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HomeMy WebLinkAboutPC Minutes 08-09-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 9, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious ROLL CALL: Chairperson Pontious, Bell, Davert, Kawashima and Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were addressed. CONSENT CALENDAR: 1. Minutes of the July 12, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the minutes. Motion carried 4-0. REGULAR BUSINESS 2. Seating of Commissioner Bell New Commissioner Cheryl Bell was sworn in on the Commission. 3. Planning Commission Reorganization Recommendation - That the Planning Commission follow procedures contained in the staff report to elect a Chairperson and Chairperson Pro-tem. Chairperson Pontious opened nominations for Chairperson of the Planning Commission. Commissioner Davert nominated Commissioner Kozak to serve as Chairperson. There were no further nominations. Motion carried 5-0. Commissioner Kawashima nominated Commissioner Davert to serve as Chairperson Pro-Tem. There were no further nominations. Motion carried 5-0. PUBLIC HEARINGS: 4. Continued Public Hearinq for Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(B) a request for a conditional use permit and sign code exception to install one (1) freestanding freeway sign, forty-five (45) feet in height with a 120 square foot sign cabinet. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2). OWNER/: APPLICANT: EDGAR PANKEY TRUST KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA Planning Commission Minutes August 9, 1999 Page 2 Recommendation Adopt Resolution No. 3686 approving Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(B) to authorize the construction of a freestanding freeway sign, forty-five (45) feet in height, with a fifty (50) square foot sign cabinet for a future fast food restaurant located at 13922 Red Hill Avenue. Bradley Evanson presented the subject report. The Public Hearing opened at 7:07 p.m. Marshall Wilkinson, applicant, stated his agreement on the 45 foot height requirement for the sign and indicated that the 50 square foot sign cabinet is not large enough for their needs and requested an 80 square foot cabinet would be better. The Public Hearing closed at 7:13 p.m. Commissioner Davert noted that he met with the applicant last week and looked at the photo simulations and felt staff's recommendation is appropriate. Commissioner Pontious stated her agreement that 50 square feet is appropriate. Commissioner Kawashima stated his agreement that to approve anything larger would set a precedent. Commissioner Bell noted that she listened to the minutes from the previous meeting and stated her agreement with the other Commissioners. Commissioner Davert stated that the Commission needs to be consistent and fair with developments along freeways. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3686 approving Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(B) to authorize the construction of a freestanding freeway sign, forty-five (45) feet in height, with a fifty (50) square foot sign cabinet for a future fast food restaurant located at 13922 Red Hill Avenue. Motion carried 5-0. Appeal Of Use Determination 99-002 a request to establish agricultural uses within the Regional Center and the Office Center land use designations of the Pacific Center East Specific Plan (PCESP). The project is located at the northeast corner of Valencia Avenue and SR-55 within the Planned Community (PC) subject to the Pacific Center East Specific Plan (PCESP). APPELLANT: A.G. KAWAMURA PROPERTY OWNER: AAE PACIFIC PARK ASSOCIATES, LLC Recommendation That the Planning Commission adopt Resolution No. 3685 denying the appeal of Use Determination 99-002 and determining that agricultural uses are prohibited within the "Regional Cente¢' and "Office Cente(' land use designations of the Pacific Center East Specific Plan. The Public Hearing opened at 7:16 p.m. Bradley Evanson presented the subject report. Planning Commission Minutes August 9, 1999 Page 3 Commissioner Davert asked the Director if the Commission could consider amending the specific plan. The Director stated that the issue before the Commission is a Use Determination and the Commission should look at this use and compare it to the other uses that are allowed in the specific plan and make a rational relationship that this use is very similar to another use or implements the goals and policies of the specific plan. Staff does not believe that the proposed use implements or is a similar use to any other use found in the specific plan. Commissioner Davert asked if the Commission were to draw a nexus would requiring the applicant to comply with dedication requirements, codes and grading and infrastructure codes be part of their decision. The Director stated that if the Commission were to make the nexus that it is an acceptable use and the Commission were to look at it as a long-term established use, staff would recommend that a specific plan amendment be proposed. Chairperson Kozak asked what the timeline would be for a specific plan amendment. The Director responded that a specific plan amendment for this area would be extensive because there are