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HomeMy WebLinkAboutPC Minutes 02-26-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 26, 2001 A PLANNING COMMISSION WORKSHOP WAS HELD AT 6:00 P.M. IN THE COUNCIL CHAMBERS CONFERENCE ROOM TO DISCUSS THE CITY'S DRIVEWAY STANDARDS, GENERAL PLANS, AND SPECIFIC PLANS. 7:08 p.m. Given All present Staff present Approved 7:10 p.m. Ludi Bell CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS - None CONSENT CALENDAR APPROVAL OF MINUTES - FEBRUARY 12, 2001, REGULAR MEETING It was moved by Bell, seconded by Pontious, to approve the Minutes of the February 12, 2001, Regular Meeting. Motion carried 5-0. PUBLIC HEARINGS Continued public hearing for Conditional Use Permit 00-025 for authorization to amend Conditional Use Permit 98-024 that established a master sign program for Enderle Center. This project is located at 17260 East Seventeenth Street in the Planned Community Commercial (PC-COMM) zoning district. Recommendation: That the Planning Commission take action as deemed appropriate. The Public Hearing opened. Presented the staff report. DISCUSSION Stepped down from the dais to avoid a potential appearance of preference; she works in the office building adjoining this location. Minutes - Planning Commission February 26, 2001 - Page 1 Jennings Ed Soltis, applicant's representative Al Enderle, representing Enderle Center Gary Karamardian, representing Zov's Inc. Bistro, Patrick McGorky, El Torito Restaurant representative Pontious Mr. McGorkey Chairman Mr. McGorkey Mr. Soltis Kozak Mr. Soltis Indicated she has had several conversations with Zov's representatives about problems relating to this issue; asked staff if their recommendation involves removing three signs if Enderle Center wants to keep the two white monument signs; and, stated that Mr. Soltis agreed to the 1998 permit which required the six signs be removed within 12 months. Noted his efforts to gain cooperation from Mr. Allen, owner of the Cavalcade Building; stated Zov's representatives were present; and, suggested Mr. Enderle come to the podium. Stated that signage is connected to tenant leases; any required changes will have to be addressed through individual tenants; the existing signs are not aesthetically displeasing, given other signage in the City. Stated that Zov's would not have agreed to the 1998 permit if they had known the monument signs might have to come down; and, asked that the Commission take into consideration how vital the signs are to Zov's. Challenged staff's differentiating between the "long- term lease" of the Cavalcade Building, considering that El Torito's lease and sign have existed since 1978; referred to Condition 2.5 of Resolution No. 3630 stating the Community Development Director could exempt the existing monument signs that are compatible with the Center sign; and, asked for an opportunity to submit a new design for upgrading the existing El Torito monument. Asked if El Torito would consider combining with Hof's Hut. Answered that El Torito would prefer a single-tenant monument sign; stated that, if the Planning Commission requires the sign be removed, El Torito will suffer a loss in revenue and will look to other entities for reimbursement; and, asked for an opportunity to present a design that will meet all the objectives. Inquired whether or not El Torito would be amenable to a sign similar to the Hof's Hut monument. Answered affirmatively. Indicated that Chin's has been trying to get signage on 17th Street and suggested perhaps Chin's and El Torito could reach agreement for sharing a monument; and, reiterated his difficulties in dealing with the present lessee of the Cavalcade Building. Emphasized that it is not the Planning Commission's intent to pose an economic threat to any tenants in Enderle Center. Stated that the owner of the Cavalcade parcel has threatened legal action if he is to be adversely affected. Minutes - Planning Commission February 26, 2001 - Page 2 Kozak Mr. Soltis Kozak Mr. Soltis Kozak Miller Mr. Soltis Pontious Mr. Soltis Pontious Mr. Soltis Pontious Asked Mr. Soltis if his earlier comment referred to 17th Street exposure for Chin's Restaurant. Answered affirmatively. Asked Mr. Soltis if the existing sign on Enderle Center Drive would then be removed. Indicated his idea was combining it with the El Torito sign in the existing position. Suggested a monument sign at 17~ and Enderle Center Drive consolidating signs 2, 3, and 4 and Chin's. Asked if each tenant owns the individual signs. Answered affirmatively. Asked for the time frame of the Cavalcade long-term lease. Answered