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HomeMy WebLinkAboutPC Minutes 03-11-96 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 11, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Commissioners Present: Marjorie Kasalek, Chairwoman Lou Bone, Vice Chairman Nanette Lunn Howard Mitzman David Vandaveer Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Sara Pashalides, Associate Planner Doug Anderson, Traffic Engineer Barbara Reyes, Recording Secretary PUBLIC CONCERNS: No one from the audience addressed the Commission. CONSENT CALENDAR: 1. Minutes of the February 26, 1996 Planninq Commission Meetinq. Commissioner Vandaveer moved, Lunn seconded, to approve the February 26, 1996 Planning Commission minutes. Motion carried 4-0. Commissioner Kasalek abstained due to her absence at last meetinq. PUBLIC HEARINGS 2. Conditional Use Permit 95-008 and Desiqn Review 95-023 (Continued from the meeting of February 26, 1996) APPLICANT: OWNER: LOCATION: ZONING: REQUEST: WALGREENS RXPRESS c/o THOMAS COX ARCHITECTS NEWPORT & FIRST PARTNERS 13342 NEWPORT AVENUE RETAIL COMMERCIAL (C-l) TOWN CENTER REDEVELOPMENT PROJECT AREA AUTHORIZATION TO CONSTRUCT A 1,976 SQUARE FOOT PHARMACY WITH DRIVE-THRU SERVICE AND A CHANGEABLE COPY MONUMENT SIGN. Planning Commission Minutes March 11, 1996 Page 2 RECOM~4ENDATION - That the Planning Commission: Approve the Environmental Determination for the project by adopting Resolution No. 3418; and Approve Conditional Use Permit 95-008 and Design Review 95-023 by adopting Resolution No. 3419, as submitted or revised. Presentation: Sara Pashalides, Associate Planner Commissioner Bone complimented staff on the thorough traffic study. He asked if there was any problem with the left turn onto the site going west; if there was a concern about crime as people would exit the pharmacy; and, if the soil studies were public record. Staff stated that there was adequate room for a left turn and that Police Department comments did not indicate any concern with crime related to the proposed use. Staff stated that soil remediation was already taking place and that the County would not release the site until the tests were completed. Commissioner Kasalek asked staff to compare this use versus potential uses that could be developed at this location. Douq Anderson, Traffic Engineer, stated he had done a comparison based on a six pump gas station. The average daily trips would be approximately 780 vehicles per day; the peak hour impact at 12% would be approximately 94 vehicles in the p.m. peak hour versus 45 vehicles for the proposed use. A fast food use with a drive-thru would produce approximately 1400 vehicles per day. The Public Hearing opened at 7:17 p.m. Barry Burnell, T & B Planning Consultants, representing the Walgreens Company, addressed concerns including, traffic, stating there was an adequate bypass and traffic will not back up onto Newport Avenue. He also stated that there will be sufficient parking. The Walgreens representative concurred with the traffic mitigation proposed by staff. The Company would like to have a changeable copy sign, and does not believe there is an issue of crime and drugs. The soil remediation is interim and expected to be completed by mid-summer. Commissioner Bone asked if all the Walgreens stores had changeable copy signs. He also asked if two employees would be sufficient to man the store efficiently and if this store was to contain a "One- Hour Photo" service. Barry Burnell stated that the signs were considered a merchandising feature and most of their Rxpress stores did have them. Their experience shows two people could run the store efficiently and this store will not have a "One-Hour Photo" service. Commissioner Vandaveer asked for an example of what might appear on the changeable copy sign. Edward Achuck, RXpress Area Manager, stated the sign is used for advertising specials and displaying notes on health care issues such as flu vaccinations and cholesterol screenings. Planning Commission Minutes March 11, 1996 Page 3 Christopher Kernan, attorney, representing the owners of the Medical Building at 13362 Newport Avenue. Requested an adequate amount of time to review the soil and water remediation and corrective actions plans. He asked if any provision was being made for a barrier to prevent vehicles from crashing into their building. Commissioner Kasalek asked why the soil issue has not been a concern until this time. Christopher Kernan, stated is has been a concern but they have not had the money to get the testing done. He stated that the Orange County Health Care Agency (OCHCA) indicated that they do not release the site but that the City of Tustin will. Staff stated that the OCHCA is the lead agency and they outline the details and standards for cleanup. Since the site is vacant, the City will not issue a building permit until the applicant submits a revised corrective action plan which reflects the proposed development of the site. The applicant would deal directly with the OCHCA. The City of Tustin does not have any jurisdiction as to how the soil is cleaned up but will not issue a permit to develop the property until the OCHCA indicates that development could proceed without impeding continued progress of remediation. Dr. Roberta Dornan, Dentist, 13372 Newport Avenue, feels her practice will be negatively affected by the potential traffic