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HomeMy WebLinkAboutPC Minutes 06-12-95MINUTES TUSTIN PLANNING COMMISSION REGUL/~R MEETING JUNE 12, 1995 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Lunn, Mitzman and Weil PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. Regina Amthauer, 15851 Pasadena Avenue, representing TEAM, voiced concern about the proliferation of "A" frame and staked signs that appear each weekend advertising apartment projects. Staff stated that they had communication with Commissioner Lunn earlier in the day on the same subject and that the Code Enforcement Officer will be working this Saturday in an attempt to alleviate the problem. By consensus the Commission agreed to agendize this item for the next regularly scheduled meeting on June 26, 1995 at which time staff will report back to the Commission on the outcome of this Saturday's enforcement. Dorine Fisher, 16282 Main St., member of TEAM, asked if a hot line could be created similar to that in operation in the City of Orange to help solve the problem of trash scavengers. Staff explained the current process of identifying scavengers and phoning in the information. By consensus the Commission agreed to agendize this item for the next regularly scheduled meeting on June 26, 1995 and requested that representatives from Great Western Reclamation and the Police Department be in attendance. T .... ...................... I Planning Commission Meeting June 12, 1995 Page 2 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.) Commissioner Lunn requested that the Final Tract Map be separated from the minutes for a separate vote, due to a conflict of interest that prevented her from voting on the Final Tract Map. 1. Minutes of the May 22, 1995 Planninq Commission Meetinq. Commissioner Well moved, Kasalek seconded, to approve the minutes of the May ZZ, 1995 Planning Commission Meeting. Motion carried 5- 0. Final Tract Map 14934 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SHEA HOMES P.O. BOX 487 WALNUT, CA. 91788 ATTN: RONALD C. METZLER 14882-14942 NEWPORT AVENUE PLANNED COMMUNITY - RESIDENTIAL (PCR) THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO SUBDIVIDE AN APPROXIMATE 11.85 ACRE SITE INTO 145 NUMBERED LOTS AND 35 LETTERED LOTS TO ACCOMMODATE 145 SINGLE-FAMILY DETACHED DWELLING UNITS. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3363 recommending to the City Council approval of Final Tract Map 14934. Commissioner Weil moved, Kasalek seconded, to recommend to the City Council approval of Final Tract Map 14934 by adopting Resolution 3363 as submitted. Motion carried 4-0. Commissioner Lunn abstained. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. Variance 95-002 (Continued from May 8, 1995) APPLICANT: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92680 AT THE REQUEST OF: BERKLEE MAUGHAN 14331 GREEN VALLEY AVENUE #A TUSTIN, CA 92680-5734 Planning Commission Meeting June 12, 1995 Page 3 PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SEVENTEEN GREEN VALLEY PROPERTY OWNERS 14241 THROUGH 14352 GREEN VALLEY AVENUE, TUSTIN DUPLEX RESIDENTIAL (R-2) A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). APPROVAL OF A VARIANCE TO REDUCE REQUIRED PARKING FROM ONE (1) GARAGE SPACE AND ONE (1) OPEN OR COVERED SPACE TO ONE (1) GARAGE SPACE PER DWELLING UNIT; AND REDUCE MINIMUM SIDE YARD SETBACKS, MINIMUM BUILDING SITE, MINIMUM LOT WIDTH, AND MINIMUM LOT AREA PER FAMILY UNIT TO ALLOW EACH EXISTING PROPERTY TO BE RESTORED AS PREVIOUSLY EXISTED IN THE EVENT OF ITS DESTRUCTION TO THE EXTENT OF MORE THAN FIFTY (50) PERCENT OF ITS REASONABLE VALUE AT THE TIME OF ITS DESTRUCTION BY FIRE, EXPLOSION OR OTHER CASUALTY OR ACT OF GOD WITHOUT COMPLIANCE WITH THE CURRENT REGULATIONS EXISTING IN THE DISTRICT WHEREIN IT IS LOCATED. Recommendation -It is recommended that the Planning Commission take the following actions: Adopt Resolution No. 3354, certifying the Final Negative Declaration as adequate for the project; and Approve Variance 95-002 by adopting Resolution No. 3355, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Mitzman Asked if the City had received a Power Of Attorney from each of the property owners represented by Mr. Maughan. Staff stated that each property owner had signed an application for the Variance and