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Home My WebLink AboutPC Minutes 12-08-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 8, 1997 CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert INVOCATION: Commissioner Kozak Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth A. Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Bradley Evanson, Assistant Planner Minoo Ashabi, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT CALENDAR: (ALL MATTERS LISTED UNDER THE 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.) 1. Minutes of the November 24, 1997 Planninq Commission Meeting. Commissioner Pontious moved, approve the Consent Calendar. Kozak abstained due to his meeting. Commissioner Davert seconded, to Motion carried 4-0. Commissioner absence at the November 24, 1997 PUBLIC HEARINGS: Continued Public Hearinq - Consideration to Revoke Variance 94-010, Conditional Use Permit 97-004 and Desiqn Review 97-008 (Al's Woodcraft) Recommendation - That the Planning Commission continue this item to April 27, 1998. The Public Hearing opened at 7:03 p.m. The Public Hearing closed at 7:03 p.m. Commissioner Pontious moved, Co--.Lissioner Davert seconded, to continue the item to April 27, 1998. Motion carried 5-0. Planning Commission Minutes December 8, 1997 Page 2 Code Amendment 97-002; Tustin City Code Section 9276, Wireless Communication Facility Requlations and Guidelines APPLICANT: LOCATION: ENVIRONMENTAL STATUS: REQUEST: CITY OF TUSTIN CITYWIDE A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ADDITION OF TUSTIN CITY CODE SECTION 9276 TO ESTABLISH REGULATIONS AND GUIDELINES FOR WIRELESS COMMUNICATION FACILITIES. Recommendation That the Planning Commission: 1. Adopt Resolution No. 3565 recommending that the City Council approve the environmental determination for the project; and, 2. Adopt Resolution No. 3566 recommending that the City Council approve Code Amendment 97-002. The Director recommended that the item be continued to the January 12, 1998 Planning Commission meeting. Staff has received correspondence from members of the wireless industry and would like to provide staff an opportunity to review their concerns and address those concerns at the January 12, 1998 meeting. Commissioner Pontious asked if it would be appropriate to discuss some questions regarding distance. The Director indicated that the public hearing should be opened if the Commission were going to discuss specifics of the ordinance but industry representatives were notified of the continuance so they may not be at the meeting to have the benefit of discussion. Commisszoner Pontious asked if staff would address the issue of distance. Commissioner Davert moved, Commissioner Browne seconded, to continue the item to the January 12, 1998 Planning Commission meeting. Motion carried 5-0. 4. Variance 97-003 OWNER/ APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DONALD G. BERKHEIMER 2362 SABLE TREE CIRCLE PLANNED COMMUNITY - RESIDENTIAL (PC-RES) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REDUCTION OF THE REQUIRED REAR YARD SETBACK FROM TWENTY (20) FEET TO TEN (10) FEET TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE- FAMILY RESIDENCE. Recommendation - That the Planning Commission adopt Resolution No. 3567 approving Variance 97-003. Bradley J. Evanson, Assistant Planner presented the subject report. The Public Hearing opened at 7:07 p.m. Planning Commission Minutes December 8, 1997 Page 3 Commissioner Davert inquired if this addition would have any effect on the road construction to the rear of the property. Bradley Evanson indicated that the addition would have no effect on the road construction. The Public Hearing closed at 7:07 p.m. Commissioner Pontious moved, Commissioner Davert approve Variance 97-003 by adopting Resolution carried 5-0. seconded, to 3567. Motion REGULAR BUSINESS: 5. Design Review 97-028 and Siqn Code Exception 97-003 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RREEF - IV, INC. 1630 SOUTH SUNKIST, SUITE A ANAHEIM, CALIFORNIA 92806 ATTN: MICHAEL SEVERSON 1140 IRVINE BOULEVARD RETAIL COMMERCIAL (C-l); TOWN CENTER REDEVELOPMENT PROJECT AREA THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REMODEL OF AN EXISTING BUILDING TO INCLUDE EXPOSED TUBE NEON AND AUTHORIZATION FOR ONE SECONDARY SIGN OF FIFTY (50) SQUARE FEET IN LIEU OF TWO SECONDARY SIGNS OF TWENTY-FIVE (25) SQUARE FEET. Recommendation - That the Planning Commission adopt Resolution No. 3568 approving Design Review 97-028 and Sign Code Exception 97-003. Bradley J. Evanson, Assistant Planner presented the subject report. Commissioner Browne asked if the neon signs would be on all the time. Mike Severson, applicant, stated that with these improvements, the developer is finishing a rehabilitation of the center and stated that he did not know what the hours would be for this store. Commissioner Browne asked staff if the hours for the lights would impact their recommendation. Daniel Fox indicated that staff could condition the store to turn the lights off when not open for business but staff has no issue with lighting being on 24 hours since the store is not in close proximity to residential development. Commissioner Pontious asked what the lighting is for the balance of the center. Mike Severson responded that the parking lot is well lit all night. Chairman Mitzman asked about the possibility of