significant infrastructure improvements, traffic impact fees, development standards that were established as part of the specific plan. The specific plan in this area operates as a policy, regulatory and an environmental document. A comprehensive review of the documents would be required. A.G. Kawamura, appellant, stated he is a LLC member of Orange County Produce and noted that he must comply with EPA and AQMD regulations. The Public Hearing closed at 7:33 p.m. Commissioner Davert stated that he has no objections to agricultural uses but noted that prior Councils and Commissions enacted the Specific Plan and he does not wish to undermine the specific plan but asked if there is a way to allow the use on a portion of the property. The Director stated that the Commission would need to make appropriate findings to allow the use, regardless of the allotted area. Commissioner Pontious noted that this is a policy issue that should be addressed by the City Council; however, she felt there was not a nexus. Chairperson Kozak noted his concern regarding a similar use. Commissioner Davert asked what options are available to the appellant. The Director responded that the appellant has appeal rights to the City Council or the property owner could propose a specific plan amendment. The Public Hearing was re-opened at 7:38 p.m. A.G. Kawamura, appellant, stated that he is prepared to take the issue before the City Council and noted that he could change the term agriculture to edible landscaping to circumvent the zoning issue. The Director stated that the issue is not agricultural versus landscaping uses. The issue is whether or not the use is similar to other uses and/or furthers the intent of the specific plan. She cited that if, for example, Rogers Gardens wanted to establish there, that use would not be in keeping with and further the intent of the specific plan. Planning Commission Minutes August 9, 1999 Page 4 Commissioner Davert asked the Director how the specific plan would be affected if the Commission were to allow the use for Mr. Kawamura because they felt partial to him and wanted to see the use. The Director stated that findings would need to be made to support the request. A.G. Kawamura, appellant, cited agricultural uses in the City on the Marine Corps base and at Sixth Street. The Director responded that the MCAS Tustin leases were negotiated by the Federal government and the property at El Camino Real and Sixth Street is under a different zoning designation and is not part of a specific plan. A.G. Kawamura asked if the nursery use formerly at Edinger Avenue was allowed prior to the specific plan. The Director responded that the discontinued use in question was non-conforming. Non- conforming uses may continue as long as they are in operation on an on-going basis. Once discontinued, the use may not be reestablished. The Director further noted that various users have wished to establish at 1200 Edinger and upgrade the building but the building is considered non-conforming and the only thing that would typically be allowed is repair of the facilities to ensure that it is maintained in a safe manner. The Public Hearing closed at 7:44 p.m. Commissioner Pontious noted that she was on the Planning Commission the Pacific Center East Specific Plan was adopted and a lot of thought was given to the plan. Commissioner Pontious moved, Commissioner Davert seconded., to adopt Resolution No. 3685 denying the appeal of Use Determination 99-002 and determining that agricultural uses are prohibited within the "Regional Center" and "Office Center" land use designations of the Pacific Center East Specific Plan. Motion carried 5-0. STAFF CONCERNS: Report on Actions taken at the July 19 and August 2, 1999 City Council Meetings Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert Congratulated Cheryl Bell on her appointment to the Planning Commission. Commissioner Pontious Welcomed Cheryl Bell to the Planning Commission and stated she would be a great addition. Commissioner Kawashima Asked if staff was responsible for code enforcement of restaurants and noted that the Dairy Queen in the Tustin Market Place was very dirty. The Director responded that she would refer the matter to the County Health Department. Planning Commission Minutes August 9, 1999 Page 5 Inquired about the height of the Bally's sign. The Director stated that the sign was a legal non-conforming sign and could remain as long as no significant structural changes are proposed. Chairperson Kozak Congratulated and welcomed Cheryl Bell to the Planning Commission and thanked Leslie Pontious for her year as Chairperson. ADJOURNMENT: Commissioner Davert moved, Commissioner Kawashima seconded, to adjourn at 7:54 p.m. to a special Planning Commission workshop on August 11, 1999 at 5:30 p.m. and the 7:00 p.m. Special Joint Meeting with the U.S. Navy for the MCAS Tustin Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for disposal and reuse of the Marine Corps Air Station (MCAS) Tustin. Motion carried 5-0. A regular meeting of the Planning Commission will be held on August 23, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Chairperson Elizabeth A. Binsack Planning Commission Secretary