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HomeMy WebLinkAboutPC Minutes 07-12-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 12, 1999 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Commissioners: Present: Absent: Staff: 7:02 p.m., City Council Chambers Commissioner Kawashima Chairperson Pontious, Browne, and Kozak Davert, Kawashima Chairperson Pontious Vice Chair Kozak Browne Davert Kawashima None Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Douglas Anderson, Senior Project Manager - Traffic Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary 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 June 28, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the minutes. Motion carried 5-0. PUBLIC HEARINGS: Public Hearing For Conditional Use Permit 99-002, Desiqn Review 99-001 and Sign Code Exception 99-001 a request to establish a 3,322 square foot fast food restaurant with drive-thru operations. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2) Zoning District. APPLICANT: KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA PROPERTY OWNER: EDGAR PANKEY TRUST Recommendation That the Planning Commission adopt Resolution No. 3680 approving the environmental documentation; and, Planning Commission Minutes July 12, 1999 Page 2 That the Planning Commission adopt Resolution No. 3681 approving Conditional Use Permit 99-002, Design Review 99-001 and Sign Code Exception 99-001. The Public Hearing opened at 7:04 p.m. Bradley Evanson presented the subject report and noted changes made to the resolutions. Marshall Wilkinson, applicant, stated that the property is challenging to develop but he is pleased with the design. He stated his desire to have no restrictions placed on the hours of operation. Chairperson Pontious asked staff if the hours could be amended at a later date. The Director responded that a portion of the conditional use permit could be amended. Marshall Wilkinson, applicant, stated that it would be logical to have a 24 hour operation next to the freeway. He stated their desire to locate the trash enclosure at the rear service door of the restaurant and would use landscaping to screen it from view. He asked the Planning Commission to consider delaying a decision on the pole sign. Commissioner Kozak asked the applicant if he considered placing the trash enclosure elsewhere on the site. Marshall Wilkinson, applicant, stated he had considered placing the trash enclosure at the far east end of the lot. Commissioner Kozak asked if a portion of the enclosure wall would be set in the berm. The applicant submitted photos for the Commission's review. Marshall Wilkinson, applicant, responded that there was no room for a berm and noted that Cai Trans will be taking property from the southeast corner to expand the freeway offramp. Commissioner Kawashima asked if trash trucks would be a disturbance to customers with the trash enclosure at the proposed location. Marshall Wilkinson, applicant, replied that the trash trucks would be scheduled during the time the restaurant is closed. Commissioner Browne asked how far above the berm the trash enclosure is set. Marshall Wilkinson, applicant, stated that the six foot cement block wall would be adjacent to the future sidewalk. The Public Hearing closed at 7:19 p.m. Commissioner Davert stated he met with the applicant and believes having the trash enclosure by the back door is the best solution and he is comfortable with the proposal to screen the trash enclosure. Chairperson Pontious asked if the landscaping could be conditioned and asked for photo simulations on the pole sign. The Director responded that Condition 4.1.2 could be modified to indicate that the trash enclosure shall be submitted for review by the Community Development Department for materials and screening. Commissioner Davert stated the photo simulations showing the sign at various heights would be helpful. Planning Commission Minutes July 12, 1999 Page 3 Commissioner Kawashima asked for the background on previously approved signs in the area. Bradley Evanson responded that the Taco Bell sign was approved as a sign code exception in 1995 and the Cad's Jr. sign was also a sign code exception. The Director noted that the Planning Commission should consider visibility and the differential of lots with respect to the freeway and suggested the applicant could provide a photo simulation depicting the visibility if the sign met the code or how high it would need to be to be visible. Commissioner Browne