAL ZONING DISTRICT. RECOMMENDATION: That the Planning Commission receive and file this report. It was moved by Davert, seconded by Hamilton, to receive and file the report. CONDITIONAL USE PERMIT 01-017 AND 01-018 A REQUEST TO AUTHORIZE THE ESTABLISHMENT OF A SOBER LIVING FACILITY. THIS PROJECT IS LOCATED AT 14511 AND 14512 CARFAX DRIVE IN THE SUBURBAN RESIDENTIAL DISTRICT (R-4) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission continue the public hearing to January 14, 2002. The Public Hearing opened. Stated no report would be presented, because the applicant requested a continuance to January 14, 2002. Minutes - Planning Commission December 10, 2001 - Page I Director 7:06 p.m. Adopted Resolution Nos. 3811,3812, and 3813, as amended 7:07 p.m. Ashabi Hamilton Pontious Stated that a courtesy notice was sent; and, suggested Chairperson Pontious ask if members of the public in attendance this evening, but unable to attend on January 14th, might wish to give testimony. No public testimony was presented. The Public Hearing closed. It was moved by Kozak, seconded by Jennings, to continue this item to January 14, 2002. Motion carried 5-0. TENTATIVE PARCEL MAP 2001-147, DESIGN REVIEW 01-018, AND CONDITIONAL USE PERMIT 01-014 A REQUEST FOR: 1) APPROVAL OF TENTATIVE PARCEL MAP 2001-147 TO MERGE TWO EXISTING PARCELS INTO ONE 4.7 ACRE PARCEL FOR DEVELOPMENT OF A 50,275 SQUARE FOOT RETAIL MARKET AND PHARMACY; 2) APPROVAL OF DESIGN REVIEW 01-018 FOR SITE, ARCHITECTURAL, AND LANDSCAPE DESIGN; AND, 3) APPROVAL OF CONDITIONAL USE PERMIT 01-014 FOR TWO DRIVE- THROUGH LANES FOR THE PHARMACY AND AN AMENDMENT TO A PREVIOUSLY APPROVED REVERSE VENDING RECYCLING CENTER (CONDITIONAL USE PERMIT 91-032). THIS PROJECT IS LOCATED AT 13270 NEWPORT AVENUE IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3811 adopting the Final Mitigated Negative Declaration for Design Review 01-018 and Conditional Use Permit 01-014 for development of a retail market and pharmacy building; That the Planning Commission adopt Resolution No. 3812 recommending that the City Council approve Tentative Parcel Map 2001-147 to merge two (2) existing parcels into one 4.7 acre parcel for development of the proposed project; and, That the Planning Commission adopt Resolution No. 3813 approving Design Review 01-018, Conditional Use Permit 01-014, and an amendment to Conditional Use Permit 91-032 for the site, architectural, landscape design of the proposed 50,275 square foot retail market, pharmacy with two (2) drive-through lanes, and relocation of an existing recycling center. The Public Hearing opened. Presented the staff report, which included reading several conditions added after the Planning Commission packets were distributed. Asked staff to repeat Condition 4.8. Asked for a hard copy of the new conditions rather than having staff reread them. Minutes - Planning Commission December 10, 2001 - Page 2 Director Indicated that comments were received rather late, requiring staff to prepare these last-minute conditions. Davert Stated his concern was the condition regarding hours of operation and wanted reassurance that restrictions will be for the drive-through only. Peterson Noted that the applicant stated there will be no pharmacist on the premises beyond 10:00 p.m.; therefore, applicant has stated a willingness to comply with Condition 6.17. Pontious Questioned whether or not putting a condition on the hours of operation authorizes 24-hour operation, if desired. Peterson Responded that the market could operate 24 hours; the only limitation would be on the pharmacy, which is consistent with Albertsons business practice. Davert Suggested a modification could be requested if the applicant chooses to expand the hours. Kozak Noted that he had a telephone conversation with the Director; and, stated all his questions were addressed by the additional conditions. Staff Provided hard copies of the new conditions. DaveK Referred to the comment regarding the awkward nature of the ingress and egress at Union Bank next door (where driveway entrances are close together) and a separation that goes around the parking lot; and, asked if that can be addressed in this application. Peterson Answered that during the preliminary review, staff suggested the applicant work with the adjacent property owner; that was not feasible, resulting in the situation with the two driveways. Anderson Added that a combined driveway was attempted but rejected by the bank; there have been no