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HomeMy WebLinkAboutPC Minutes 07-13-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 13, 1998 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Kozak INVOCATION: Commissioner Davert ROLL CALL Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth Binsack, Director of Community Development Daniel Fox, Senior Planner Lois Bobak, Deputy City Attorney Lori Ludi, Associate Planner 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 expressed. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the June 22, 1998 Planning Commission Meeting. 2. Sign Code Exception 98-002 a request for authorization to install three strands of festoons along the parking aisles in the center. The center is located at 1112 Walnut Avenue within the Commercial General District (CG) APPLICANT: BONANZA MARKET Planning Commission Minutes July 13, 1998 Page 2 PROPERTY OWNERS: RECOMMENDATION That the Planning Commission Exception 98-002. REMARC MANAGEMENT INC. - PARK LANE PLAZA adopt Resolution No. 3602 approving Sign Code Commissioner Davert moved, Commissioner Pontious seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 3. Continued Public Hearing -Conditional Use Permit 98-011 a request to establish off-site alcoholic beverage sales (type 20: beer and wine) in conjunction with a self and full serve carwash. The project is located at 3091 E. Edinger Avenue within the Planned Community Industrial- Jamboree Plaza Planned Community District regulations. APPLICANT/ PROPERTY OWNER TOM ROSSI RECOMMENDATION That the Planning Commission continue the public hearing for Conditional Use Permit 98- 011 until the regularly scheduled meeting on August 10, 1998. Commissioner Pontious moved, Commissioner Davert seconded, to continue the public hearing to the August 10, 1998 Planning Commission meeting at the request of the applicant. Motion carried 5-0. 4. Continued Public Hearing Conditional Use Permit 98-013 a request to establish off-site alcoholic beverage sales (type 20: beer and wine) in conjunction with a service station and convenience store. The project is located at the northeast intersection of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial - Jamboree Plaza Planned Community District Regulations. APPLICANT: THE MERIDIAN GROUP PROPERTY OWNER: ROGER DE YOUNG FAMILY, L.P. RECOMMENDATION That the Planning Commission continue the public hearing for Conditional Use Permit 98- 013 until the regularly scheduled meeting on August 10, 1998. Commissioner Davert moved, Commissioner Pontious seconded, to continue the public hearing to the August 10, 1998 Planning Commission meeting at the request of the applicant. Motion carried 5-0. 5. CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT 97-028 AND DESIGN REVIEW 97-036 a request to demolish an existing bank building and establish a 4,000 square foot fast food restaurant with drive-thru operations within a commercial center. The project is located at 14601 Red Hill Avenue within the Central Commercial (C-2) district. OWNE~ JILL RICHTER APPLICANT: MASROOR A. BATLA BATLA FOOD GROUP Planning Commission Minutes July 13, 1998 Page 3 RECOMMENDATION Approve the Environmental Determination for the project by adopting Resolution No. 3594; and, Approve Conditional Use Permit 97-028 and Design Review 97-036 by adopting Resolution No. 3595. Bradley Evanson, Assistant Planner presented the subject report. The Public Hearing opened at 7:10 p.m. Coralee Newman, applicant, complemented staff and stated agreement with all conditions except 8.1 preferring the drive-thru and the restaurant to have the same hours of operation. The Director noted that staff was given four letters from residents of the Tustin Green Association opposing the project due to noise, odor, safety issues and increase in traffic. Gabrielle Saasta, 14707 Red Hill Avenue, stated her concerns with noise, trash, trespassers and gang activity increasing. Commissioner Browne asked if the homeowner association had attempted to solicit desirable merchants for the location. James Campbell, 1425 Sycamore Avenue, stated his concem with land use compatibility, traffic, odor and trespassing also referenced additional mitigation measures suggested in his letter. Suanne Honey, 14625 Red Hill Avenue, stated her concem with accidents generated from the driveways. Ken Henderson, 14645 Red Hill Avenue, stated his concern with noise and additional traffic. Carla Brame, 14641 Red Hill Avenue, stated her concern with traffic, noise and odor. Andy Schiller, Red Hill Avenue, stated his concern with noise from the loudspeaker and commercial and residentially zoned properties in close proximity. Frederick