asked staff if a curb might encourage traffic to turn right. Doug Anderson stated that in the traffic analysis splitting the traffic between the two intersections worked best for the on-site circulation. Commissioner Kozak asked if it would be helpful for the applicant to install a right turn only sign and asked if the landscaping plan addresses public trees. Bradley Evanson stated that the plan does not include plants in the public right of way. The applicant indicated that they did not have a problem with installing a right turn only sign. The Director recommended that if there is consensus on the remaining aspects of the project that the Planning Commission exclude references to the pole sign from the resolution and continue that portion of the hearing to August 9"'. Commissioner Davert moved, Commissioner Kozak seconded, to adopt Resolution No. 3680 approving the environmental documentation for Conditional Use Permit 99-002, Design Review 99-001 and Sign Code Exception 99-001. Motion carried 5-0. Commissioner Kozak moved, Commissioner Davert seconded, to adopt Resolution No. 3681 approving Conditional Use Permit 99-002, Design Review 99-001 and a portion of Sign Code Exception 99-001, amended as follows: Throughout entire resolution, where numbers are indicated, written format should be inserted and parentheses added around the numerical form. Heading statement: third line, delete "A PORTION OF"; seventh line delete "AND DENYING A PORTION OF SIGN CODE EXCEPTION 99-001, A REQUEST TO CONSTRUCT A FIFTY (50) FOOT TALL 180 SQUARE FOOT FREEWAY SIGN" I.A: Sign Code Exception 99-001 becomes Sign Code Exception 99-001(A); sixth line delete "and a single fifty (50) foot high pole sign" I.D. 3): 10:00 a.m. becomes 6:00 a.m. F.1. delete second paragraph which starts "The proposed location of the pole sign..." F.2: delete "The proposed pole sign appears out of scale with the proposed project." F.3: delete "pole and" F.4: delete second paragraph starting "The proposed fifty (50) foot tall pole sign..." F.5: Delete second sentence in second paragraph "The proposed pole sign..." I1.1: Conditional Use Permit 99-002 becomes Conditional Use Permit 99-002(A) Planning Commission Minutes July 12, 1999 Page 4 11.2: Sign Code Exception 99-001 becomes Sign Code Exception 99-001(A) 11.3: deleted in its entirety Condition 1.4: CUP 99-002 becomes CUP 99-002(A) and SCE 99-001 becomes SCE 99-001(A) Condition 2.1.D: delete second sentence "Expanded information..." Condition 3.1: delete "and the proposed freeway sign shall be eliminated from the sign plans" Condition 4.12 changed to read: "The landscape screening and architectural design of the trash enclosure shall be subject to approval by the Community Development Department." Condition 4.14: second sentence inserted to read: "In addition to the directional striping on the plans, a right-turn only exit sign shall be installed at the end of the drive-thru aisle subject to review and approval by the Community Development Department and the City's Traffic Engineer." Condition 4.15: first sentence deleted "A preview board..." Condition 4.16 changed to read: "The property owner shall dedicate a parcel twelve (12) feet of additional street right-of-way along El Camino Real from the existing end curb return (ECR) at the southeast corner of Red Hill Avenue and El Camino Real to the easterly boundary of the subject property, plus an additional parcel for the appropriate corner cut-off from the existing begin curb return (BCR) to the existing ECR at the southeast corner of Red Hill Avenue and El Camino Real for future street widening. Provide legal descriptions and sketches as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. These legal descriptions and sketches are to be submitted to the Engineering Division for review and approval prior to issuance of building permits. All dedications and/or offers of dedication shall also state that the City of Tustin shall be permitted to obtain, at no cost, a right-of-entry for all on-site joins when the ultimate street improvements are constructed. The right-of-entry shall terminate on the date that the Notice of Completion of Public Improvements is recorded at the Orange County Recorder's Office." Motion carried 5-0. The Public Hearing was reopened at 7:29 p.m. Commissioner Kozak moved, Commissioner Davert seconded, continue the pole sign issue to the August 9, 1999 meeting. Motion carried 5-0. Public Hearing For Conditional Use Permit 99-013 And Design Review 99-001 are