all agreed in writing. The Public Hearing opened at 7:20 p.m. Berklee Maughan, 14331 Green Valley Avenue, #A, stated that he is not representing anyone except himself and had requested the Variance when he saw the inequity. The City had contacted all of the property owners and obtained their approval. The Public Hearing closed at 7:21 p.m. Commissioner Weil commended Mr. Maughan for doing this. Commissioner Kasalek moved, Well seconded, to certify the Final Negative Declaration as adequate for the project by adopting Resolution 3354 as submitted. Motion carried 5-0. Commissioner Kasalek moved, Well seconded, to approve Variance 95- 00Z by adopting Resolution No. 3355 as submitted. Motion carried 5-0. ® Conditional Use Permit 95-012 Variance 95-006 APPLICANT/: OWNER LOCATION: ZONING: LEONARD AND KAY NETTLES 464 NO. JAMES ORANGE, CA 92669 180 EL CAMINO REAL CENTRAL COMMERCIAL DISTRICT (C2-P) WITH PARKING & CULTURAL RESOURCE DISTRICT OVERLAYS Planning Commission Meeting June 12, 1995 Page 4 ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: 1. APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING IN CONJUNCTION WITH A COFFEE HOUSE; AND 2. APPROVAL OF A VARIANCE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 16 SPACES TO 7 SPACES TO ACCOMMODATE 27 ADDITIONAL SEATS AT A RETAIL COFFEE HOUSE. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 95-012 and Variance 95-006 by adopting Resolution No. 3364, as submitted or revised. Presentation: Dan Fox, Senior Planner The Public Hearing opened at 7:27 p.m. Leonard Nettles, property owner, upon introducing himself just wanted to be available for questions of the Commission. The Public Hearing closed at 7:27 p.m. Commissioner Kasalek commented that this was a wonderful idea for this location. Commissioner Lunn thinks it a great enhancement to Old Town. Commissioner Well moved, Mitzman seconded, to approve Conditional Use Permit 95-012 and Variance 95-006 by adopting Resolution No. 3364 as submitted. Motion carried. 5-0. Conditional Use Permit 95-007 and Sign Code Exception 95-004 (Continued from May 22, 1995) APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FANCHER DEVELOPMENT SERVICES, INC. 1342 BELL AVENUE TUSTIN, CA 92680 THADDEUS J. MORIARTY, JR. 1447 GALAXY DRIVE NEWPORT BEACH, CA 92660 14042 RED HILL AVENUE RETAIL COMMERCIAL (C-i) AND JAMES G. WHITE THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 1. APPROVAL OF A CONDITIONAL USE PERMIT FOR A FREESTANDING FREEWAY SIGN; AND 2. APPROVAL OF A SIGN CODE EXCEPTION TO EXCEED THE MAXIMUM ALLOWABLE HEIGHT. Recommendation -Pleasure of the Planning Commission. Presentation: Greg Gubman, Assistant Planner Commissioner Weil asked who came up with the Exhibit 2 graphic, and how was the conclusion reached that a second site line demonstrated that the sign could be viewed if placed in the planter area. Planning Commission Meeting June 12, 1995 Page 5 ~ , ~.,~ Staff stated that the applicant provided the graphic which also had been modified by staff. The conclusion was drawn by reference to clearance of the sound wall, providing that the sign if placed in the planter area would be visible. Commissioner Weil asked if staff had taken into consideration that the sign would then be hidden behind the Al's Woodcraft sign. Staff stated that would not appear to be the case, the only area compromised would be visibility to southbound traffic. Commissioner Lunn commented that a 40 foot sign would seems to give a cluttered look and she would prefer a 50 foot sign. Commissioner Kasalek noticed within the last two weeks that what used to be the Cafe Auto Spa sign now has new copy for Shea Homes and is about 4 feet higher than it used to be. Staff stated that inspection of the sign by the Building Official could not conclude when the sign had been altered but that it had definitely been altered. Commissioner Mitzman commented that this was probably the reason that the representative of Cafe Auto Spa was not cooperative at the last meeting. The Public Hearing opened at 7:45 p.m. Scott Duffner, Fancher Development, representing Taco Bell, stated that his firm had prepared Exhibit 2 in response to the Commissions request to address the potential for impact of the Taco Bell sign on the Cafe Auto Spa billboard. He stated he was equally surprised