accident problems with the separated driveway; this project will generate additional vehicular trips of 1,134 per day; First Street presently generates 3,900; the capacity of the roadway is about 10,000 trips; therefore, no traffic problems are expected in the future. Jennings Referring to the traffic analysis, asked for the location of the driveway on Holt Avenue. Pontious Stated that is the driveway from Holt continuing across Newport Avenue into the Albertsons parking lot. Davert Asked if the new entrance at Holt and Newport will be at grade. Anderson Replied that is part of the design although Public Works has not yet seen the improvement plans. Kozak Indicated that was also one of his concerns and hopes this will be a less pronounced driveway and a more street- like entrance; noted he counted four driveways: the Bank Minutes - Planning Commission December 10, 2001 - Page 3 Anderson Kozak Anderson Kozak Anderson Hamilton Jennings Ashabi Joan Zousel, 1191 East First Street Pontious Ashabi Ms. Zousel Pontious Ms. Zousel Davert Ms. Zousel ingress/egress and two at the intersection of Holt and Newport; and, asked if the plan is to eliminate all but the one driveway for the bank. Stated the bank will have two driveways: the existing driveway off First Street and the existing driveway off Newport Avenue. Asked if the two existing driveways before the Newport- Holt intersection will be closed. Responded affirmatively, stating the main driveway will be off Holt. Referring to improvements planned at the Holt/Newport intersection, stated there is considerable maneuvering out of the middle lane on the west side of Holt where there is a left-hand turn pocket, a straight through, and a right- hand turn pocket; and, asked if the middle lane could be made a straight-through and a right-hand turn lane. Answered that such a correction is possible but is not a requirement of this project; since that is an operational feature of that intersection, the City would address this possibility during the intersection improvements planned for Newport Avenue and Irvine Boulevard. Pointed out the right-hand turn lane backs up on Holt; a right-hand arrow in the middle lane might further complicate the problem. Asked if there is a specialty retail store planned inside Albertsons. Responded affirmatively. Indicated she lives in the residence next to this site; and, asked if the trees that border her property at the new property line will be properly maintained. Added her concern regarding the trees; and, asked staff for a response. Stated that Condition 4.7 requires a minimum of 12 eucalyptus trees. Suggested that eucalyptus trees will not cover as well; and, asked if the adjacent homeowners might be allowed to provide input with the applicant regarding species selection. Asked if the existing trees (which are presently being ill cared for) are eucalyptus. Answered there may be one eucalyptus among five trees. Pointed out that new Conditions 4.6 and 4.7 require Albertsons to maintain the trees in a healthy condition and to replace dead or dying trees. Expressed her skepticism in that regard. Minutes - Planning Commission December 10, 2001 - Page 4 Davert Director Davert Gary Theiler, 1199 East First Street Ashabi Mr. Theiler Ashabi Director John Le, Courtney & Le Architects, representing the applicant Kozak Mr. Le Kozak Director Kozak Peterson Stated this requirement will be on record as perpetual maintenance. Suggested modifying Condition 4.7 to a minimum of 12 trees and adding: "Species and size shall be subject to review and approval by the Community Development Director"; this will allow the City to work with arborists to choose trees that provide the best height and buffer. Asked that adjacent homeowners also be involved in the tree selection process. Stated he lives in Broadmoor Park; his letter was included in the comments; and, asked if something was stated in the staff report about reducing the height of the back wall by four feet. Answered that Condition 4.8 was added with that provision. Pointed out there is a 35-foot driveway at the existing supermarket; the proposed plan indicates 31.83 feet but no less than 30 feet; from his experience, he anticipates this will be not one inch more than 30 feet, which brings the back wall closer to the residents at the property line and creates an imposing sight; and, asked staff if changes have been made to the plans. Responded in the negative. Stated the rear setback requirement is 10 