requests to: 1) expand an existing supermarket into 3,200 square feet of existing vacant space and to construct an additional 8,200 square feet of new floor area; and, 2) establish shared parking requirements for the Larwin Square shopping center. The project is located at 550 E. First Street within the First Street Specific Plan. APPLICANT/ JEFF HERBST MCA ARCHITECTS, INC. PROPERTY OWNER: LARWIN SQUARE MANAGEMENT Recommendation That the Planning Commission adopt Resolution No. 3683 approving the environmental determination for the project; and, Planning Commission Minutes July 12, 1999 Page 5 2. That the Planning Commission adopt Resolution No. 3684 approving Conditional Use Permit 99-013 and Design Review 99-019. The Public Hearing opened at 7:30 p.m. Bradley Evanson presented the subject report and noted some changes made to the resolutions. Commissioner Davert asked if Condition 4.1.6 should be deleted. Bradley Evanson responded affirmatively. Chairperson Pontious asked where the trash enclosures were located. Bradley Evanson responded that trash enclosures were not included as part of the site plan but as part of project review and approval they will have to be approved by Great Western Reclamation and sited to allow for appropriate screening and emergency vehicle access. Chairperson Pontious asked if the trash enclosure location be conditioned. The Director read new language for Condition 4.1.6 into the record. Commissioner Kozak asked if elevation changes could be made to beautify the fiat block wall by adding texture. The Director indicated that staff could work with the applicant on the appearance of the wall but indicated that the wall is adjacent to a service road. Jeff Herbst, applicant, asked if Condition 3.1 could be deleted since new signs are not being proposed. The Director indicated that Condition 3.1 could be deleted. Chairperson Pontious asked if the condition could be amended to apply to new signage only. Jeff Herbst, applicant, asked if Condition 4.1.0 related to downspouts applies to the existing downspouts on the fa(;ade. The Director indicated that the condition applies to any new downspouts. Jeff Herbst, applicant, noted that Condition 4.1.2 conflicts with Safeway's prototypical corporate theme for the entry which encourages customers to enter nearest the produce department. Chairperson Pontious stated that the center is eclectic in nature and the entries do not appear to be too unbalanced. Commissioner Kawashima asked the applicant if the centerpiece could be redone. Chairperson Pontious asked for Commission consensus on eliminating Condition 4.1.2. Commissioner Davert suggested modifying rather than deleting the condition. Commissioner Kawashima suggested the applicant modify the interior of the store to direct customers to the produce department. Commissioner Kozak noted that the condition states similar, not identical and perhaps the applicant could redesign the entrance. Planning Commission Minutes July 12, 1999 Page 6 Commissioner Kawashima asked the applicant what is proposed for the area where the store is being expanded. Jeff Herbst, applicant, stated that the expanded area will contain the bakery and deli. Commissioner Browne stated that the Commission should allow the applicant to design the storefront as they wish. Commissioner Kozak asked the applicant if they could add trim to give the rear building wall more character. Jeff Herbst, applicant, responded that would be possible but that it would not be money well spent as the car wash remodel landscaping will hide any improvements to the wall. Chairperson Pontious asked for a vote for removing Condition 4.1.2. Commissioner Browne moved, Commissioner Davert seconded, to remove Condition 4.1.2. Motion carried 4-1. Commissioner Kawashima was opposed. Dick Kaye, property manager for Larwin Square, asked if Condition 4.1.4 refers to the rear of the building there was another condition he referenced and it was deleted. Bradley Evanson stated that the condition was supposed to be an adjunct to the Orange County Fire Authority emergency access that it be striped for emergency access. The Public Hearing closed at 7:50 p.m. Commissioner Kozak moved, Commissioner Kawashima seconded, to adopt Resolution No. 3683 approving the environmental determination for the project. Motion carried 5-0. