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HomeMy WebLinkAboutPC Minutes 09-23-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 23, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Leslie Pontious INVOCATION: MCAS, Tustin Chaplain, Lt. Tim Janning, CHC, USNR ROLL CALL: Commissioners Present: Lou Bone, Chairman Dave Vandaveer, Chairman, Pro-Tem Steve Kozak Leslie Pontious Absent: Howard Mitzman Staff Present: Elizabeth Binsack, Director, Community Development Lois Bobak, Deputy City Attorney Sara Pashalides, Associate Planner Barbara Reyes, Recording Secretary Bob Stachelski, Transportation Engineer Commissioner Bone extended congratulations on behalf of the Commission to Dan Fox, City Staff Senior Planner, on the birth of daughter Evelyn Elizabeth, on September 19, 1996. 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 September 9, 1996 Planninq Commission Meeting. Commissioner Pontious moved, Vandaveer seconded to approve the consent calendar. Motion carried 4-0. PUBLIC HEARINGS: Tentative Tract Map 15326, Conditional Use Permit 96-013, Variance 95-005 and Desiqn Review 96-026 APPLICANT OWNER VISTA EQUITIES 5000 BIRCH STREET, SUITE 9400 NEWPORT BEACH, CA 92660 ATTN: CHARLES FRY SALOMON INVESTMENT COMPANY 530 B STREET, SUITE 1350 SAN DIEGO, CA 92101-4469 Planning Commission Minutes September 23, 1996 Page 2 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ATTN: CECILE SALOMON 1361 EL CAMINO REAL R-3 (MULTIPLE-FAMILY RESIDENTIAL) A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 1. A TENTATIVE TRACT MAP TO SUBDIVIDE AN APPROXIMATE FIVE (5) ACRE SITE INTO ONE (1) NUMBERED LOT TO ACCOMMODATE 64 CONDOMINIUM UNITS; 2. A CONDITIONAL USE PERMIT AND RELATED DESIGN REVIEW TO AUTHORIZE THE CONVERSION OF THE EXISTING 64 APARTMENT UNITS TO CONDOMINIUM UNITS WITH RELATED SITE AND BUILDING IMPROVEMENTS; AND, 3. A VARIANCE TO ALLOW A PERIMETER FENCE TO EXCEED THREE FEET IN HEIGHT WITHIN THE FRONT YARD SETBACK AREA, REDUCE THE AMOUNT OF REQUIRED PARKING FROM 144 SPACES TO 133 SPACES, AND MODIFY THE AMOUNT AND TYPE OF RELOCATION ASSISTANCE. Recommendation actions: -That the Planning Commission take the following Approve the Environmental Determination for the project by adopting Resolution No. 3473; Recommend that the City Council approve Tentative Tract Map 15326 by adopting Resolution No. 3474; and, Approve Conditional Use Permit 96-013, Variance 96-005 and Design Review 96-026 by adopting Resolution No. 3475. Presentation: Sara Pashalides, Associate Planner Commissioner Vandaveer abstained due to a conflict of interest. Charles (Chuck) Fry, representing Vista Equities, stated they have been working closely with City staff, the Redevelopment Agency and the residents of the Laguna Gardens project. The Public Hearing opened at 7:14 p.m. The Public Hearing closed at 7:14 p.m. Commissioner Kozak stated he was glad to see that the current residents have been provided with purchase opportunities and thought it a good project. Commissioner Pontious stated she thought it was a good project and will certainly upgrade the area. Commissioner Bone questioned the requested reduction of parking spaces which would provide only five spaces for visitors and asked if there was any plan to add additional parking in the future. The Commissioner questioned the reason for adding Condition 2.1 of Resolution No. 3474 which restricts exiting from the westerly driveway. The Director stated that the site was constrained from providing any more parking on-site but they are proposing more parking than is currently available with no additional units being added. She indicated that because the City Traffic Engineer was concerned with the placement of the driveway at this location, there had been a great deal of discussion. Condition 2.1 was a compromise to locate the driveway at this location. Planning Commission Minutes September 23, 1996 Page 3 Commissioner Bone asked what kind of garage doors would be installed and if the Homeowners fees would be sufficient to maintain the high level of improvements on this project. Chuck Fry stated that roll up doors would be used on the garages. Concerning the fees, the applicant stated that they were required by the State Department of Real Estate to submit a budget which identifies the operating costs to maintain the project as it is proposed and a reserve study to analyze the remaining economic life of all of the improvements. The reserve study is updated every three years to maintain the