feet; the proposal here is a minimum of 25 feet. Stated for clarification that this remodel and expansion is under the auspices of Albertsons who have a good project maintenance record; the applicant is willing to comply with the additional landscaping and the paving along Newport; and, the applicant is willing to work with staff to lower the building height at the rear. Asked if the cornice feature will be carried around all sides of the building. Answered affirmatively. Asked if lowering the wall will impact the screening of the rooftop equipment. Indicated that staff will work with the architect to relocate the mechanical equipment in order to step back that portion of the building--similar to other projects which are adjacent to residential development. Stated that he understands the homeowners' desire to lower the height of the building near the property line, but this should be accomplished without exposing rooftop equipment; and, asked if there will be trees as well as bushes along the main entrance driveway. Stated the plan includes a row of 16 crape myrtles. Minutes - Planning Commission December 10, 2001 - Page 5 Mr. Le Hamilton Mr. Le Hamilton Mr. Le Kozak Mr. Le Davert Director Jasmin Lu, 1147 East First Street Pontious Ashabi Ms. Lu Davert Director Mr. Le Ms. Lu 7:45 p.m. Davert Pointed out that an ADA path of travel is also planned along the west side of the main driveway from Newport Avenue. Asked what hot food services will be provided on the premises. Answered deli products. Asked if there will be cooking on-site. Responded in the affirmative. Asked if the front of the building includes screening for shopping cart collection and stacking. Answered that shopping carts will be stored inside the building. Asked if the Redevelopment Agency is participating in this project. Answered in the negative. Asked if the recycling center will be moved away from the residential area; and, asked if the air conditioner on the building will be as loud as at present and whether hot air will continue to blow toward the residences. Asked if the plans indicate the location of the air conditioner. Replied that staff does not have an exact location for the air conditioner; the recycling center will be adjacent to the flood control district, 250 feet from the residential property line. Disputed this information. Suggested that the air conditioning equipment will be new, quieter, and more efficient; and, noted the parapet walls will screen the equipment, thereby lessening the noise. Noted there can be no increase in the noise level; baffling or noise attenuation techniques will be implemented, if necessary. Responding to Ms. Lu's concern, stated the recycling center will be moved 10 feet toward Newport from the current location; regarding the noise concerns, the mechanical platform will be an air handler providing air conditioning to the main store and will be located inside the building; there will be rooftop-packaged air conditioners, similar to that of a homeowner unit, at the front of the store. Indicated she had misunderstood the recycling location. The Public Hearing closed. Pointed out that this application proves that public input obviously matters, as evidenced by the nine conditions Minutes - Planning Commission December 10, 2001 - Page 6 Jennings Pontious Kozak Hamilton Director Hamilton Davert Hamilton Director Hamilton Director Hamilton Peterson Adopted Resolution No. 3815, as amended that were added; noted this center has been dilapidated for a long time, the area has declined, the Coldwell- Banker building has been decaying, weeds have been allowed to grow; and, indicated this project is a welcome addition to the City, especially since it will be accomplished in the Redevelopment area without the use of any Redevelopment funds. Suggested the lighting will make a big difference in this location. Echoed the comments of Commissioners Davert and Jennings. Referred to homeowners' comments being taken into account; complimented the applicant for being accommodating; and, stated the various improvements will be a welcome addition to the community. Stated his support for this project and his appreciation to the homeowners for coming forward; this is a win-win-win situation for all three parties; and, asked staff if the grease trap for cooking is covered by Condition 2.18. Noted those issues are required by the Uniform Building Code and are included at plan check. Asked, regarding Condition 3.3 requiring the electrical