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Home My WebLink AboutPC Minutes 05-08-95MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MAY 8, 1995 CALL TO ORDER: 7:03 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 withmn 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. 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 April 24, 1995 Planninq Commission Meetinq. Co---{ssioner Well moved, Kasalek seconded to approve the Consent Calendar. Motion carried 5-0. 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. Planning Commission Minutes May 8, 1995 Page 2 2. Variance 95-002 APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92680 AT THE REQUEST OF: BERKLEE MAUGHAN 14331 GREEN VALLEY AVENUE #A TUSTIN, CA 92680-5734 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 o Approve Variance 95-002 by adopting Resolution No. 3355, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Mitzman asked why one property owner was trying to get the City to initiate a change and asked if the other property owners also wanted this. Staff stated that the item came about because of another variance which had been approved on that block where the sensitivity of the other property owners was raised. The application has been supported by signatures from all property owners who want to get the same privilege as was provided by the previously approved variance. Commissioner Kasalek asked if they were also asking to change the garages or to be able to replace what was there now. Staff stated, it was lust to replace what was there now. The Public Hearing opened at 7:08 p.m. and continued. On the recommendation of staff this item was continued to the Planning Commission meeting of June 12, 1995. Planning Commission Minutes May 8, 1995 Page 3 3. Variance 95-004 APPLICANT/ OWNER: LOCATION: ZONING: WILLIAM MOUGHAN 2464 AQUASANTA TUSTIN, CA. 92680 2464 AQUASANTA PCR (PLANNED COMMUNITY RESIDENTIAL) MEDIUM DENSITY LAND USE DESIGNATION, EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO THE PROVISIONS OF SECTION 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPROVAL OF A VARIANCE TO REDUCE THE MINIMUM REAR YARD SETBACK FROM FIVE (5) FEET TO THREE (3) FEET FOR AN OUTDOOR SPA. Recommendation - It is recommended that the Planning Commission approve Variance 95-004 by adopting Resolution No. 3353, as submitted or revised. Presentation: Robert Delgadillo, Assistant Planner Staff read a letter of protest from an adjoining neighbor, Miss Maureen Sloan, 2488 Aquasanta, received this date which objected to the project because of boundary fence changes and community property tax increase. Commissioner Weil asked if the homeowner actually owned this land. Staff deferred this questions to the applicant. The Public Hearing opened at 7:11 p.m. William Mouqhan, applicant, was not sure if he owned the land. The Director stated that the only true planned development for which there is a town house configuration with land ownership is the Sevilla single family units. William Mouqhan, stated he knew that he could not apply for permits until he receives permission from the Homeowner Association. Commissioner Weil asked if the wall was to be moved. William Mouqhan, stated "no". The Public Hearing closed at 7:20 p.m. Commissioner Weil is in favor, and believes the person who wrote the protest letter has misunderstood the request but suggested that a finding which was in the report on page 3 be added to the Resolution. Planning Commission Minutes May 8, 1995 Page 4 Commissioner Weil moved, Lunn seconded, to approve Variance 95-004 by adopting Resolution No. 3353 revised as follows: Condition 2.4 added to read, "Prior to the issuance of building permits the applicant shall submit written proof of Homeowner Association approval to the Director of Community Development, that the Association approves of the construction of the outdoor spa as proposed." Item C3 added to the body of the Resolution to read, "The requested setback variance will not result in any adverse impacts to the adjacent rear property. The subject rear yard is adjacent to the Tustin Ranch Golf Course and slightly above the grade of the golf course offering a beneficial line of sight." Motion carried 