improvements. Commissioner Pontious moved, Kozak seconded to approve the Environmental Determination for the project by adopting Resolution No. 3473. Motion carried 3-0. Commissioner Vandaveer abstained. Commissioner Pontious moved, Kozak seconded to recommend that the City Council approve Tentative Tract Map 15326 by adopting Resolution No. 3474 amended as follows; Page 11, Condition 8.1, Provision M, shall read, "Maintenance of all landscaped areas adjacent to E1 Camino Real shall be by the Homeowners Association." Motion carried 3-0. Commissioner Vandaveer abstained. Commissioner Pontious moved, Kozak seconded to approve Conditional Use Permit 96-013, Variance 96-005 and Design Review 96-026 by adopting Resolution No. 3475 amended as follows; Page 2, Condition 3.3 shall read, "The applicant shall note on final plans that a six-foot high chain linked fence shall be installed around the area of construction within the project site prior to construction stages of each phase or effected area of construction subject to review and approval of the Director of Community Development. Gated entrances shall be permitted along the perimeter of the site for construction vehicles." Page 2, Condition 3.4, shall read, "The applicant shall provide a photometric study for the property to demonstrate compliance with the City's Security Ordinance which requires a minimum of one (1) footcandle of illumination on the street and parking surface, and a minimum of .25 footcandles on sidewalks, pool area and other pedestrian areas, subject to the review and approval of the Director of Community Development." Motion carried 3-0. Commissioner Vandaveer abstained. 3. Conditional Use Permit 96-018 and Desiqn Review 96-030 APPLICANT: AGENT: PROPERTY OWNER: LOCATION: ZONING: HENRY KUMAGAI 19021 CANYON DRIVE VILLA PARK, CA 92667 LUNA PLANNING & ARCHITECTURE 2919 ESTANCIA SAN CLEMENTE, CA 92673 THE IRVINE COMPANY P.O. BOX I NEWPORT BEACH, CA 92658 COSTCO/K-MART CENTER (LOT 5 OF TRACT 14610) MIXED USE LAND USE DESIGNATION, EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. APPROVAL OF THE ARCHITECTURAL DESIGN OF A AUTO/TIRE SERVICE FACILITY Planning Commission Minutes September 23, 1996 Page 4 Recommendation - That the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3476; and Approve Conditional Use Permit 96-018 and Design Review 96-030 by adopting Resolution No. 3477, as submitted or revised. Presentation: Sara J. Pashalides, Associate Planner Commissioner Bone residential street. of operation. asked if Tustin Ranch Road was considered a He was also concerned about the Sunday hours Sara Pashalides stated that although Tustin Ranch Road is not considered a residential street there was concern about test drivers turning around on the adjacent residential streets. Commissioner Kozak stated he was also concerned about the Sunday hours of operation and screening of the trash enclosure. Sara Pashalides stated that the trash, including items for disposal and storage are all enclosed within the building. The public hearing opened at 7:47 p.m. Maria Luna, Luna Planning and Architecture, stated that Mr. Kumagai has been in business in Tustin since 1991 with the Tustin Plaza Auto wash. In selecting an appropriate site for his tire store, he chose this site which has been designed to minimize any negative impacts to residential areas. The applicant is proposing a change to the hours of operation and would like some discussion on this. Commissioner Bone asked if tires would be displayed on the sidewalk. He also complimented Mr. Kumagai for meeting with the residents; showing his concern for the community. Maria Luna, stated that the site was designed for pedestrian traffic and would not include outdoor displays. All sales and service take place within the building. Becky Smith, 2574 Sutter Court, asked what was meant by the SEL notation on the Noise Source summary of measurement and analysis. David Wieland, J.J. Van Houten & Associates, stated that SEL stood for "sound exposure level" and is the amount of time sound energy is generated from beginning, as it rises and ends. He stated that the sound level for this project was well below City standards. Commissioner Vandaveer asked if the sound levels would go down once pads 2 and 3 were occupied. David Wieland, stated sound levels would go down slightly for a few of the homes directly behind those two pads. Commissioner Pontious asked Mr. Wieland to indicate what the dB(A) level would be since the