transformer to be located near the interior of the project, if that means the inside of the building. Stated his understanding it would be toward the center of the parking lot as opposed to the borders. Asked if the transformer could be inside the building or towards the back for aesthetic purposes. Stated that safety reasons disallow transformers within the building. Asked, regarding Condition 4.5, if a certain percentage could be more mature trees, similar to what the Planning Commission requested at the First Street carwash site. Noted the landscape plan includes a variety of sizes of trees and shrubs; in addition, Condition 4.7 specifies that the species and size "shall be subject to review and approval by the Community Development Director." Stated there is a trailer in the Costco parking lot; and, asked if Condition 7.5 will prevent such an occurrence at this site. Indicated that is the intent of Condition 7.5. Davert moved to approve staff's recommendation, including the nine additional conditions and other modifications provided by the Director, Kozak seconded. Motion carried 5-0. TENTATIVE PARCEL MAP 2001-235 A REQUEST FOR AUTHORIZATION TO SUBDIVIDE AN EXISTING 0.50 Minutes - Planning Commission December 10, 2001 - Page 7 7:53 p.m. Director Kozak Director Kozak Director Pontious Director Davert ACRE PARCEL INTO TWO PARCELS. THIS PROJECT IS LOCATED AT 12882 ELIZABETH WAY IN THE SUBURBAN RESIDENTIAL (R-4) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3815 recommending that the City Council approve Tentative Parcel Map 2001-235 to subdivide an existing 0.50 acre parcel into two parcels to accommodate an existing single family home and construction of a new single family home; and, Direct staff to analyze and request public input to change the Suburban Residential (R-4) zoned properties along Elizabeth Way to a more restrictive zoning designation. Justina Willkom presented the staff report. Added that Condition 2.3, requiring an irrevocable offer, should be eliminated; in the event individuals adjacent to the private drive areas approach the City in the future, it is anticipated that 100 percent will come forward to bring the roadway up to City standards or allow it to be brought up to City standards before an application would be accepted; singling out this applicant is unnecessary; the proposed home will be setback a sufficient distance from the ultimate right-of-way or roadway line. Asked, regarding an irrevocable offer of dedication, if installation of a curb and gutter would be required. Answered a curb and gutter would be required if the roadway was accepted as the City's public right-of-way; most of the roadway currently meets City standards. Asked if Action No. 2 reflects discussion from the Study Session held November 13, 2001. Responded affirmatively; and, added the property owners within that area would be surveyed to make sure they understand what is allowed now and what they would be restricted from doing if the zoning designation were to change, and, if appropriate, the Public Hearing process would follow, wherein the Planning Commission would make a recommendation to the City Council. Asked if the City's outreach would include research to find similar areas of the City and whether a single action would cover all the problem areas. Indicated that staff is proceeding with the Zoning Code update which will identify and correct those areas. Noted that these applicants were hampered by an unfortunate situation involving inconsistencies in the Zoning Code and land use designation; and, thanked Gail Verst and Robin Lang for responding to the public input and revamping their plan to be more consistent with the neighborhood. Minutes - Planning Commission December 10, 2001 - Page 8 Chad Hundeby, 12881 Elizabeth Way Pontious Kozak Jennings Hamilton 8:00 p.m. Adopted Resolution Nos. 3816 and 3817, as amended 8:01 p.m. Dana Ogdon Karen Peterson Stated that this project will be compatible with the rest of the neighborhood; and, asked if the private roadway easement was no longer an issue. Responded affirmatively. Stated this project is another example of productive communication between the City and its residents. Suggested the new home will upgrade the neighborhood. Noted his support is based upon the lack of opposition to this project, a testament to everyone working together. The Public Hearing closed. It was moved by Davert to accept staffs recommendation, including the removal of Condition 