Honey, 14625 Red Hill Avenue, inquired if the noise study was done at night and noted several accidents by the driveways. Carole Wade, 14633 Red Hill Avenue, stated her concern with traffic safety for bicyclists and pedestrians and that children will loiter at the restaurant. Larry Manley, 14651 Red Hill Avenue, stated his concern with odor and noise. Janis Eason, 14621 Red Hill Avenue, stated her concern for the safety of children walking in the area. Vicki Manley, 14651 Red Hill Avenue, stated her concern with traffic and the block wall obstructing view of children in the area. Jason Petrocich, asked for the minimum tree height being requested and stated his concem with dust from demolition of the existing building. Bob Zeis stated his concern with odor, safety and the possibility of Red Hill Avenue becoming a super street. Matt Nisson stated his support for improvement of the commercial center and noted that the block wall on his property effectively screens noise. Planning Commission Minutes July 13, 1998 Page 4 Coralee Newman, applicant, stated that the two land uses have co-existed for many years; the noise study was done in the evening; fifteen gallon trees will be installed; and, stated that a catalytic converter will eliminate odor. Commissioner Browne asked the applicant if they had considered moving the property to the north. Masroor Batla, applicant, stated that the current bank building is about the same size as the restaurant and has an existing drive-thru pattern and he has not approached the property owner with the option of moving the building. Commissioner Davert stated that he has visited the site, read the correspondence and is excited about the economic renewal of the area and noted that the project does comply with the City's codes and standards. Commissioner Kozak stated his excitement for the revitalization of the area; noted that the properties have co-existed for many years; and suggested an additional order board with read-out function and raising the block wall to buffer noise. Commissioner Pontious noted that the applicant has endeavored to mitigate the residents' concerns and in her experience, the fears projected are greater than the reality and supports the proposal. Chairman Mitzman stated his approval of the land-swap suggested by Commissioner Browne and noted that he can smell odors from the McDonalds on Bryan and Tustin Ranch Road. Commissioner Browne inquired where the noise measurement was taken. Daniel Fox responded that the report does not state conclusively where the measurement was done and staff could add a condition of approval to require a more complete noise study. Commissioner Browne asked Doug Anderson, Traffic Engineer for clarification on points raised during the hearing. Doug Anderson, stated that the decision to increase lanes on Red Hill Avenue has been deferred until the Eastern Transportation Corridor opens; noted that Engineering does a preliminary assessment on projects to determine if an additional traffic study is warranted; and, noted that between 1993 and July 12"~ there have been 15 accidents at this location and noted that the initial study should say "no significant impact" for circulation. Commissioner Pontious asked for Mr. Anderson's opinion of diverting drive-thru traffic to the north. Doug Anderson responded that staff would be supportive of directing drive-thru traffic to the north. Commissioner Davert asked if the property could be periodically monitored for accidents. Doug Anderson noted that the property could be monitored on a monthly basis. Commissioner Pontious asked if a condition could be added for dust suppression. The Director indicated that dust suppression techniques are required during demolition and construction. Commissioner Pontious asked if staff could revisit the Tustin Greens' request for gates. Doug Anderson responded that typically when gates are added to a property that is already developed there is a concern with vehicles backing up across sidewalks or into the public right-of-way. Planning Commission Minutes July 13, 1998 Page 5 The Director responded that staff would need to review the specific location. Commissioner Davert moved, Commissioner Pontious seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3594. Item 6.a on checklist being changed to "Potentially significant - unless mitigation is incorporated". Motion carried 4-1. Chairman Mitzman was opposed. Commissioner Davert moved, Commissioner Pontious seconded, to approve Conditional Use Permit 97-028 and Design Review 97-036 by adopting Resolution No. 3595, amended as follows: Condition 5.7 to read: "Sight distances at each access driveway shall be reviewed for