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HomeMy WebLinkAboutPC Minutes 09-22-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 22, 1997 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert INVOCATION: Commissioner Pontious Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Dan Fox, Senior Planner Sara Pashalides, Associate Planner Doug Anderson, Traffic Engineer 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 SEPAR3kTE ACTION.) 1. Minutes of the September 8, 1997 Planninq Commission Meetinq. Commissioner Pontious moved, Commissioner Davert seconded, approval of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 97-010 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RANDOLPH HAMPTON AHR/AMPERSAND THE IRVINE COMPANY TUSTIN MARKETPLACE WEST SIDE OF JAMBOREE ROAD BETWEEN BRYAN AVENUE AND EL CAMINO REAL EAST TUSTIN SPECIFIC PLAN MIXED USE LAND DESIGNATION USE THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 11, MINOR ACCESSORY STRUCTURES, INCLUDING SIGNS) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO INSTALL FOUR (4) AUTOMOBILE DIRECTIONAL PYLON SIGNS ON THE WEST SIDE OF JAMBOREE ROAD BETWEEN BRYAN AVENUE AND EL CAMINO REAL. Recommendation - That the Planning Commission adopt Resolution No. 3545, approving Conditional Use Permit 97-010. Senior Planner, Daniel Fox, AICP presented the staff report. Planning Commission Minutes September 22, 1997 Page 2 The Public Hearing opened at 7:04 p.m. The Public Hearing closed at 7:05 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to approve Conditional Use Permit 97-010 by adopting Resolution No. 3545. Motion carried 5-0. 3. Conditional Use Permit 97-006 and Desiqn Review 97-011 PROPERTY OWNER/APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: RICK RENGEL RENGEL & CO. ARCHITECTS 333-339 EL CAMINO REAL CENTRAL COMMERCIAL DISTRICT; C-2; CULTURAL RESOURCES OVERLAY DISTRICT AND TOWN CENTER REDEVELOPMENT PROJECT AREA THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO ADD 1,845 SQUARE FEET TO 339 EL CAMINO REAL, DESIGNATE MORE THAN 50 PERCENT OF THE TOTAL FLOOR AREA AT 339 EL CAMINO REAL FOR OFFICE USE AND ALTER THE EXISTING EXTERIOR FACADES OF 333 AND 339 EL CAMINO REAL. Recommendation That the Planning Commission adopt Resolution No. 3546, approving Conditional Use Permit 97-006 and Design Review 97- 011. Senior Planner, Daniel Fox, AICP presented the staff report. The Public Hearing opened at 7:10 p.m. Tina Surfas, 365 E1 Camino Real, stated her concern with parking and safety problems. Richard Renqel, applicant, stated that he agrees with all of staff's conditions and that he has a verbal agreement with Black Sheep Bistro for reciprocal parking. Commissioner Pontious asked if the applicant could enter into a written agreement with Black Sheep Bistro. Richard Renqel noted that Black Sheep Bistro is a tenant and the property owner does not wish to enter into a written agreement but does not have a problem with verbal agreements with the existing tenant. Commissioner Browne asked the applicant about the importance of the tower design to the building. Richard Renqel stated that when the remodel was planned, he did not believe the building had historical value but he has no problem with the change in the tower. Commissioner Kozak asked how the tandem parking is used. Richard Rengel stated that the tandem parking works very well with the four existing spaces behind 333 E1 Camino Real. The Public Hearing closed at 7:18 p.m. Dan Fox stated that staff tries to be as flexible as possible to accommodate the parking needs in Old Town. Planning Commission Minutes September 22, 1997 Page 3 Commissioner Pontious indicated her concern with future complaints from neighboring properties. Dan Fox indicated that a condition could be added to the resolution to address her concern. The Director asked if the traditional language used in the past would be acceptable to the Planning Commission. The Planning Commission affirmed. Commissioner Kozak asked if the roof line treatments at 333 and 339 E1 Camino Real would match. Dan Fox indicated that the roof line treatments would be the same. Commissioner Davert motioned, Commissioner Pontious seconded, to approve Conditional Use Permit 97-006 and Design Review 97-011 by adopting Resolution No. 3546 amended as follows: Condition 3.4 added to read "If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a result of insufficient on-site parking availability, then the Co--unity Development and Public Works Departments may require the property owner to submit a parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Coam%unity Development and Public Works Departments. Said mitigation may include, but not be limited to, the following: a. Establish alternate hours of operation. b. Reduce the demand for parking· Provide additional parking as needed, up to minimum number required for the uses consistent with the Zoning Code standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off-site parking would require approval by the Community Development Director. