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HomeMy WebLinkAboutPC Minutes 11-10-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 10, 1997 Planning Commission Chapters 3, 4 and Workshop, MCAS, Specific Plan/Reuse Plan, 5 began at 6:00 p.m. and was conducted by Christine A. Shingleton, Assistant City Manager. Commissioner Browne abstained due to a conflict of interest. Commissioner Kozak was absent. The presentation concluded at 6:55 p.m. CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Mitzman INVOCATION: Commissioner Browne ROLL CALL: 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 Sara Pashalides, Associate Planner Bradley J. Evanson, Assistant Planner Minoo Ashabi, Assistant Planner Douglas Anderson, Traffic Engineer Barbara Reyes, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. 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.) 1. Minutes of the October 27, 1997 Planninq Commission Meetinq. Commissioner Pontious moved, Davert seconded, Consent Calendar. Motion carried 5-0. to approve the PUBLIC HEARINGS: Vestinq Tentative Parcel Map 97-117, Conditional Use Permit 97-005 and Desiqn Review 97-009 APPLICANT: OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: GREG BENNETT, BENNETT ARCHITECTS HOWARD FERRAND, RAMESH AND REKHA BAJARIA 535 EAST MAIN STREET CENTRAL COMMERCIAL - PARKING OVERLAY (C2-P); TOWN CENTER REDEVELOPMENT PROJECT AREA A NEGATIVE DECLARATION CONFORMANCE WITH THE QUALITY ACT (CEQA). HAS BEEN PREPARED IN CALIFORNIA ENVIRONMENTAL Planning Commission Minutes November 10, 1997 Page 2 REQUEST: AUTHORIZATION TO SUBDIVIDE THE SITE INTO TWO LOTS TO CONSTRUCT A SELF-SERVE GASOLINE STATION, FULL SERVICE CARWASH, 750 SQUARE FOOT CONVENIENCE STORE AND A 5,500 SQUARE FOOT RETAIL BUILDING. Recommendation - That the Planning Commission: 1. Adopt Resolution No. 3533 approving o the Environmental Determination for the project; Adopt Resolution No. 3534 approving Conditional Use Permit 97- 005 and Design Review 97-009; and, Adopt Resolution No. 3535 recommending that the City Council approve Vesting Tentative Parcel Map 97-117. Presentation: Sara Pashalides, Associate Planner Chairman Mitzman abstained from this item due to a conflict of interest. Pro Tem Pontious assumed the Chair. The Public Hearing opened at 7:04 p.m. Greq Bennett, applicant, requested that the hours of operation be changed to read 7:30 a·m. to 8:00 p.m., eliminating the words "or dusk" from the conditions of approval. He urged the Commission for a vote on the project this evening. Howard Ferrand, owner, stated he appreciated Commission approval and thanked them for their support. Linda Jennings, 350 South "B" Street, cited a 1991 City sponsored study to develop a revitalization for Old Town Tustin (RUDAT) which identifies the intersection of Main and Newport as an entry enhancement to Old Town. She does not believe the project corresponds to the RUDAT recommendations and urged the Commission to request a more suitable design. The Public Hearing closed at 7:12 p.m. Commissioner Kozak believes that the project will be a revitalization and renewal of the Newport Avenue corridor and the entrance to Old Town. Commissioner Davert expressed support of the project. Commissioner Pontious believes that the project has made some definite improvements but is not what she would like to see in that location because of the density. Commissioner Browne moved, Kozak seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3533. Motion carried 3-1. Commissioner Pontious oDDosed. Chairman Mitzman abstained. Commissioner Browne moved, Kozak seconded to approve Conditional Use Permit 97-005 and Design Review 97-009 by adopting Resolution No. 3534 modified as follows: First sentence of Condition 8.2, Exhibit A, page 13, shall read, "The carwash is limited to operate between the hours of 7:30 a.m. and 8:00 p.m." Motion carried 3-1. Commissioner Pontious opposed. Chairman Mitzman abstained. Commissioner Browne moved, Kozak seconded, to recommend that the City Council approve Vesting Tentative Parcel Map 97-117 by adopting Resolution No. 3535. Motion carried 3-1. Commissioner Pontious oDDosed. Chairman Mitzman abstained. Chairman Mitzman resumed the chair. Planning Commission Minutes November 10, 1997 Page 3 Appeal of Conditional Use Permit 97-014 and Desiqn Review 97-023 APPELLANT: APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MARY