noise from the neon lights buzzing. Mike Severson responded that neon has been corrected to eliminate the buzzing. Commissioner Kozak indicated that he felt the time to address this issue might be when the business plan is submitted to staff. Planning Commission Minutes December 8, 1997 Page 4 Commissioner Pontious indicated that she did not see any additional impact with the rest of the center being lit all night. Commissioner Davert indicated that he felt that the site is far enough away from residential to not have an impact. The Director indicated there is nothing in the zoning code that prohibits 24 hour uses and if neon produces noise there are city codes that would address the problem. Commissioner Kozak stated his concern with traffic from the driveway between Lone Star and Hollywood Video traversing across parking stalls and asked applicant if traffic flow could be improved. Mike Severson stated that once the two locations are in use, the traffic flow problem would be mitigated. Commissioner Mitzman stated that he landscaping would mitigate the problem. believed architectural Mike Severson asked if curb stops could be used in the lot. Daniel Fox indicated that wheel stops are discouraged by the parking lot design standards, however, adding more diamond planters would be an option. Commissioner Kozak asked the applicant if they would be agreeable to planters being a condition of approval. Mike Severson stated that he was agreeable as long as the approval would not be delayed. Daniel Fox read new Condition of Approval 2.5 for the record. Commissioner Pontious stated her concern with neon signs in disrepair. Daniel Fox read new Condition of Approval 5.3 for the record. Commissioner Kozak moved, Commissioner Pontious seconded, to approve Design Review 97-028 and Sign Code Exception 97-003 by adopting Resolution No. 3568 revised as follows: Add Condition 2.5 to read: "Circulation improvements such as raised landscape planters shall be provided in the parking field east of the subject building to minimize vehicles entering the center from traversing across marked parking spaces. Said improvements shall be subject to the approval of the Community Development Director and Traffic Engineer during review of the construction level drawings." Add Condition 5.3 to read "The exposed neon signs shall be maintained in proper operating order at all times. If the City becomes aware of any neon lighting or signs which are not operable, the applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City." Motion carried 5-0. 6. Siqn Code Exception 97-002 APPLICANT: OWNER: LOCATION: ZONING: CALIFORNIA STAR RESTAURANTS, INC. RREEF - IV., INC.- A DELAWARE CORPORATION 1222 IRVINE BOULEVARD RETAIL COMMERCIAL (C-I); TOWN CENTER REDEVELOPMENT PROJECT AREA Planning Commission Minutes December 8, 1997 Page 5 ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AN EXCEPTION TO ALLOW EXPOSED NEON AND INCREASE THE AREA OF SECONDARY WALL SIGN Recommendation That the Planning Commission adopt Resolution No. 3569 approving Sign Code Exception 97-002. Minoo Ashabi, Assistant Planner presented the subject report. Commissioner Davert asked staff if the applicant would need to come back to the Commission for a secondary sign or monument sign. The Director stated the applicant would need to come back for a conditional use permit amending the sign program. Commissioner Davert stated his support of both the new uses in the center. Commissioner Davert moved, Co~missioner Pontious seconded, to approve Sign Code Exception 97-002 by adopting Resolution No. 3569 amended as follows: Add Condition 1.6 to read "The exposed neon signs shall be maintained in proper operating order at all times. If the City becomes aware of any neon lighting or signs which are not operable, the applicant shall be responsible for making appropriate repairs within 72 hours of being notified by the City." Motion carried 5-0. STAFF CONCERNS: Report on Actions taken at the December 1, 1997 City Council Meetinq. Elizabeth A. Binsack, Community Development Director reported on the subject agenda. Commissioner Davert moved, Commissioner Pontious seconded, to receive and file the subject agenda. Motion carried 5-0. CO~4ISSION CONCERNS: Commissioner Pontious - Wished everyone a happy holiday and New Year. Commissioner Kozak - Thanked staff for all their work and help during the year and wished everyone a happy holiday and Happy New Year. Commissioner Davert - Noted that he toured the County Emergency Operations Center today and was very impressed. - Indicated that with neon becoming more common, perhaps staff could develop guidelines. - Wished everyone a happy holiday. Planning Commission Minutes December 8, 1997 Page 6 Chairman Mitzman - Asked staff if there were any problems in Tustin due to the rain over the weekend. The Director indicated that most of the problems were in Tustin Ranch with a slope failure at the Catellus project and mudslides on Jamboree Road. - Asked that the public notice posting procedure be agendized for discussion. - Wished everyone a happy holiday. AD JOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, adjourn the meeting at 7:41 p.m. Motion carried 5-0. to The next meeting of the Planning Commission will be held on January 12, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. HOWARD ~4 ~TZMAN CHAIRMAN PLANNING COMMISSION SECRETARY