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established, shall be grounds for initiation of revocation procedures for Conditional Use Permit 97-006 and Design Review 97-011." Motion carried 5-0. Conditional Use Permit 97-005, Desiqn Review 97-009 and Tentative Parcel Map 97-117 (535 East Main Street) (Continued from Planning Commission Meeting of August 11, 1997) On the advice of the City Attorney, due to his involvement with an application for a gas station on Edinger Avenue, Commissioner Mitzman abstained from this action. Recommendation - That the Planning Commission: 1. Table this item and provide direction to the applicant and staff regarding the outstanding concerns for the project; and 2. Request that the project be re-noticed when all discretionary applications and materials are Planning Commission Minutes September 22, 1997 Page 4 submitted, outstanding issues resolved, and the final project analyzed. Associate Planner, Sara Pashalides presented the staff report. The Director indicated that a resolution of approval had been prepared incorporating staff's concerns in the staff report. The noise study which was submitted on September 16, 1997 was not able to be reviewed by the City's consultant. The noise study created some inconsistencies in the plan that was submitted for the Commission's consideration and the recommendations of the study. There were some modifications now proposed that members of the public did not have the benefit of considering, particularly the fact that the roof is proposed to be removed from the tunnel of the car wash building. There are inconsistencies between the noise study and the plan about the size of the sound wall. The sound wall may require a variance and therefore would need to be noticed so that members of the public will have the ability to review and comment on revised plans. Commissioner Browne inquired about the time needed by staff to review the noise study and if staff needs additional input from the applicant. The Director indicated that once the applicant submits a noise study that is consistent with the plan, a couple of weeks would be required for review. The Public Hearing opened at 7:39 p.m. John Kelly, 330 E1 Camino Real stated he has been following this issue in the newspapers and feels that staff is being wayward and nitpicky. Travis McWilliams, 328 W. 3rd St. stated that the project is outstanding and would like to see it move along. Greq Bennett, applicant, stated his appreciation for the concerns of staff and that he is close to a solution that can be supported by staff. He stated that his acoustic engmneer was not familiar with Tustin and did not realize the difference between a 6'8" wall and a 7' wall. He has since modified the report to a 6'8" wall so as to not require a variance. He stated that with the elimination of the roof on the car wash, the noise goes straight up thereby not affecting the neighbors. Due to the height of the parapet, the roof cannot be viewed from anywhere on the site or viewed from the second level of the other two office buildings adjacent to the property. He passed out a copy of his August 14th letter to the Planning Commission. He stated that the property cannot be consolidated any further economically and that with the screening, no pumps are visible from the street. Commissioner Davert stated his concern with the Commission making an exception to the guidelines and asked the applicant if the the screening hides the pumps from the street. If so, the design could be flipped to comply with the guidelines. Greg Bennett stated that the reverse function mathematically fit and physically can not be done. will not The Public Hearing closed at 8:03 p.m. Commissioner Kozak stated that he would like to move project forward tonight. Commissioner Davert stated that he researched the city code and findings need to be made one way or another and does not feel the Commission has the authority to dismiss the guidelines. Planning Commission Minutes September 22, 1997 Page 5 Commissioner Pontious stated that in dealing with these issues over the years, she tries to be fair and it is critical that every applicant be treated equally and she does not find anything unique about this site to allow her to give an exemption to the guidelines. Commissioner Browne stated that the site is unique and asked if the project has taken on a personal nature preventing staff and the applicant from coming to an agreement. The Director stated that within three days of the August 11, 1997 Planning Commission meeting, staff presented a letter to Mr. Bennett with suggestions. Staff took pictures to try to provide as much direction as possible. Staff asked the applicant to submit documents to staff by September 10th. Staff did receive some documents, but did not receive the noise study. Although Mr. Bennett said that the noise study had been submitted on the 10th, it was not actually received until September 15th which is the day before staff reports are copied for the Planning Commission packets. With the late notice, staff was not able to take forward a resolution of approval because the public needed to be notified that a variance was being considered. She stated that she had identified to Mr. Bennett that staff would bring a status report back to the Commission; however, Mr. Bennett stated that was not his desire. She also noted that the project is not personal and that staff has not received information to justify a variation from the guidelines and that it would be appropriate for the Commission to make findings to do so. Greq Bennett stated that the design