compliance with Orange County EMA Standard Plan 1117, when landscaping and improvement plans are prepared, including the existing perimeter block wall." Condition 4.15 added as follows: A preview board shall be installed prior to the menu board/speaker. The menu board shall have a read back feature. Details of the menu board system shall be subject to final approval of the Community Development Director during plan check. Condition 6.2 added as follows: All uses and operations on the site shall comply with the City's Noise Ordinance. Speakers used in conjunction with the menu board shall be oriented so as to project sound away from the adjacent residential development. A final noise analysis shall be prepared based on the final working drawings to determine compliance with the City's Noise Ordinance. Said noise analysis shall be reviewed and approved by the Community Development Department prior to issuance of building permits. The height of the two sound walls shall be reviewed and evaluated as part of the noise analysis, and raised to the maximum height feasible to achieve noise mitigation. Condition 8.1 changed to read: Hours of operation of the restaurant and drive thru lane shall be limited to 6:00 a.m, to 11:00 p.m. Sunday through Thursday and 6:00 a.m. to Midnight on Friday and Saturday. Motion carried 3-2. Chairman Mitzman and Commissioner Browne were opposed. The Public Hearing closed at 8:44 p.m. The appeal process was explained. 6. CONDITIONAL USE PERMIT 98-010 a request for authorization to construct a major wireless communication facility at 550 West Sixth Street located within the Planned Industrial District (PM). APPLICANT: NEXTEL COMMUNICATIONS, INC. PROPERTY OWNER: TUSTIN SELF STORAGE LIMITED RECOMMENDATION That the Planning Commission adopt Resolution No. 3601 denying Conditional Use Permit 98-010. Bradley Evanson, Assistant Planner presented the subject report. The Public Hearing opened at 8:46 p.m. Barbara Saito, applicant, thanked staff, presented photos of facilities mentioned in staff report, stated that the project meets the City's ordinance and stated that three real trees could be added to the landscape. i :1 ' '-r-I - Planning Commission Minutes July 13, 1998 Page 6 Chairman Mitzman inquired if the original request has changed to add three live trees. Barbara Saito responded that her proposal would be one stealth and 2 or 3 live trees. Commissioner Browne inquired if the applicant had gotten the property owner's approval for the additional trees. Barbara Saito stated that she had not but would not be able to continue with the project if the property owner did not approve. The Director noted that a phone call was received from Jeff Thompson, a resident who had concerns with visual intrusion. Bradley Evanson noted that additional trees were not proposed in the original submittal however, a subsequent resubmittal identified the potential for additional trees although quantity and location were not specified. Commissioner Browne asked if the hearing would have to be renoticed for the change. The Director indicated that if the Commission wished, they could direct staff to prepare a resolution of approval with conditions to be brought back to another meeting. Commissioner Davert asked if the additional trees were significant mitigation. The Director responded that staff would still recommend denial of the proposal because it is not appropriate and is intrusive of the area and requested the Commission's direction. Commissioner Kozak suggested the Cai Trans right of way as a location. Barbara Saito indicated that the right of way is closer to residential uses. Commissioner Pontious inquired if the applicant spoke with the Boys and Girls Club since they have indicated an interest in pursuing a site at their location and asked if the hearing be continued so the applicant could pursue an agreement with the Boys and Gids Club. Barbara Saito responded that they had not but if the hearing were continued, she would pursue location at the Boys and Girls Club. Commissioner Davert stated his concern about the Commission getting involved with contract negotiations. Chairman Mitzman suggested a 30 day continuance for a formal proposal for more trees. Commissioner Kozak requested the applicant to provide proof of property owner approval and renderings. Commissioner Davert asked if the applicant was under time constraints. Barbara Saito stated she would be able to provide the necessary information in time for the next meeting's packet. Commissioner Davert asked staff if two weeks continuance was enough time to complete the packet for the next meeting and if a variance would be required if a more suitable location