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HomeMy WebLinkAboutPC Minutes 11-25-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 25, 1996 CALL TO ORDER: 7:04 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Steve Kozak INVOCATION: ROLL CALL: MCAS, Tustin Chaplain, Lt. Tim Janning Commissioners Present: Lou Bone, Chairman Steve Kozak Howard Mitzman Leslie Pontious David Vandaveer Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Sara Pashalides, Associate Planner Gregory Gubman, Associate Planner Barbara Reyes, Planning Commission Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No one addressed the Commission 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 November 12, 1996 Planninq Commission Meetinq. 2. Conditional Use Permit 94-026 (JIWA) Status Report Recommendation: Receive and File Commissioner Vandaveer moved, Pontious seconded, to approve the consent calendar. Motion carried 5-0. PUBLIC HEARINGS: 3. Conditional Use Permit 96-033/Amendment to Conditional Use Permit 69-300 (Continued from Planning Co,,,~,ission Meeting of November 12, 1996) APPLICANT: TENANT: SARA BARNETT 14031 UTT DRIVE TUSTIN, CA 92780 PACIFIC AUTO PARTS 125 WEST MAIN STREET TUSTIN, CA 92780 Planning Commission Minutes November 25, 1996 Page 2 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 125 WEST MAIN STREET CENTRAL COMMERCIAL - PARKING AND CULTURAL RESOURCE OVERLAY DISTRICTS (C2 - P & CR) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO PERMIT TWO (2) METAL STORAGE CONTAINERS AND THREE (3) MILITARY VEHICLES. Recommendation - That the Planning Commission adopt Resolution No. 3495 approving Conditional Use Permit 96-033. Presentation: Sara Pashalides, Associate Planner Commissioner Vandaveer excused himself due to a conflict of interest. The Public Hearing opened at 7:06 p.m. Sara Barnett, the applicant, stated she had a problem with the wording of Condition 1.5. She does not want the legal responsibility of defending the City of Tustin if a lawsuit is filed challenging the application approval. Her concern is that she will be held responsible for things she has no control over. Lois Bobak, Deputy City Attorney, stated that the condition is not intended to have the owner or tenant defend or indemnify the City in the case of a lawsuit brought by someone who is injured as a result of the approval, only for the entitlement process. Sara Barnett, stated she understands what the Deputy Attorney has said but has consulted her own attorney and is concerned since she is not able to control the entitlement process, including the legal notification of persons within the 300 foot radius. It was the consensus of the Commission that the item be continued to allow Mrs. Barnett time to consult with a land use attorney specializing in this type of law. Commissioner Mitzman moved, Pontious seconded, to continue this item to the January 13, 1997 Planning Commission meeting. Motion carried 4-0. Coam~issioner Vandaveer abstained. 4. Conditional Use Permit 96-035 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DINA LEE 12262 NEWPORT AVENUE SANTA ANA, CA 92705 SAUL STEVENS 4709 HILLSBORO CIRCLE SANTA ROSA, CA 1021 IRVINE BOULEVARD RETAIL COMMERCIAL DISTRICT (C-i) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO ESTABLISH A FORTUNE TELLING USE IN AN EXISTING BUILDING Recommendation - That the Planning Commission adopt Resolution No. 3496 approving Conditional Use Permit 96-035. Presentation: Daniel Fox, Senior Planner The Public Hearing opened at 7:29 p.m. There were no questions from the Commission. The Public Hearing closed at 7:29 p.m. Planning Commission Minutes November 25, 1996 Page 3 Commissioner Pontious moved, Vandaveer Resolution No. 3496 approving Conditional Motion carried 5-0. seconded, to adopt Use Permit 96-035. Conditional Use Permit 96-026 and Desiqn Review 96-036 (Continued from Planning Commission Meeting of October 14, 1996) APPLICANT: OWNER: AGENT: LOCATION: ZONING: ENVIRONMENTAL STATUS: L.A. CELLULAR 17785 CENTER COURT DRIVE NORTH CERRITOS, CA 90703 ATTN: LESLIE DAIGLE MELVIN A. MOORE 17117 SOUTH BROADWAY GARDENA, CA 90248 TI PLANNING & DESIGN 2314 MICHIGAN AVENUE SANTA MONICA, CA 90404 ATTN: KEITH GLASSMAN 1001 EDINGER AVENUE REGIONAL CENTER - PACIFIC CENTER EAST SPECIFIC PLAN SOUTH CENTRAL REDEVELOPMENT PROJECT AREA THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15303 ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO ESTABLISH A MAJOR WIRELESS COMMUNICATION FACILITY. DETERMINED TO BE 3) PURSUANT TO THE OF THE CALIFORNIA Recommendation - That the Planning Commission adopt Resolution No. 3480 denying Conditional Use Permit 96-026 and Design Review 96- 036. Presentation: Sara Pashalides, Associate Planner The Public Hearing Opened 7:30 p.m. Linda Paul, representing the applicant, stated that L.A. Cellular was not proposing a monopole at this time and is willing to do anything that staff or the Commission requests to install this facility. L.A. Cellular agrees that their facility should not dictate the design of the Pacific Center East Specific Plan but they are proposing something temporary in nature which could be unassembled at a future time and relocated. Ms. Paul distributed a handout to the