L. RIVAS CINDY DALRYMPLE 340 WEST 2ND STREET SINGLE FAMILY RESIDENTIAL (R-i), CULTURAL RESOURCES OVERLAY THIS PROJECT IS CATEGORICALLY EXEMPT (SECTION 15301, CLASS 1) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPEAL THE ZONING ADMINISTRATOR'S APPROVAL OF THE CONVERSION OF ANEXISTING TWO-STORY DETACHED GARAGE INTO A GUEST HOUSE AND TO CONSTRUCT A TWO-STORY GARAGE ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE. Recommendation: That the Planning Commission adopt Resolution No. 3558, upholding the Zoning Administrator's action and denying the appeal of Conditional Use Permit 97-014 and Design Review 97-023. Presentation: Bradley Evanson, Assistant Planner The Public Hearing opened at 7:16 a.m. Connie Check, 335 W. 3rd Street, inquired if the Fire Department had indicated that there was adequate access between the two residences in case of a fire. Bradley Evanson stated that the Orange County Fire Authority had reviewed the project plans and have indicated no concerns with access. Marqaret Rivas, speaking for the appellant, objects to the project because they believe the addition will block the sun into the living room of her mothers home. Cindy Dalrymple, the applicant, believes that her building style will be compatible with and enhance the Old Town area. The Public Hearing closed at 7:28 p.m. Commissioner Davert moved, Pontious seconded, to uphold the Zoning Administrator's action and deny the appeal of Conditional Use Permit 97-014 and Design Review 97-023 by adopting Resolution No. 3558 amended as follows: Condition 2.1, Exhibit A, page 2, shall read, "The property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the guest room and room addition shall not be used for leasing, rent, or trade, nor shall kitchen and/or cooking facilities be installed. The deed restriction shall provide that if the City is required to commence and enforce an action to enforce the conditions contained herein and the City prevails, the City shall be entitled to an award of costs and fees incurred by the City including attorney's fees and administrative costs. The deed restriction shall be recorded with the Office of the County Recorder prior to the issuance of any permits and shall be binding on all future owners or interested parties of the property.,, Motion carried 5-0. The Director noted that this action is appealable to the City Council with appropriate fees and notification to be received by the Community Development Department by 5:30 p.m. November 17, 1997. Planning Commission Minutes November 10, 1997 Page 4 Conditional Use Permit 97-017 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE MAIN PLACE CHRISTIAN FELLOWSHIP FIRST SOUTHERN BAPTIST CHURCH OF TUSTIN 13841 RED HILL AVENUE PUBLIC AND INSTITUTIONAL (P&I) TNIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH A DAY CARE FACILITY AND A SECOND WALL MOUNTED SIGN. Recommendation: - That the Planning Commission adopt Resolution No. 3559 approving Conditional Use Permit 97-017 for a day care/pre- school facility and denying second wall mounted sign. Presentation: Minoo Ashabi, Assistant Planner The Public Hearing opened at 7:30 p.m. Commissioner Kozak expressed concern that the proposed 4'- 8" high wall is not high enough for the protection of the children that will be in the play yard. He would like to have the wall at 6'- 8" Rich Mathisrud, the applicant, noted that the owner of the property was not Red Hill Lutheran church and that a permit had been taken out last week for construction of a wall 6-8" in height. He stated that he did not agree to remove the second wall sign and there had been an electrical permit approved for it by the County in the 1950's. He asked for approval since both of the signs at this location are similar to the prior signs of the Church on Red Hill. He submitted photos which he had taken of other signs in the City which include telephone numbers and are of a larger size. The Director stated that staff believes that there were signs located on the church facility previously but were removed. The signs that are up now do not have permits. In an effort to be flexible staff agreed that if the church could show what was there before, staff would endeavor to accommodate the applicant's second sign request. However, the second sign went up without this verification. Commissioner Davert