the lease expires in 2023. Stated that it was the understanding of the Planning Commission in granting the 1998 permit that Mr. Soltis would work with Mr. Allen to remove the unpermitted signs; and, emphasized that the Commission wants Enderle Center to succeed. Restated endeavors he, the Director, and the City Manager have made to resolve this the conflict with Mr. Allen. Stressed it would be in Mr. Allen's interests to redesign those three signs because present signs are hard to see, are unappealing, and do not draw people into the Center. Jennings Mr. Soltis 7:40 p.m. Miller Director Miller Asked if Mr. Soltis discussed with Mr. Allen the possibility of a monument sign. Answered that Mr. Allen wants Enderle Center to pay for any new signage. The Public Hearing closed. Asked staff if redesigning the El Torito sign would require a change in the size. Responded that the Center presently has more signs and sign area than would normally be allowed; anything the Commission might grant would be an exception to the Code; and, stated the goal is harmony, symmetry, and compatibility. Stated he lives near the Center and has never been offended by the signs; he considers the Center an asset to the neighborhood; the Center is competitive with Fashion Island, Main Place, and South Coast Plaza; and, he supports staff's first alternative to amend the Master Sign Plan and allow the signs to remain. Minutes - Planning Commission February 26, 2001 - Page 3 Pontious Jennings Kozak Miller Jennings Kozak Pontious Director Bell Indicated support for combining Chin's and El Torito, but waiting until 2023 to correct signs 2, 3, and 4 would be impractical; and, requested the Commission take action to implement the 1998 permit. Stated her belief that the intent of the 1998 permit was clear; the burden falls on Enderle Center to implement that agreement; more signs are unwelcome as that would allow other centers to use Enderle as an example for more signage in their centers. Stated his support for consolidation of signs 2, 3, and 4, updating the El Torito sign; suggested Zov's sign on Enderle Center Drive, number 5, be exempted from removal; and, suggested the Chin's sign on Enderle Center Drive be renovated in a manner consistent with sign 5. Noted there are several personalities involved; for example, the color red has special meaning for the Chinese; agreed with the consolidation of businesses on a monument sign at 17th and Enderle Center Drive; expressed concern regarding the cost involved; and, indicated his acceptance if the proposal is time uncertain. Asked if the Chairman was suggesting a monument sign on the corner of 17t~ and Endercle Center Drive for Platinum, Shoshana, Cavalcade, and Chin's with the removal of the Chin's large sign. Clarified that his suggestion was the Chin's sign be replaced with a sign similar to existing sign number 5. Asked if this could be structured, rather than time uncertain, "as soon as possible but no later than." Suggested continuing this item for six weeks to allow staff to meet with the tenants to discuss the various ideas proposed this evening. It was moved by Pontious, seconded by Jennings, to continue this item to the April 9, 2001, Planning Commission meeting. Motion carried 4-0. Bell abstained. Returned to the dais. Continued Conditional Use Permit 00-015 and Design Review 00-022 a request for authorization to construct a major wireless communication facility. This project is located at 2929 Edinger Avenue in the Planned Community - Industrial District (PC-IND) zoning district. Recommendation: That the Planning Commission adopt Resolution No. 3771 denying Conditional Use Permit 00-015 and Design Review 00-022. Minutes - Planning Commission February 26, 2001 - Page 4 8:00 p.m. Ludi Director Miller Staff Jennings Saundra Jacobs, representative for Sprint PCS Gregory W. Sanders Miller Mr. Sanders Director The Public Hearing opened. Presented the staff report. Noted the applicant would be speaking but had approached staff before the meeting to request a continuance; and, recommended that the Commission conduct the Public Hearing, then decide whether or not to continue the item. Asked if there is only one choice of fiberglass material. Answered there is only one type of material that radio frequencies can penetrate; perhaps the applicant would be better able to answer that question. Asked for a definition of a dog house. Introduced herself and stated that Greg Sanders, Sprint attorney, would speak for the applicant. Stated his belief that Sprint's application has been recommended for denial without a fair public hearing; asked