to see the new Cafe Auto Spa sign which appeared following the last Planning Commission meeting. The location they proposed for the sign would be as far north on the Taco Bell site as possible and would not block the Cafe Auto Spa sign and would provide a reasonable separation from the back of the billboard, particularly for northbound traffic, in this way they differ from staff's opinion. The Public Hearing closed at 7:46 p.m. Commissioner Kasalek agrees with staff and believes that the Taco Bell sign has a very distinctive look and would readily be recognized without reaching a height of 50 feet. She is not in favor of 50 feet because of the precedent it would create. She believes that the pole needs to be compatible with the building. Commissioner Mitzman believes that there are too many signs already, that 40 foot is not adequate for the site and 50 feet is more than he would be willing to approve. He is not in favor of a pole sign at the location at all. Commissioner Lunn believes that the 40 foot sign would create sign clutter, and that to be effective she is in favor of a 50 foot sign. Commissioner Weil is disturbed that the City is beginning to micro manage business in the City. This is a freeway oriented business and she believes that sign location decisions should be made by the applicant. She is in favor of a 50 foot sign in the original location proposed by the applicant. She also opposed the idea of making an architectural statement out of the pole itself. Commissioner Baker does not think a 50 foot sign would be any more effective than the proposed 40 feet. He stated that when he travels the freeway he relies more on the (food, gas, lodging) generic signs rather than a particular vendor. Planning Commission Meeting June 12, 1995 Page 6 Commissioner Kasalek asked what the architectural embellishments would consist of. She also believes that the sign location should be the decision of the applicant as long as it is within City Codes. Staff stated any type of column or decorative support in scale with the height and dimension of the sign and compatible with the building would be acceptable. The Public Hearing opened at 8:00 p.m. Commissioner Mitzman asked the height of the Carl's Jr. sign and the approximate height of the Shea sign. He also asked if there were any signs in the City that were over 40 feet. He asked the height of the sound wall along Red Hill. Staff stated the Carl's Jr. sign was 35 feet in height but there was no sound wall issue and it was located before the off ramp with a different line of site which makes that size work in that location. The approximate height of the Shea sign appears to be 40 feet. The existing non-conforming service station freeway signs were 60-65 feet in height. The sound wall would be approximately 40 feet in height. Commissioner Weil commented that the Sign Code was written before the sound walls were constructed and that has changed things. She stated that this location had a limited number of sites for display of freeway signs which did not make for sign proliferation. She advised the Commission not to stick their heads in the sand, but to evaluate each situation separately. The Public Hearing closed at 8:15 p.m. Commissioner Well moved, Lunn seconded, to approve Conditional Use Permit 95-007 and Sign Code Exception 95-004 to allow construction of a freeway pole sign 50 feet in height by adopting Resolution No. 3361 revised as follows: Removal of Condition 2.2 and 2.3, removal of Item 4, Section E and revise findings to eliminate the wording "40 feet in height" from the findings wherever it appears and replace with the words, "50 feet in height". Motion denied 3-2. Commissioner Kasalek moved, Baker seconded, to approve Conditional Use Permit 95-007 and Sign Code Exception 95-004 to allow construction of a freeway pole sign 40 feet in height by adopting Resolution No. 3361 revised as follows: Removal of Condition 2.2 and 2.3 and elimination of Item 4, Section E. Motion denied 3-2. Commissioner Well moved, Lunn seconded, to approve Conditional Use Permit 95-007 and Sign Code Exception 95-004 to allow construction of a freeway pole sign 45 feet in height by adopting Resolution No. 3361 revised as follows: Removal of Condition 2.2 and 2.3, removal of Item 4, Section E and revise the findings to replace the wording "40 feet in height" to "45 feet in height" wherever it appears. Motion carried 3-2. REGULAR BUSINESS: None STAFF CONCERNS: 6. Report on Actions taken at the June 5, Meeting Staff reported on the subject agenda. 