5-0. Conditional Use Permit 94-031 and Desiqn Review 94-037 APPLICANT: GAP, INC. ATTN: TED GUILLERMO 900 CHERRY AVENUE SAN BRUNO, CA 94066 OWNER: THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 OWNER'S AGENT: DONAHUE SCHRIBER ATTENTION: DEBBIE FROST 2777 EL CAMINO REAL TUSTIN, CA 92680 2777 EL CAMINO REAL (CUP 94-031) 2899 EL CAMINO REAL (DR 94-037) MIXED USE (NEIGHBORHOOD COMMERCIAL) EAST TUSTIN SPECIFIC PLAN LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 OF THE ENVIRONMENTAL QUALITY ACT. 1. o ( CLASS 1 ) CALIFORNIA APPROVAL OF A CONDITIONAL USE PERMIT TO AMEND THE MASTER SIGN PLAN FOR THE TUSTIN MARKET PLACE TO INCREASE THE AMOUNT OF SIGNAGE PERMITTED FOR CERTAIN TENANTS IN PHASES I AND II. APPROVAL OF A DESIGN REVIEW FOR THE FACADE REMODEL OF THE EXISTING TENANT SPACE LOCATED AT 2899 EL CAMINO REAL. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve Conditional Use Permit 94-031 by adopting Resolution 3356, as submitted or revised; and 2. Approve Design Review 94-037 by adopting Resolution No. 3357, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil asked if the sign would be larger than it is now. Staff stated it would increase from 42" to 60", increasing approximately 18" The Public Hearing opened at 7:25 p.m. Planning Commission Minutes May 8, 1995 Page 5 Tom Pantazis, 900 Cherry Avenue, San Bruno, Ca., representing the Gap, Inc., stated that the crest was part of the square footage for the sign and the letters would be slightly increased from what they are at present. He feels the new sign is more in keeping with their image. Mark Whitfield, Vice President of Construction representing Donahue Schriber, supports the application. The Public Hearing closed at 7:31 p.m. Commissioner Kasalek moved, Weil seconded, to approve Conditional Use Permit 94-031 by adopting Resolution No. 3356 as submitted. Motion carried 5-0. Co ...... issioner Kasalek moved, Well seconded, to approve Design Review 94-037 by adopting Resolution No. 3357 as submitted. Motion carried 5-0. REGULAR BUSINESS: 5. Desiqn Review 95-006 (The Home Depot) Recommendation - Pleasure of the Commission. Presentation: Sara J. Pashalides, Associate Planner The Director stated that a letter was received from Home Depot asking that the matter be continued for two weeks. Coam%issioner Well moved, Kasalek seconded to continue this item to the Planning Co~ission meeting of May 22, 1995. Motion carried 5- e STAFF CONCERNS: 6. Report on Actions taken at the May 1, 1995 City Council Meeting Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Lunn None Commissioner Weil Requested revisiting the commercial signage issue since she feels the "in town" merchants are held to a more restrictive set of rules than those of the Tustin Market Place. Staff requested that the Commissioners review their copies of the Municipal Code and spot check those items of importance to each of them and the matter will be agendized for discussion at the meeting of May 22, 1995. Planning Commission Minutes May 8, 1995 Page 6 Commissioner Kasalek Stated that nothing has been done at the Taco Bell site of Red Hill and Nisson since she reported the broken windows and fence. The Director stated that the Building Official will proceed with an immediate follow up. Asked when the East Tustin Specific Plan Amendment item would come before the City Council. Staff stated it was scheduled for the June 5th City Council meeting and a workshop would be held prior to the meeting at 6:00 p.m. Commissioner Mitzman Asked if items such as the "spa" issue which was on the agenda this evening could not have gone to the Zoning Administrator instead of the Planning Commission and requested that discussion to look into more aushorlty for the Zoning Administrator be agendized. The Director stated that Zoning Administrator authority had a constraint because this item concerned more than 10% of the setback. Staff will agendize discusszon of this issue for the next regular meeting of May 22, 1995, ADJOURNMENT: Commissioner Lunn moved, Weil seconded, to adjourn the meeting at 7:55 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on May 22, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ' · ' ~ ! / "Chairp~rs.~ Secretary