report indicated the proposed facility was to be below ambient traffic levels. David Wieland, stated that when a car travels on Tustin Ranch Road, it is generating noise levels of 60 to 70 dB. Becky Smith, stated she understood more about the report now but that at her home she could hear the pager at the Auto Mall which is even further away than what this building will be. Planning Commission Minutes September 23, 1996 Page 5 The public hearing closed at 8:00 p.m. Commissioner Vandaveer stated he likes the look of the project, and that Mr. Kumagai has worked hard to make this good for the neighborhood and keep the sound levels down. He has no problem with the proposed change of hours proposed by Mr. Kumagai. Commissioner Kozak suggested that the Sunday closing time be 5:00 p.m. Commissioner Bone stated he could go along with the 5:00 p.m. closing on Sunday but would like to keep the opening time on Sunday to 9:00 a.m. Commissioner Vandaveer moved, Kozak seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3476. Motion carried 4-0. Commissioner Vandaveer moved, Pontious seconded, to approve Conditional Use Permit 96-018 and Design Review 96-030 by adopting Resolution No. 3477 revised as follows, "Page 2, Item D, No. 3 shall read, "As conditioned, the signs will be turned off within 30 minutes after closing to minimize the glow to the surrounding properties." Page 2, Item D, No. 4 shall read, "As conditioned, the hours of operation would be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, 7:30 a.m. to 8:30 p.m., on Saturday, and 8:30 a.m. to 5:00 p.m., on Sunday." Exhibit A, Page 2, Condition 3.2 shall read, "Service technicians shall not test drive repaired vehicles in the surrounding Tustin residential neighborhoods. They shall be instructed to test drive in adjacent commercial/industrial areas." Exhibit A, Page 2, Condition 3.1 shall read, "The hours of operation for the auto and tire service facility shall be limited to 7:00 a.m. to 9:00 p.m., Monday through Friday, 7:30 a.m. to 8:30 p.m., on Saturday, and 8:30 a.m. to 5:00 p.m., on Sunday." Motion carried 4-0. 4. Conditional Use Permit 96-019 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JAMES KINCANNON KINCANNON ARCHITECTS 13691 RED HILL AVENUE TUSTIN, CA 92680 ARTHUR AND ZENY REMIGIO 14752 HOLT AVENUE TUSTIN, CA 92780 14752 HOLT AVENUE MULTIPLE FAMILY RESIDENTIAL DISTRICT (R-3) 3000 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 CONVERT AN EXISTING THREE (3) UNIT APARTMENT COMPLEX AND AN EXISTING SIX (6) PERSON RESIDENTIAL CARE FACILITY TO A SIXTEEN (16) PERSON REST HOME FOR THE ELDERLY. Recommendation - That the Planning Commission approve Conditional Use Permit 96-019 by adopting Resolution No. 3465. Presentation: Sara Pashalides, Associate Planner Commissioner Kozak commented that the project would improve the property but he does not believe ten elderly people would be comfortable in 1900 square feet. Planning Commission Minutes September 23, 1996 Page 6 Commissioner Bone commented that there were only five parking spaces and three were for staff which leaves only two spots for visitors, he wanted to know if the street parking was adequate. He is concerned that several cypress trees obstruct the view from the circular driveway and asked if they would be removed. Sara Pashalides stated the project meets code and there is some on- street parking available. The Director stated that the trees are to be removed as noted on the plans. The Public Hearing opened at 8:16 p.m. Commissioner Bone asked how many visitors are received by the elderly already in residence. Zen Remiqio stated that the residents have visitors about once a week and they arrive at different hours. Commissioner Kozak asked what the applicant can contribute to convince him that ten elderly people with only two bathrooms would be comfortable in 1900 square feet. Zeny Remiqio stated that the elderly people this home accommodate are usually helped to the bathroom facilities a staggered basis. The sizes of the bedrooms meet requirements. would and on state The Public Hearing closed at 8:20 p.m. Co~issioner Pontious moved, Vandaveer seconded, to approve Conditional Use Permit 96-019 by adopting Resolution No. 3465 as submitted. Motion carried 3-1. Commissioner Kozak oDposed. 