2.3, seconded by Jennings. Motion carried 5-0. CONDITIONAL USE PERMIT 01-030 AND DESIGN REVIEW 01-037 FOR AUTHORIZING CONSTRUCTION OF A 43,000 SQUARE FOOT BUILDING FOR ADMINISTRATIVE OFFICES, WAREHOUSE, DINING ROOM, AND FOOD PREPARATION AREA AND A 7,930 SQUARE FOOT BUILDING FOR AN AUDITORIUM AND OFFICES FOR THE PURPOSE OF OPERATING A TRANSITIONAL HOUSING FACILITY IN CONJUNCTION WITH TWO EXISTING DORMITORIES. THIS PROJECT IS LOCATED AT 15635 AND 15685 LANDSDOWNE IN THE PUBLIC AND INSTITUTIONAL ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: Adopt Resolution No. 3816 approving the environmental documentation for the project. Adopt Resolution No. 3817 approving Conditional Use Permit 01-030 and Design Review 01-037. The Public Hearing opened. Presented the portion of the staff report relating to the marine base closure process. Presented the portion of the staff report relating to this project, indicating there was a minor change (brought to staffs attention by Commissioner Kozak) to Section III of Resolution No. 3816, clarifying that the Planning Commission is adopting what the Council adopted; the applicant requested one change to Resolution No. 3817 regarding Condition 2.3 dealing with obtaining Orange County Health Care Agency approval prior to issuance to building permits; the Building Official will require the applicant to submit a letter stating that plans will be submitted to the Orange County Health Care Agency and approval obtained prior to issuance of a Certificate of Use and Occupancy. Minutes - Planning Commission December 10, 2001 - Page 9 Davert Peterson Bill Hammede, 17611 Chatham, a former Commander at MCAS Tustin Jim Palmer, applicant Hamilton Mr. Palmer Pontious Davert Jennings Palmer Jennings Peterson 8:19 p.m. Davert Suggested that the chain link fence surrounding the Base will disappear at some point; and, asked if there is a way to avoid installation of another chain link fence on this property. Noted that Condition 2.8 was intended to be flexible in terms of the applicant being able to protect the site. Stated he wanted to be present on this historic occasion to share his enthusiasm for the project and his appreciation for the hard work the City staff and Jim Palmer have put into moving this project forward. Thanked staff for their work on this application; provided a packet of information for each Commissioner; and, stated his understanding that the chain link fence would exist only during the construction period. Asked Mr. Palmer about the radio spot that refers to "changing people's lives"; pointed out that Condition 3.1 seems to state that the mission is the provision of transitional housing; and, asked Mr. Palmer is he is comfortable with that language because there is a big difference between "changing people's lives" and providing transitional housing. Answered there are several legal documents surrounding this project which outline more specifically the different programs that will be available at this facility; and, stated that the applicant is comfortable with the deed and the draft long-term lease agreement that describe the activities. Noted that the application is broad to allow for additional authorizations for other programs. Remarked that Federal law governing base closures limits the Planning Commission's authority to further define the parameters of the project. Pointed out that if one is homeless, chances are transitional housing can change one's life; and, asked if the planned auditorium would be available for outside functions. Responded that parking would be the problem; the project was originally estimated to be seven acres and has been downsized to 5.1 acres; this only allows parking for services on-site; part of the plan includes church pastors, chaplains, and lay people coming in to speak to the residents of the Village; there might also be opportunities for audio-visual presentations by high schools, high school graduations, etc. Asked how many seats there will be. Answered 288. The Public Hearing closed. Stated the approval of this project may be the most exciting moment of his tenure as a Planning Minutes - Planning Commission December 10, 2001 - Page 10 Pontious Kozak Hamilton Peterson Continued to February 11,2002 Director Commissioner and long-time resident of Tustin; expressed his enthusiasm for a project that will serve a tremendous need not only in Tustin but throughout the County; and, thanked Jim Palmer for his devotion to this project and his