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3684, approving Conditional Use Permit 99-013 and Design Review 99-019 amended as follows: Condition 2.6 changed to read: "Within thirty (30) days from the date of project approval, the Owner shall submit a complete and accurate restriping plan for the parking areas, subject to approval by the Community Development Department. Said improvements shall be installed within ninety (90) days from the date of project approval. Said plan shall be fully dimensioned, include a table summarizing the number of spaces within the parking area and their allocation to the individual tenant spaces within the center, and incorporate landscaping in conformance with the City of Tustin Landscape and Irrigation Guidelines." Condition 3.1: last sentence changed to read "All new signage shall conform to the Larwin Square Master Sign Program." Condition 4.10 changed to read: "No new exterior downspouts shall be permitted; all new construction regarding roof drainage shall utilize interior piping, but may have exterior outlets at base of building." Condition 4.12 is deleted in its entirety and new Condition 4.12 to read: "The trash enclosure screening and landscaping shall be submitted for review and approval by the Community Development Department." Conditions 4.16 and 4.17 are deleted in their entirety. Motion carried 5-0. Conditional Use Permit 99-015, Design Review 99-014, and Tentative Parcel Map 99-161 are requests to: 1) combine three lots into one; 2) construct a 10,716 square foot building; and, 3) establish a mail order use and apply warehouse and Planning Commission Minutes July 12, 1999 Page 7 industry parking ratio. The project is located at 145-165 El Camino Real within the Central Commercial Combining Parking District (C-2P). APPLICANT: GREGORY BENNETT, ARCHITECT PROPERTY OWNERS: PRESCOTT PROPERTIES, LLC. Recommendation That the Planning Commission adopt Resolution No. 3678 approving the environmental documentation for the project. That the Planning Commission adopt Resolution No. 3679 recommending that the City Council approve Tentative Parcel Map 99-161. That the Planning Commission adopt Resolution No. 3682 approving Conditional Use Permit 99-015 and Design Review 99-014. The Public Hearing opened at 7:51 p.m. Lori Ludi presented the subject report. Jennifer Rigby, co-owner of Acorn, stated that Acorn was established in Tustin in 1990 and their present location is overcrowded. She further stated that the Craftsman style architecture was chosen because it best reflects the essence of their company and Old Town Tustin. Guy Stivers, landscape architect, stated that the project is unique and the property will be beneficial as an educational tool. Audrey Heredia, President of Tustin Old Town Association (TOTA), stated that TOTA embraces the project and it will be a wonderful addition to Old Town Tustin. Phil Cox, owner Cox's Market Plaza, stated his support for the project. Mike Doyle, resident 160 A Street, stated that the project is impressive and necessary to Old Town Tustin. Greg Kelly, secretary for TOTA, complimented the Prescott's and the Rigby's on their work and suggested perhaps a mural or artwork would benefit the project. Caren Sanford, resident 2800 Keller Drive, stated her support for the project. Ken Teschke, resident 2322 Apple Tree Drive, stated his support of the project. Tim Somerset, Pankow Companies, builder for applicant, stated that his company is capable of completing the project in a short time and displayed some projects his company completed in the past. Doug Prescott, property owner, thanked staff for fast-tracking the project and asked that Condition 2.3 be removed and reduce the number of required parking spaces to thirty seven (37) and noted a typo in Condition 5.5. Greg Bennett, architect, stated his concern with staff trying to alter the plans as drawn which might hinder future expansion plans. Commissioner Davert asked Greg if the back door would function as a loading door only. Greg Bennett, architect, responded that the back door was strictly a service entrance for shipping purposes. Planning Commission Minutes July 12, 1999 Page 8 Commissioner Browne inquired about the approximate number of trucks per day. Greg Bennett, architect, stated that one (1) truck per day would be adequate for the needs of the business. Commissioner Kawashima asked Greg what was planned in place of the four (4) parking spaces that are requested to be eliminated. Greg Bennett, architect, indicated that more landscaping would be installed. The meeting recessed at 8:44 p.m. The meeting reconvened at 8:50 p.m. The Public Hearing closed at 8:51 p.m. Lois