Commission showing a history of the site and a site configuration map. She offered several possibilities which would work to mitigate visual impacts. She addressed the letters of opposition by citing examples of signs and billboards already on the site and suggested that the antenna would be an insignificant addition to the area. L.A. Cellular could construct a monolith design similar to that in the Tustin Market- place not lighted and flush mounted or a monopine which simulates the look of a tree. Her firm would like to bring back visual simulations if the Commission would offer some direction. She distributed drawings to illustrate examples of temporary facilities. Commissioner Mitzman asked if the facility could be located on the Catellus property. Linda Paul stated that the Catellus property was unavailable. Commissioner Bone asked why they could not use the Auto Mall sign and if they have contacted Caltrans. Linda Paul stated the Auto Mall sign would not give them enough coverage and the antenna would not be pointed in the appropriate direction. The Auto Mall sign was previously rejected by the radio frequency engineers. Ms. Paul stated that her firm has been negotiating with Caltrans for ten years; any property owned by Caltrans which requires access from a freeway or on-ramp is considered unacceptable to them and nothing can be placed on any of Planning Commission Minutes November 25, 1996 Page 4 their structures due to a maintenance issue. She stated that the proposed location is ideal and they are willing to do anything to make it work. Commissioner Kozak suggested placing the antennas on the propane sign. Commissioner Bone asked if the monobox could be placed on the propane sign. Linda Paul stated that she was not sure this could be accomplished, but would explore this opportunity. Steven A. Moore, President of the Propane Company, stated that the business has been on the site for 30 years. They have made a tentative agreement with L. A. Cellular and would like to have Commission approval. He believed there were no legitimate concerns by the residents related to economic impacts and the visual impacts would be minimal. Commissioner Bone asked the distance from the proposed cellular site from the propane sign and if the monobox could replace the propane sign. Steven A. Moore stated a distance of 200 feet separates the proposed cellular site from the propane sign and his firm would be willing to consider the sign change suggestion. Commissioner Vandaveer asked the height of the propane sign. Staff stated it was approximately 60 feet in height. Commissioner Pontious stated she would be more comfortable with making an exception to the sign code than placing the facility too close to the residences. The Director suggested continuing the item to allow staff time to study the issue and to allow L. A. Cellular an opportunity to confer with the property owner. Commissioner Vandaveer stated that if it is found that the property site is actually located in Santa Ana, he would like to see more study on the feasibility of the monopine. Commissioner Kozak asked for a status report to be prepared and presented at the first meeting in January. Robert A. Wehn, 18082 Lillian Way, Tustin, expressed his concerns on the radiation saturation in the area at this and future cellular sites. Commissioner Vandaveer moved, Pontious seconded, to continue this item to the January 27, 1997 Planning Commission meeting. Motion carried 5-0. Amendment No. 2 To Vestinq Tentative Tract 14410, Amendment No. 2 To Hillside Review 95-001, Design Review 96-037 And Amendment No. 3 To Conditional Use Permit 91-008 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL LEWIS HOMES OF CALIFORNIA 1156 NORTH MOUNTAIN AVENUE P.O. BOX 670 UPLAND, CA 91785-5008 ATTENTION: DAVID W. GRAF LOTS 7, 8, "N", "O" AND "U" NORTHWESTERLY CORNER OF PETERS PIONEER ROAD LOW DENSITY RESIDENTIAL/HILLSIDE DISTRICT - EAST TUSTIN SPECIFIC PLAN (ETSP) OF TRACT 13627; CANYON ROAD AND Planning Commission Minutes November 25, 1996 Page 5 STATUS: REQUEST: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO PROVIDE ANADDITIONAL PRODUCT TYPE TO THE BUILDOUT OF A PREVIOUSLY APPROVED RESIDENTIAL DEVELOPMENT Recommendation - That the Planning Commission take the following actions: o Adopt Resolution No. 3466 approving the Environmental Determination for the project; Adopt Resolution No. 3467 amending Hillside Review 95-001; Adopt Resolution No. 3468 approving Design Review 96-037; Adopt Resolution No. 3469 amending Conditional Use Permit 91- 008; and Adopt Resolution No. 3470 recommending that the City Council approve Amendment No. 2 to Vesting Tentative Tract Map 14410. Presentation: Gregory Gubman, Associate Planner The Public Hearing opened at 8:21 p.m. Commissioner Bone requested that a Condition of Approval be added to make sure that garages are used for vehicles, not storage, and he asked if all 14 existing residents and the five pending residents have agreed to the change since he did not see any signed statements to that effect. Greg Gubman stated the documentation is on file at City Hall but had not been included to protect the confidentiality of transactions. Commissioner Kozak asked why there was a