tenacity in making it happen. Stated that it is good that other factors involving the Base will not hold up this project. Echoed the comments of Commissioners Davert and Pontious; referred to the Planning Commission and staff tour of the facility given by Jim Palmer some time ago; noted the change in the structure is symbolic of the change the program can bring to the lives of the people participating; and, complimented all the architects, engineers, and others who donated their expertise to help make this project a reality. Stated he recently saw a homeless person within the City; noted homelessness knows no boundaries; wished Jim Palmer good luck in all the aspects of his involvement; and, suggested the Planning Commissioners themselves should volunteer at some point. Read the revision to Condition 2.8. It was moved by Davert, seconded by Hamilton, to adopt Resolution Nos. 3816 and 3817, as amended. Motion carried 5-0. REVOCATION OF DESIGN REVIEW 98-036 WHICH AUTHORIZED THE CONSTRUCTION OF A 4,770 SQUARE FOOT ONE-STORY MEDICAL/DENTAL OFFICE BUILDING AND A 2,726 SQUARE FOOT ONE- STORY MEDICAL/DENTAL OFFICE BUILDING. THIS PROJECT IS LOCATED AT 12569 NEWPORT AVENUE IN THE PLANNED COMMUNITY ZONING DISTRICT. It was moved by Kozak, seconded by Davert, to continue this item to February 11,2002. Motion carried 5-0. REGULAR BUSINESS - None Report on Actions taken at the November 19, November 27, and December 3, 2001, City Council meetings. STAFF CONCERNS Stated the City Council heard and seconded the Ordinance for aboveground utility facilities. Reported that two additional property owners have entered into Mills Acts contracts which provide property tax reductions for historic properties. Noted the City Council had first and second reading for the Ordinance to establish sign removal cost recovery. Reported that Jeffery Thomas is the new mayor; Tracy Wills Worley is Mayor Pro Tem. Minutes - Planning Commission December 10, 2001 - Page 11 Director Jennings Director Davert Kozak Hamilton Stated the contract has been awarded for the Old Town streetscape improvements. This will be a six-month project beginning in January 2002. Wished everyone a happy holiday season. COMMISSION CONCERNS Thanked staff for their hard work on tonight's agenda items, especially the Village of Hope. Thanked the City for the tree-lighting ceremony in Old Town; it was a special holiday event, well attended by the community. Reported that the mailboxes in front of the apartments on Wass are covered with graffiti; and, asked if the City or the Post office is responsible for correcting this problem. Answered that code enforcement will follow up on this. Echoed Commissioner Jennings' remarks regarding the tree-lighting ceremony. Stated that the Tustin Old Town Association will hold a holiday street fair December 15th; and, invited everyone to attend. Noted that his home was among those selected by Tustin Pride as a holiday decorations winner. Offered his congratulations to Mayor Thomas and Mayor Pro Tem Wodey. Stated that the merchants of Old Town are excited about the streetscape project. Stated that the Tustin Old Town Association was rejected for the certified Main Street designation due to some rule changes but will resubmit this year and anticipates certification this time. Wished everyone happy holidays. Stated on the east side of the intersection near Sixth Street and Newport the Newport Avenue sign and the cross street sign lights are out. Thanked staff for their hard work on tonight's agenda items. Thanked Chairperson Pontious for the smooth handling of tonight's meeting. Offered congratulations to Mayor Thomas and Mayor Pro Tem Wodey. Wished everyone a Merry Christmas and Happy New Year. Stated his appreciation for staffs work on the Village of Hope application; and, indicated he believes this project will have a positive impact on the Tustin community. Minutes - Planning Commission December 10, 2001 - Page 12 Hamilton Pontious 8:34 p.m. Congratulated the new Mayor and Mayor Pro Tem. Wished everyone a Merry Christmas. Noted this was a momentous meeting, after a lot of hard work by staff and Jim Palmer, and a wonderful way to end the year. Thanked staff for their hard work throughout the year. Wished everyone happy holidays. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Monday, January 14, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary ~'esl~e A. Pontious '" Chairperson Minutes - Planning Commission December 10, 2001 - Page 13