were found but is within 100 feet. The Director responded that a variance would not be required since the ordinance is wdtten as "should be located" but staff has identified that they would prefer not within 100 feet. Commissioner Davert asked what staff would suggest as an alternative. Planning Commission Minutes July 13, 1998 Page 7 The Director indicated that staff stated it would be acceptable to blend the monopole more into the area by following the eucalyptus streetscape. Commissioner Davert asked what direction should be given to the applicant. The Director asked if the applicant were to provide cluster palms would that be acceptable to the Commission. Commissioner Davert asked if the Commission could approve the additional palms at this meeting. The Director responded that staff did not have a resolution of approval to provide the Commission at this meeting. Chairman Mitzman and Commissioner Pontious stated that they would like the applicant to approach the Boys and Gids Club about location. Commissioner Pontious moved, Commissioner Kozak seconded, to continue the hearing to the August 10, 1998 meeting. Motion carried 4-1. Commissioner Davert was opposed. The Public Hearing closed at 9:24 p.m. The Commission recessed for five minutes. 7. CONDITIONAL USE PERMIT 98-015 a request for authorization to establish instructional sessions, as a temporary use, for in-line skating in the parking area in front of the Chick's Sporting Goods. The project is located at 2771 El Camino Real within the East Tustin Specific Plan (ETSP) Mixed Used. APPLICANT: PONITE WEST/CHICKS SPORTING GOODS PROPERTY OWNERS: IRVINE COMPANY RECOMMENDATION That the Planning Commission adopt Resolution No. 3600 approving Conditional Use Permit 98-015. Daniel Fox, Senior Planner, AICP presented the subject report. Commissioner Davert inquired if the applicant would need to come back to the Planning Commission for a time extension. Daniel Fox stated that the permit was worded so that the Community Development Director could approve a time extension. The Public Hearing opened at 9:35 p.m. The Public Hearing closed at 9:35 p.m. Commissioner Pontious moved, Commissioner Browne seconded, to adopt Resolution No. 3600 approving Conditional Use Permit 98-015. Motion carried 5-0. REGULAR BUSINESS: 8. Continued Item - Exposed Neon Tubing Design Standards RECOMMENDATION That the Planning Commission provide direction on the proposed additions and modifications to the Design Standards. Based on the Planning Commission's direction, staff will prepare revised draft Design Standards, code amendment and an appropriate Resolution recommending for City Council consideration. T1- ~ ...... Planning Commission Minutes July 13, 1998 Page 8 Lori Ludi, Associate Planner presented the subject report. Commissioner Pontious stated that the standards look good but she has a problem with limiting the neon to the business' hours of operation. Daniel Fox noted that majority of tenants in commercial centers will close at a fairly consistent hour. Commissioner Kozak commented on the standards. Commissioner Browne moved, Commissioner Kozak seconded, to approve the Design Standards, as amended, to be forwarded to the City Council for their consideration. Motion carried 5-0. STAFF CONCERNS: 9. Report on Actions taken at the July 7, 1998 City Council Meetinq Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved, Commissioner Kozak seconded, to receive and file. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Kozak Inquired about the status of the Arco station on Red Hill. Daniel Fox responded that since the CUP was approved, work has been done but improvement is needed on the landscape planters. Commissioner Browne Noted that he would not be in attendance for the July 27th meeting. Stated that he had attended a Tustin Concert in the Park and found it very enjoyable. Thanked Chairman Mitzman for his service on the Commission. Commissioner Davert Asked staff if the City had received a response to the Mayor's letter to Supervisor Spitzer. Elizabeth Binsack responded that the County has acquired the property and is in the process of enclosing the property. Chairman Mitzman Thanked staff for their assistance during his tenure and rated them very highly as compared to other cities and also thanked the Commission for allowing him to serve as Chairman. Planning Commission Minutes July 13, 1998 Page 9 ADJOURNMENT: Commissioner Davert moved, Commissioner Kozak seconded, to adjourn the meeting at 9:50 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on July 27, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. VICE CHAIR EL-'~_ABE~H A. BINSAC~ - ' PLANNING COMMISSION SECRETARY