problems. Robert Isackson, Village Properties, stated he has all the soil information concerning the former Unocal site contamination and that the full remediation will be complete by mid-summer. Dr. Zahrowski, Orthodontist, 13372 Newport Avenue, feels it is important for his patients to get to his office on time since he sees a number of them within a short period of time. He stated he was also a pharmacist and does not feel that the drive-thru operation will be efficient enough to keep the traffic from backing up. Dr. Richard Sandam, 13372 Newport Avenue, stated that ingress and egress to this site is a problem already and has witnessed many vehicle accidents at this location. Dr. Joseph A. Cruz, 13372 Newport Avenue, is new to the area and is trying to build his practice. Dr. Cruz stated that this development may keep patients away that otherwise might use his services. Michael Rudolph, Rudolph-Oswald Partners, owner of the property adjacent to the subject site made a one hour long presentation to the Commission. Mr. Rudolph stated that his partnership has been a community pharmacy for approximately 15 years and the partnership has invested over a million dollars into this location. He stated that the partnership owns seven other locations so the issue is not that of competition but of public safety, parking and ingress/egress. Their site is only 100 feet from the proposed drive-thru. He stated that he only had 48 hours to respond and presented charts with photos and information which he feels shows that traffic will back up because it is impossible to fill a prescription in 2-3 minutes as Walgreens states. He objected to the proposed changeable copy sign; the fact that most patients will not leave the site but will park and wait; and, that the location Planning Commission Minutes March 11, 1996 Page 4 will require at least five employees who would also take up parking spaces. He feels that the mitigation proposed by staff will not correct potential problems. Commissioner Bone stated that about six months ago the Rudolph Oswald Partnership asked for and received a Conditional Use Permit for a drive-thru window. At that time representatives of the partnership stated it would take 2-3 minutes for a prescription to be filled and that there was plenty of space for parking and that there would never be more than three cars waiting. Michael Rudolph stated that he did not recall that point and they do not have a queuing problem. The Public Hearing closed at 8:35 p.m. Douq Anderson, stated that the intersection of First and Newport is not the busiest intersection in the City as Mr. Rudolph stated. As identified in the traffic study, the roadway and intersection is operating at more than an acceptable level of service. He concurs with the findings and recommendations of the traffic study as prepared by a competent California Certified Traffic Engineer. Commissioner Mitzman asked how this traffic generation compared to other permitted uses which could occupy the site. Douq Anderson stated that this use would generate less traffic than other permitted uses such as a gas station or fast food. Commissioner Kasalek asked if this conclusion could also apply to the parking issue. Doug Anderson affirmed that the use would generate less traffic and parking than other permitted uses. Dan Fox, Senior Planner, stated that the initial study was presented to the adjacent property owner 21 days prior to the public hearing in response to comments received at the last public hearing. The Traffic Engineer reviewed the rebuttal and the information included in the Commission packet. In accordance with appropriate procedures the staff report was available to the public at the same time as for the Planning Commission. Conditions of the Conditional Use Permit allow the Planning Commission to further monitor if problems do exist and also allow revocation if satisfaction is not achieved. Staff is comfortable with the mitigation measures proposed. Commissioner Lunn stated that she does not like the idea of the changeable copy sign. Commissioner Mitzman stated that the site will not remain vacant but will be developed. He believes this proposed use is better for the surrounding area than another use permitted for the site. He agrees with the traffic study and thinks the changeable sign is a bad idea. He does not have a problem with the blue accent trim. He does not like the idea of a chain link fence which is proposed to be installed around the remediation equipment and would prefer a more aesthetically pleasing screening. Commissioner Vandaveer is against the changeable sign, has no problem with the blue strip and also does not like the idea of a chain link fence. Planning Commission Minutes March 11, 1996 Page 5 Commissioner Bone supports the changeable sign, believes the design of the proposed use is good and does not think there will be a traffic problem. He approves of the blue accent stripe. Commissioner Kasalek agrees with the consensus of the use and traffic issues. She does not think that the soil remediation is an issue, does not like the changeable copy sign, and, is not in favor of the blue accent stripe. Commissioner Mitzman moved, Vandaveer seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3418 as submitted. Motion carried 5-0. Commissioner Mitzman moved, Vandaveer seconded, to approve Conditional Use Permit 