written disclosure for plan 388 and only verbal for plan 505. Greq Gubman stated that initially the 388 plan was the only product proposed. The applicant could be requested to provide written disclosure for the plan 505. Gary Luque, representing Lewis Homes, thanked staff and the Commission and asked if there were any questions. Commissioner Bone asked if the mailboxes could be placed behind the sidewalks. Gary Luque stated that the Post Office has requested this and Lewis Homes is now in the process of moving the mailboxes behind the sidewalks. The Public Hearing closed at 8:40 p.m. Commissioner Mitzman moved, Vandaveer seconded, to adopt Resolution No. 3466 approving the Environmental Determination for the project. Motion carried 5-0. Commissioner Mitzmanmoved, Pontious seconded, to adopt Resolution No. 3467 amending Hillside Review 95-001. Motion carried 5-0. Commissioner Mitzman moved, Vandaveer seconded, to adopt Resolution No. 3468 approving Design Review 96-037 amended as follows: Condition No. 3.10 added to read, "Personal storage may occur within enclosed garages to the extent that vehicles can be parked within the garages at rates required by the East Tustin Specific Plan. Motion carried 5-0. Commissioner Mitzman moved, Vandaveer seconded, to adopt Resolution No. 3469 amending Conditional Use Permit 91-008. Motion carried 5- 0_~. Planning Commission Minutes November 25, 1996 Page 6 Commissioner Mitzman moved, Vandaveer seconded, to adopt Resolution 3470 recommending that the City Council approve Amend ment No. 2 to Vesting Tentative Tract Map 14410. Motion carried 5- 0. 7. Comprehensive Revisions To The City's Subdivision Cod~ Recommendation: - That the Planning Commission continue this item to the December 9, 1996 Planning Commission meeting. Presentation: Daniel Fox, Senior Planner Commissioner Pontious moved, Vandaveer seconded, to continue this item to the December 9, 1996 Planning Co ...... ission meeting. Motion carried 5-0. 8. Project Modification Request Code Amendment 96-3 (Draft Ord. No. 1173) is a City initiated proposal to amend Tustin City Code Section 9272 DESIGN REVIEW to add procedures for modifications to residential projects subsequent to City approval. Recommendation: - That the Planning Commission: 1. Conduct a public hearing; 2. Adopt Resolution No. 3503 recommending that the City Council approve the environmental determination for the project; and, 3. Adopt Resolution No. 3504 recommending that the City Council adopt Ordinance No. 1173 amending Tustin City Code Section 9272. DESIGN REVIEW. Presentation: Elizabeth Binsack, Director The Public Hearing opened at 8:40 p.m. Commissioner Bone requested an explanation of phasing as noted on page 3, item 15 of the Ordinance. He would also like to see an addition to Section G and the exception section requiring written approval. The Director stated that the City now requires phasing of all of the development proposals, this Ordinance would require that phasing be enforced which would eliminate the possibility of the pick a lot programs in any phase as occurred in the Bramalea project. An individual may be able to pick a lot within the current phase being developed. Commissioner Pontious asked how this would exclude the developer from voting. The Director stated that the developer would be entitled to one vote for each lot on which a home has been constructed but not sold. Commissioner Mitzman stated there was a fine line between ownership property rights and development approvals. He noted that he knew of many in the development industry who would not do business in Tustin. He stated that to hold up a subsequent phase until all homes in the previous phase are built is not fair to the developer. He is very concerned with this major change especially with no one from the public present for discussion. He asked if the Irvine Company and the B.I.A. had been notified. Planning Commission Minutes November 25, 1996 Page 7 Daniel Fox stated that phasing is already required in the approved phasing plan and custom lots would still be allowed. The only addition is the formal finding that the Planning Commission or the design review body consider phasing as a part of the project. The Director stated that this project had been noticed in the newspaper, posted as required by law and copies were sent to Mike LeBlanc at the Irvine Company and the Master Associations within Tustin Ranch. No comments had been received. Commissioner Mitzman asked how staff came up with the percentages. The Director stated the Council's direction was to limit developers ability to change the project after City approval and homes were constructed. As an example, Lewis Homes changed their project four times before they pulled permits. Commissioner Mitzman stated he saw nothing wrong in changing the projects as long as the developer was within the guidelines of the East Tustin Specific Plan. The Director stated that City Council had provided very clear direction about their concerns and what they wanted to see in the Ordinance amendment; therefore, City staff and City Attorney provided the limiting parameters now being considered. Commissioner Mitzman suggested that these parameters are too stringent and