5. Conditional Use Permit 96-030 APPLICANT: OWNERS: LOCATIONS: ZONING: ENVIRONMENTAL STATUS: REQUEST: PAIRGAIN 14402 FRANKLIN AVENUE TUSTIN, CA 92780 ATTN: MR. GEORGE P. ASSMUS 14352 FRANKLIN AVENUE CATELLUS DEVELOPMENT CORPORATION 1065 N. PACIFICENTER DRIVE, SUITE 200 ANAHEIM, CA 92806 ATTN: MS. LISA IRVIN 14381 FRANKLIN AVENUE CHEEK FAMILY TRUST D 14341 FRANKLIN AVENUE TUSTIN, CA 92780 ATTN: MR. RICHARD D. CHEEK 14352 AND 14381 FRANKLIN AVENUE PLANNED COMMUNITY INDUSTRIAL - WALNUT (PC-IND) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11, CONSTRUCTION OF SMALL PARKING LOTS) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CONSTRUCT AN APPROXIMATE 151 SPACE PARKING LOT AT 14381 FRANKLIN AVENUE TO ACCOMMODATE REQUIRED PARKING FOR AN EXISTING BUILDING AT 14352 FRANKLIN AVENUE. Recommendation - That the Planning Commission approve Conditional Use Permit 96-030 by adopting Resolution No. 3472. Presentation: Sara Pashalides, Associate Planner Planning Commission Minutes September 23, 1996 Page 7 Commissioner Bone asked if there should be a fence around the parking site. The Director stated that the City Ordinance does not require a fence. Commissioner Vandaveer asked how the employees were to get to the building in a safe manner. Bob Stachelski, Traffic Engineer, stated there were no physical obstructions that would inhibit visibility at that location. Commissioner Bone asked if the property owner could erect a sign at the driveway advising employees to cross with care. The Public Hearing opened at 7:39 p.m. George Assmus, Pairgain's Director of Manufacturing Technology, stated that they moved into Tustin in January 1995 with 150 people and now have 400 employees with revenue growing from $57 million to $100 million through June of this year. They must expand if they want to stay in the Tustin area. They have a safety committee and will address all the issues, including lighting, that will keep their employees safe at the crossing area of the parking lot. Commissioner Kozak asked if the second story mezzanine was part of this project. The Director stated that it was part of this project. The Public Hearing closed at 8:45 p.m. Commissioner Pontious stated that she was pleased to see a business growing so dramatically and it is good to see needs created by growth. She is also happy to see a sidewalk installed. Commissioner Vandaveer stated that he was glad to see expansion so that they need more parking and felt the lighting was adequate. Commissioner Vandaveer moved, Pontious seconded, to approve Conditional Use Permit 96-030 by adopting Resolution No. 3472. Motion carried 4-0. REGULAR BUSINESS: 6. Status Reports Commissioner Vandaveer asked if something was going into the former Popeye's location since the parking lot is being torn up. The Director stated that improvements were being constructed but nothing has been submitted as yet for a new use. Co~,~,issioner Vandaveer moved Pontious seconded, to receive and file the status report. Motion carried 4-0. STAFF CONCERNS: 7. Report on Actions taken at the September 16, 1996 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director Staff reported on the subject agenda. Planning Commission Minutes September 23, 1996 Page 8 COMMISSION CONCERNS: Commissioner Kozak Thanked staff for providing reports on the Esplanade Linear Park and Bus Shelter items. Commissioner Pontious - None Commissioner Vandaveer Inquired about turret construction on the old John Roach Building. The Director stated that Jeff Thompson and 30th Street Architects will be working with staff on the design to complement the building. The Director will provide a report on this item when information is available. Commissioner Bone Reported that Home Depot is encroaching upon the red sidewalk lines with their outdoor sales items. Reported that on a recent visit to the Sports Park he found the two soccer fields littered with trash and inquired as to whom was responsible for cleanup. The Director will look at the lease agreement and report back to the Commission. Reported that the Drug Emporium "24 Hour" banner has been up for over a year and asked if they had approval for this. The Director stated that was too long and would refer this to Code Enforcement. Inquired if the City had started to cite any vehicles on the street having "for sale" signs. The Director will inquire if the Police Department had actually started to cite these vehicles. ADJOURNMENT: Co-~,issioner Pontious moved, Vandaveer seconded, to adjourn the meeting at 8:56 p.m. The next regularly scheduled meeting of the Planning Commission is on October 14, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Recording Secretary LOU BONE Chairman