guidelines are to be followed whenever feasible and that he would rather have the Commission deny the project tonight and move on. Lois Bobak, Deputy City Attorney, stated that many things can constitute evidence of the infeasibility of meeting the design guidelines and the applicant should present evidence to support those findings. She further stated that although Mr. Bennett has stated his opinion that it is financially infeasible, there is no evidence to support that opinion. Commissioner Davert stated his concern with departing from the guidelines and that the City Council has authority to change or ignore the guidelines. Commissioner Pontious stated that the Commission needs specifics from the applicant demonstrating the infeasibility. Greg Bennett stated that he can generate findings that are empirical so that the commission would be compelled to approve the project. Commissioner Pontious stated that there is nothing that requires the applicant to have three functions on the site and findings need to be made that no special privilege is being granted in deviating from the guidelines. The Director stated that staff can bring a resolution forward for the Commission's consideration but the Commission needs to indicate what they wish included in the resolution. Lois Bobak indicated that staff can write findings that it is infeasible but the Commission has to be comfortable that there is evidence in the record to support the findings that staff writes. Commissioner Davert stated that he has no justification to future applicants for making an exception on this project. Planning Commission Minutes September 22, 1997 Page 6 Commissioner Kozak stated that he does not want to involve the City Council and that the Commission needs to give staff direction to write the findings. Commissioner Pontious indicated that she is still not comfortable with vehicular and pedestrian traffic flow on the site. Commissioner Kozak suggested a condition that requires automobiles exiting the car wash to exit onto Newport Avenue. Commissioner Pontious stated that it is a great project but not for this site. Greg Bennett asked Commissioner Davert if findings were created would he support the project. Commissioner Davert stated he still has minor issues with design and asked the applicant if it would be better to deny the project tonight. Greq Bennett stated that he feels that he has Council support but would rather have the Commission approve the project. The Director noted that the Commission can continue the item to a date certain or table the item and that staff would need two weeks to review all submittals from the applicant. She also stated that since the architecture has changed it may be appropriate to renotice the hearing. Lois Bobak stated that Commissioner Davert should indicate his concerns with the design tonight so that staff may work with the applicant to address them prior to the next meeting. Commissioner Davert stated his concern with the city's water quality management plan requirement for the second canopy and asked how that can be ignored. He also stated there would be more horn honking than the four times per day indicated. He noted that the noise study did not address the issue of a 24 hour operation. The Director requested that Mr. Bennett submit the empirical data he has to support findings. The Commission asked the applicant if tabling the project would be alright with him. Greq Bennett indicated that tabling for up to 60 days would be fine with him. Commissioner Browne moved, Commissioner Davert seconded, to table the item for four meetings. Motion carried 3-1. Vice Chair Pontious was opposed. REGULAR BUSINESS: 5. Status Reports Recommendation - Receive and file. Senior Planner, Dan Fox presented the subject report. Commissioner Davert moved, Commissioner Pontious seconded, receive and file. Motion carried 5-0. to Planning Commission Minutes September 22, 1997 Page 7 STAFF CONCERNS: Report on Actions taken at the September 15, 1997 City Council Meetinq. The Director reported on the subject agenda· COMMISSION CONCERNS: Commissioner Davert Indicated that he found the Second Annual Planning Officials forum informative and thanked staff for the opportunity to attend. Asked staff to check if banners and flags at 17291 Irvine Boulevard are permitted. Commissioner Kozak Thanked staff for the opportunity to attend the Planning Officials Forum. Noted that there was graffiti on a bus bench at E1 Camino Real and First Street. Noted that he hoped three dead palm trees at the rear of the property at 333 and 339 E1 Camino Real would be removed during the remodel of that property. Commissioner Pontious Noted that ivy by the freeway on Nisson Road between Red Hill Avenue and Newport Avenue was dying. Chairman Mitzman Noted that the early morning construction noise problem on the high school site has improved in the last few days and thanked staff. Staff noted that a zero tolerance policy has been enacted and code enforcement personnel would be regularly checking on the site. - Noted that the Case Swayne demolition work had begun. ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 8:51 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on October 13, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 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