he would like to see staff survey other cities in and outside of Orange County. Daniel Fox stated that two years ago, staff surveyed the majority of the Orange County cities and found that half required some type of discretionary process similar to Tustin and the other half used the plan check level to deal with the situation. Commissioner Mitzman suggested that there may be only 20 cities in Orange County that have the amount of growth as Tustin and he does not think this analysis makes sense. He does not believe there is enough information in this report to say that 5 percent is reasonable. Tustin needs to be business friendly to the building community. Commissioner Bone stated that City Council was very specific as to what they wanted and staff has followed their direction. Daniel Fox stated that the Ordinance provides a two tiered system. A fairly minor adjustment in square footage would only require a simple majority, if a greater adjustment was made it would require greater support of the existing residents. Commissioner Pontious noted that one positive aspect of this proposal was to encourage the developer to work with the existing homeowners. Commissioner Mitzman asked if the City Attorney was aware of case law challenging regulations of this nature. Lois Bobak stated she was not aware of any case law on the matter. Commissioner Bone asked for clarification of the language which reflects the 51 percent vote by persons owning homes. The Director stated that the language could be changed to read that the proposed modifications have been approved in writing by 51 percent of the existing homeowners within the subdivision and that the exception section should also be changed. Planning Commission Minutes November 25, 1996 Page 8 Commissioner Pontious - noted that it would be helpful to City Council if staff would include some examples of changes. The Public Hearing closed at 9:10 p.m. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3503 recommending that the City Council approve the environmental determination for the project. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3504 recommending that the City Council adopt Ordinance No. 1173 with page 4, item G (1), first sentence, ~mended to read, "The proposed modifications have been approved by 51 percent of the existing resident homeowners, including individuals in escrow, within the subdivision.", amending Tustin City Code Section 9272. DESIGN REVIEW. Motion carried 4-1. Commissioner Mitzman opposed. REGULAR BUSINESS: 9. Status Reports Presentation: Daniel Fox, Senior Planner Commissioner Vandaveer asked if some of the inactive items could be removed from the report. Daniel Fox - stated that applicants will be contacted to accomplish removal. Commissioner Vandaveer moved, Pontious seconded, to receive and file this report. Motion carried 5-0. STAFF CONCERNS: 10. Report on Actions taken at the November 18, 1996 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Vandaveer - Requested an update on the Laguna Gardens project. Staff noted that the project is currently at a standstill but will provide a report to the Commission at next meeting. Commissioner Pontious - Reported that ivy plantings by Caltrans at the on/off ramps at Nisson and E1 Camino and near Mitchell toward Red Hill have not been maintained and are dying. The Director will contact Caltrans and report back to the Commission. - Reported that the neon signs at the Micro Center building have failed and are only partially lit. Staff will contact them to affect repair. Planning Commission Minutes November 25, 1996 Page 9 Commissioner Mitzman - No Comments Commissioner Kozak Inquired if the City has taken a position with respect to noise and safety issues as related to the EIR for MCAS, E1 Toro, and take-offs over the north Tustin area. He requested that staff provide a monthly report to the Commission providing information on the status of projects there. The Director will make a report available to the Commissioners and will also provide a copy of the letter received on the EIR. She stated that the EIR is available at City Hall for inspection. Commissioner Vandaveer Concerned about the neon trim appearing inside restaurant windows particularly at Newport and Walnut and at Newport just before Nisson on the east side of the street. The Director will follow up on compliance with City regulations. Commissioner Bone Inquired if the City now has three Code Enforcement Officers on staff. The Director affirmed and stated that with the addition of the third officer, weekend coverage will normally be continuous. Reported that Tustin is the first City in the State of California to have Caltrans G66 signs installed along the freeway. These signs display business names to the traveling public. Reported that human arrows have appeared again and were even at City Hall over the weekend. - Wished everyone a happy Thanksgiving. ADJO~NT: Commissioner Vandaveer moved, Pontious seconded, to adjourn the meeting to 6:30 p.m., December 9, 1996, at which time a Board of Appeals meeting will be held in the Council Chambers, 300 Centennial Way, Tustin. The meeting adjourned at 9:25 p.m. Motion carried 5-0. LOU BONE Chairman Recording Secretary