1995 City Council Planning Commission Meeting June 12, 1995 Page 7 Staff reported attending the Orange County American Planning Association Awards with Commissioners Baker and Weil and that three of the submitted applications had won awards. First place was received for the Old Town Residential Design Guidelines which will go on for consideration at the State Competition in October. Honorable Mention was received for the Old Town Video and the General Plan. COI~ISSZON CONCERNS: Commissioner Kasalek - None Commissioner Mitzman Reported that the landscaping all along Tustin Ranch Road is in need of maintenance. Staff stated that Public Works is aware of the problem and is currently working with the contractor to solve it. Reported that the covering on the Pioneer Chicken sign on Newport Avenue is coming loose and looks bad. Staff is waiting for Popeye's to re-submit plans to replace the sign but will follow up. Reported that west on Bryan Avenue from Red Hill to Newport Avenue was not properly striped to show two lanes which caused confusion as to where the two lanes were to be followed and was a problem if someone parked on the street. Staff stated that Public Works Department was currently making plans to stripe the area but were awaiting physical improvements along the park frontage per Council direction. Suggested that staff draft a policy concerning sidewalk sale guidelines and include sidewalk sales under Zoning Administrator authority. Staff stated that discussion of Zoning Administrator authority will be agendized for the next regularly scheduled meeting on June 26, 1995 and this item would be included for discussion at that time. Commissioner Weil Concerned about the weeds at the 14042 Red Hill Avenue Taco Bell location. Staff stated that the property owner was currently out of town and that Fancher Development reports they cannot go on the property until the property has officially changed ownership. Code Enforcement is aware of the problem and is following up. Reported that the house at Westfall and Sycamore in Tustin Meadows is double in size and inquired if proper permits had been obtained. Staff stated that indeed setbacks have been met and permits have been obtained. Planning Commission Meeting June 12, 1995 Page 8 Commissioner Lunn Was pleased to read that Redevelopment Funds would be paving the alley behind the buildings on Kenyon Place and inquired as to what kind of fence would be put up. Staff was not sure if a decision on the fence had been made as yet but would follow up and report this information to Commissioner Lunn. Commissioner Baker Asked if some of the sign proliferation could be eliminated by restricting garage sales as does the City of Santa Ana. Staff stated that this was one of the items that Tustin Pride had looked into but they did not wish to make a recommendation to the City Council or Planning Commission on a Code Amendment since Santa Ana's Ordinance was too restrictive. Instead their approach was to get the word out to those holding garage sales and that a flyer had been created with signage information and is available through Tustin Pride, Community Development Department and the Police Department. Asked if there were any other locations in the City of Tustin with similar situations to the Green Valley item of this evenings agenda and did they need review or would it be better to wait until they came in to apply. Staff stated that there were a great many properties particularly in the southwest area. However, there is new language in State Law to allow rebuilding in case of disaster and many of the properties are protected by this new provision. They would be required to comply with other zoning and building code provisions, however. Stated that he would be out of town and not in attendance at the meeting of June 26, 1995. ADJOURNMENT: Commissioner Lunn moved, Weil seconded, to adjourn the meeting at 8:40 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on June 26, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. C~airperson t Secretary