believes that the signage on this facility is an eyesore. Ne urged the Commission to adhere strictly to the sign code on this issue. Commissioner Pontious does not believe the second sign adds exposure to the facility since it is redundant. Rich Mathisrud stated that the two signs went up at the same time and the monument sign below is for another tenant in the building. Commissioner Davert asked how the issue of multiple tenants using the same facility could be accommodated. The Director stated that the applicant could request a master sign program which would provide flexibility even with respect to area but that changes should not be made to the site without City approval. The Public Hearing closed at 7:45 p.m. Planning Commission Minutes November 10, 1997 Page 5 Commissioner Davert moved, Pontious seconded, to approve Conditional Use Permit 97-017 for a day care/pre-school facility and deny a second wall mounted sign, by adopting Resolution No. 3559 modified as follows: First sentence of Condition 2.1, Exhibit A, page 2, shall read, "The outdoor play area shall be screened from surrounding properties by a minimum 6'- 8" high fence." Resolution No. 3559, Section I, Finding E, page 2, shall add a No. 4 to read, "As conditioned, the installation of a solid fence 6'- 8" in height around the perimeter of the play yard is necessary and would improve screening and security for the day care use from adjacent commercial and school uses." Motion carried 5-0. The Director stated that the sign would need to be removed within three days or the resolution of approval will be void. REGULAR BUSINESS: No Regular Business Scheduled STAFF CONCERNS: Report on Actions taken at the November 3, 1997 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director Along with reported Council actions the Commission was informed of a meeting hosted by the Cultural Resources Advisory Committee, November 12, 1997, 6:30 p.m. at the Council Chambers where Tustin and four other cities will be providing an update of historic preservation activities that are occurring in the various cities. Commissioner Davert moved, Pontious seconded, to receive and file the subject report. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Pontious Suggested that the City's gas station standards be agendized for review in the near future. Commissioner Kozak Commented that it was nice to have the north bound on- ramp to SR 55 back in place. He noted that a permanent halogen lamp mounted on the roof of MiMi's Restaurant shines directly into on-coming traffic at the freeway entrance. Suggested that since the North Tustin Advisory Committee (NTAC) reviews land use items associated with the County entitlement process which may affect the incorporated area of Tustin, he would like to have the Planning Commission informed of the land use issues that NTAC is looking at. Inquired about the Shell Station parcel on Red Hill. Staff stated that the Shell Station project is in plan check and is moving forward. Staff will report the status at the next meeting. Planning Commission Minutes November 10, 1997 Page 6 Commissioner Davert Noted that the Budweiser billboard at Edinger and SR 55 now has neon lights. Asked if a flashing red light could be installed at Prospect and Amaganset due to heavy pedestrian and vehicle traffic at peak hours. Suggested that the Planning Commission, Cultural Resources Advisory Committee and Downtown Business Association exchange information regarding issues and concerns of Old Town. He requested that these committees be added to the list to receive Planning Commission agendas. Commissioner Browne No Comments Commissioner Mitzman - Inquired about the Arco carwash on Red Hill. Staff stated that permits have been issued for the improvements. They have been given six months to complete the work. Staff will report on this status at the next meeting. Asked for Commission discussion on the subject of holding a meeting December 22, 1997. Consensus of the Commission was that staff make the decision on the basis of items scheduled for hearing. ADJOURNMENT: Commissioner Davert moved, Browne seconded, to adjourn the meeting at 7:56 p.m. Motion carried 5-0. The next meeting of the Planning Commission will be held on November 24, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ELIZABETH A. BINSACK Planning Commission Secretary Chairman