Bobak, Deputy City Attorney, stated that the Planning Commission cannot consider an issue discussed in private with Mr. Bennett. Any issues or information that the Commission uses in its decision making should be made part of the record. Commissioner Kawashima asked staff about the suggested changes to the rear elevation. Lori Ludi stated this was to maintain consistency in all elevations. Commissioner Browne stated that he responds negatively to Mr. Bennett's characterization of staff and he supports deleting Condition 2.3. Commissioner Kozak stated his support for removing Condition 2.3. Commissioner Davert stated that although he did meet with the applicant, nothing was discussed that was not being discussed during the hearing. He further stated that the City has an excellent staff and he supports the removal of Condition 2.3 and it would not be fair to hold the applicant to retail counts for parking. Commissioner Browne stated that Condition 5.1 should be taken out and then put back in if the site is underparked. The Director stated that the applicant should modify the plan to show a higher level ratio for the mail order area to accommodate the four spaces so the actual square footage should be higher than the retail or office area. Chairperson Pontious asked the applicant if that would be a problem for them. The applicant indicated that would not be a problem. Commissioner Kawashima noted the applicant's interest in the adjoining lot and asked the applicant if that site would be another building site or additional parking. Chairperson Pontious noted that the question does not relate to this project. Commissioner Browne moved, Commissioner Kozak seconded, to adopt Resolution No. 3678 approving the environmental documentation for the project. Motion carried 5-0. Commissioner Browne moved, Commissioner Kozak seconded, to adopt Resolution No. 3679, as amended, recommending that the City Council approve Tentative Parcel Map 99-161. Motion carried 5-0. Planning Commission Minutes July 12, 1999 Page 9 Commissioner Browne moved, Commissioner Kozak seconded, to adopt Resolution No. 3682, approving Conditional Use Permit 99-015 and Design Review 99-014 amended as follows: Condition 2.3 deleted in its entirety and renumber subsequent conditions. Condition 2.9 change "must" to "shall" Condition 5.1: change "thirty-eight (38)" to "thirty-three (33)" in first sentence and last sentence and change "7 spaces" to "6 spaces" in last sentence. Condition 5.2: changed to read "A total of 2,704 square feet of mail order use and 2,344 square feet of retail use shall be located on the first floor. A total of 771 square feet of office use and 4,290 square feet of mail order use shall be located on the second floor. Any modifications to this allocation of uses may be considered by the Community Development Department if sufficient on-site parking is provided or off-site parking is secured by the applicant or property owner. Condition 5.5: capitalize "c" and "o" in Certificate of Occupancy; change "building permits" to "a Certificate of Occupancy" Motion carried 5-0. STAFF CONCERNS: 5. Report on Actions taken at the July 6, 1999 City Council Meeting Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Chairperson Pontious Thanked Commissioner Browne for serving as a Planning Commissioner and asked staff to prepare a proclamation. Commissioner Kawashima Also thanked Commissioner Browne for serving as a Planning Commissioner. Asked if the second meeting in July was cancelled. The Director indicated that there were no items to be agendized so the meeting has been cancelled. Asked if fireworks were permitted in the City. The Director indicated that they were only permitted when used by a professional. Commissioner Kozak Stated that Commissioner Browne would be missed and asked him to keep in touch. Commissioner Davert Stated that the City did a great job on the 4~ of July celebration and wished Commissioner Browne good luck. Planning Commission Minutes July 12, 1999 Page 10 Commissioner Browne Stated that he has enjoyed serving as a Planning Commissioner and thanked staff for their support. He further noted that every citizen should have a chance to serve on the Commission. ADJOURNMENT: Commissioner Browne moved, Commissioner Davert seconded, to adjourn the meeting at 9:06 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on August 9, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. .9~eve 'ol~k Chairperson Elizabeth A. Binsack Planning Commission Secretary