95-008 and Design Review 95-023 by adopting Resolution No. 3419 revised as follows: Condition No. 2.8 shall have the following sentence added, "Any relocated equipment shall be approved by the Zoning Administrator and shall not be located within a required parking stall or drive aisle and shall be screened from view." Condition 4.3 shall eliminate the sentence, "The royal blue building accent color shall be eliminated and replaced with an earth tone color." Condition 8.4 shall be added to read, "The subject project shall be limited to a pharmacy. Any other accessory uses or services (i.e., photo finishing) shall be prohibited unless an -mendment to this Conditional Use Permit specifically authorizing the desired service is approved by the Zoning Administrator." Motion carried 5-0. Elizabeth Binsack, Community Development Director, advised the opponents of the project of the seven day appeal period. Amendment To Desiqn Review 94-033 & Variance 96-002 (Standard Pacific) APPLICANT/ OWNER: STANDARD PACIFIC ATT: PEGGY ROBERTS LOCATION: TRACT 14188, WEST SIDE OF TOWNSHIP DRIVE AT RAWLINGS WAY ZONING: PLANNED COMMUNITY RESIDENTIAL; EAST TUSTIN SPECIFIC PLAN (LOW DENSITY RESIDENTIAL) REQUEST: TO MODIFY THE PREVIOUSLY APPROVED MODEL COMPLEX FOR THE PROJECT; AND TO REDUCE THE ON-SITE MODEL COMPLEX PARKING REQUIREMENTS FROM 19 SPACES TO ZERO SPACES AND PROVIDE PARKING OFF-SITE ON TOWNSHIP DRIVE Recommendation - That the Planning Commission approve Amendment to Design Review 94-033 and Variance 96-002 by adopting Resolution No. 3421, as submitted or revised. Presentation: Dan Fox, Senior Planner Commissioner Mitzman asked if the City has ever approved a model complex without a dedicated parking lot and if the Homeowners Association were notified of this project. Staff stated that the Homeowners Association, all of the current residents and the Master Association had been notified. The Public Hearing opened at 9:00 p.m. Planning Commission Minutes March 11, 1996 Page 6 Mike Nermon, resident of San Rafael, spoke in support of this amendment and commended Standard Pacific for their efforts in involving the residents of San Rafael. Standard Pacific has restricted visitor parking to Township Drive and channeled construction traffic to another area. David Fell, Project Manager for Standard Pacific, stated they had made an effort to build consensus for the project. Mr. Fell stated that he has reviewed and concurs with the report and accompanying conditions. Elaine Nermon, serves on both the Master Association Board and San Rafael Board and neither have opposition to the request. The Public Hearing closed at 9:05 P.M. Coa-~issioner Vandaveer moved, Lunn seconded, to approve Amendment to Deslgn Review 94-003 and Variance 96-002 by adopting Resolution No. 3421 as submitted. Motion carried 5-0. 0 APPLICANT: OWNER: LOCATION: ZONING: REQUEST: Recommendation Conditional Use Permit 95-026 KING'S WAY CHURCH LARRY JOHNSON 600 WEST SIXTH STREET PUBLIC AND INSTITUTIONAL (P AND I) AUTHORIZATION TO ESTABLISH A CHURCH That the Planning Commission approve Conditional Use Permit 95-026 by adopting Resolution No. 3420, as submitted or revised. Presentation: Sara Pashalides, Associate Planner Commissioner Bone asked if the trees on the site would be removed. The Public Hearing opened at 9:13 p.m. Pastor Dane Counts, Kings Way Church, stated no trees will be removed. He does not believe that growth will be so rapid as to cause problems with parking. The Public Hearing closed at 9:14 p.m. Commissioner Bone moved, Vandaveer seconded, to approve Conditional Use Permit 95-026 by adopting Resolution No. 3420 as submitted. Motion carried 5-0. REGULAR BUSINESS: 5. No Regular Business STAFF CONCERNS: 6. Report on Actions taken at the March 4, Meetinq. Staff reported on the subject agenda. COMMISSION CONCERNS: 1996 City Council Commissioner Vandaveer None Planning Commission Minutes March 11, 1996 Page 7 Commissioner Bone Inquired as to what was happening with the 55 acres at the base which the Coast Guard requested. The Director stated that the Redevelopment Agency was meeting with the Coast Guard and trying to locate alternate sites for residential use. As soon as there is a final disposition to this inquiry, it will be conveyed to the Commission. - Asked how work on the bus benches was progressing. Staff stated that an application had been received a few weeks ago and there was a meeting scheduled for tomorrow with the franchisee concerning alternate designs. As soon as all the details are worked out, a complete package will be presented to the Planning Commission for consideration. Commissioner Lunn - None Commissioner Mitzman Reported graffiti at the northeast corner of Bryan and Browning. Asked the City Attorney if his requested conflict of interest legal opinion was forthcoming. Deputy City Attorney, Lois Bobak, stated she thought a letter had been drafted but would check on this for the Commissioner. Commissioner Kasalek Reported that the asphalt at the Magnolia Tree Park basketball court was in very poor shape and asked that the Public Works Department be requested to repair the court. ADJOURNMENT: Commissioner Vandaveer moved, Lunnseconded, to adjourn the meeting at 9:24 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on March 25, 1996 beginning at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Recording Secretary Cha i rwo~an