for a 30-day continuance to work with staff to reach an impartial analysis of Sprint's proposal; and, requested an impartial staff presentation before the Planning Commission. Asked whether Sprint can return to the Commission with a more stucco-like material in place of the fiberglass; and, stated, based on his experience, the photo-simulation does not reflect the actual height of the proposed addition. Responded that applicant will reconsider those items and attempt to find something more pleasing; stated that in order for signals to penetrate, the material must be porous; and, clarified that "dog house" is engineering jargon for the shed which contains the communication equipment. Clarified misrepresentations suggested by Mr. Sanders; stated that staff makes recommendations to the Commission; various proposals have come before the Planning Commission with a recommended action, which the Commission has changed; staff identified in two different correspondences (September 20 and October 20, 2000) that were not provided to the Planning Commission in which staff stated the proposal was not consistent with the intent of the ordinance; staff needed a certain amount of information to bring before the Commission for the Commission to make an informed decision; staff agreed to disagree with the applicant to move the project to public hearing, thereby giving staff and the applicant an opportunity to present both sides; if the Commission were to find that the proposal was consistent with the overall policy and intent of the ordinance and wanted to approve the project, staff would need to prepare the appropriate environmental documents; noted staff can work with the applicant to overcome dropped areas at this location; staff would like to accomplish coverage Minutes - Planning Commission February 26, 2001 - Page 5 Kozak Director Kozak Continued Continued o because it does benefit the City's businesses and the general community; the Planning Commission is the hearing body required to hear the facts and make a determination based on those facts; if it is the Commission's desire to continue this item for thirty days, staff will meet with the applicant to attempt resolution of the issue and bring it back to the Commission. Asked if there is a City requirement that applicant demonstrate why two cell sites could not be accomplished. Responded that would be appropriate. Suggested continuing this item to allow staff and applicant to address all the issues raised, including a line-of-sight presentation from where a car or pedestrian would view the facility from Edinger; and, suggested perhaps a cornice or some other elevation on the outside parapet of the building would soften the appearance. It was moved by Miller, seconded by Pontious, to continue this item to the March 26, 2001, Planning Commission meeting. Motion carried 5-0. Conditional Use Permit 00-034 a request for authorization to operate a gymnasium/learning center for children and parents. This project is located at 13112 Newport Avenue, Suite I, in the Planned Community Commercial (PC-C) zoning district. Recommendation: That the Planning Commission continue Conditional Use Permit 00-034 to the March 12, 2001, Planning Commission meeting. It was moved by Kozak, seconded by Jennings, to continue this item to the March 12, 2001, Planning Commission meeting. Motion carried 5-0. REGULAR BUSINESS Continued Design Review 01-001 a request for authorization to repaint the building exterior including the fascia, parapet walls, and wainscot with peach and orange colors. This project is located at 1091 Old Irvine Boulevard within the C-1 Retail Commercial zoning district. Recommendation: That the Planning Commission continue Design Review 01-001 to the March 12, 2001. Minutes - Planning Commission February 26, 2001 - Page 6 Director reported Pontious Miller Kozak 8:30 p.m. It was moved by Miller, seconded by Bell, to continue this item to the March 12, 2001, Planning Commission meeting. Motion carried 5-0. STAFF CONCERNS The City Council adopted Resolution No. 01-15 reallocating CDBG funds from slower moving activities to more active projects. COMMISSION CONCERNS Thanked staff for the workshop. Indicated the awning at Bagel Me is getting worse. Thanked staff for the workshop. Echoed comments regarding the workshop. Thanked staff for their work on the agenda items. ADJOURNMENT It was moved by Jennings, seconded by Pontious, to adjourn. The next regular meeting of the Planning Commission is scheduled for Monday, March 12, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission February 26, 2001 - Page 7