Loading...
HomeMy WebLinkAboutPC Minutes 02-13-95 H I NUT E S TUSTIN PLANNING COMMISSION REGULAR HEETING FEBRUARY 13, 1995 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Mitzman and Weil Absent: Lunn 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. 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 January 23, 1995 Planninq Commission Meetinq. Commissioner Kasalek moved, Mitzman seconded to approve the consent calendar with the following correction: Page 7, Paragraph 6, should read, "Commissioner Well asked Mr. Burns if the illuminated sign could be turned off at closing time instead of one half hour after closing time." Motion carried 4-0. 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 February 13, 1995 Page 2 Continued Hearinq - Amendment to Vesting Tentative Tract Map 14188 and Design Review 94-033 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STANDARD PACIFIC 1565 W. MacARTHUR BLVD. COSTA MESA~ CA 92626 ATTN: PEGGY ROBERTS TRACT 14188, WEST SIDE RAWLINGS WAY PLANNED COMMUNITY RESIDENTIAL - (LOW RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN OF TOWNSHIP DRIVE AT DENSITY THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO ADD THREE ADDITIONAL PRODUCTION UNITS TO THE BUILDOUT OF THE EXISTING RESIDENTIAL DEVELOPMENT Recommendation- Pleasure of the Commission. Presentation: Daniel Fox, Senior Planner The Public Hearing opened at 7:07 p.m. Michael Nermon, 2460 Kiser, stated he was a resident of the San Rafael tract and agrees to the solution of the monumentation issue as proposed. He requested that the majority of the residents be allowed to approve the design criteria rather than the Homeowners Association. John Cochran, 2415 Kiser, stated that based on discussions with Standard Pacific representatives the proposal on the table was acceptable to him and the other residents in attendance. Jack Jung, 11995 Lambert, stated he resided on Lot 9 of the existing San Rafael neighborhood and he was pleased with the discussions he has had with Standard Pacific and the progress made. The Public Hearing closed at 7:11 p.m. Commissioner Weil commended everyone involved in this project and appreciated the effort made to resolve the issue. The Public Hearing opened at 7:11 p.m. David Foell, representing Standard Pacific, stated that they had come to a collective agreement acceptable to both the neighborhood and Standard Pacific and asked for Commission approval. The Public Hearing closed at 7:12 p.m. Commissioner Well moved, Kasalek seconded, to approve Design Review 94-033 by adopting Resolution No. 3324 as revised. Exhibit A, page 3, condition 3.8 shall read, "The construction of Lots 1, 5 and 6 shall occur prior to or concurrently with the construction of Phase I of the buildout of the subject project. No certificate of occupancy shall be issued for any dwelling within the next phase of new development unless certificates of occupancy have been issued for Lots 1, 5 and 6." Page 4, Condition 4.3, third sentence, shall read, "A representative group of four existing homeowners selected by ballot of a majority of existing residents (51%), with one vote per property shall review and comment to the City on the final design details prior to issuance of permits for said improvements." Motion carried 4-0. Planning Commission Minutes February 13, 1995 Page 3 Commissioner Well moved, Kasalek seconded, to recommend to the City Council approval of amendment to Vesting Tentative Tract Map 14188 by adopting Resolution No. 3325 as submitted. Motion carried 4-0. 3. Conditional Use Permit 94-016 and Design Review 94-025 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 A NEGATIVE DECLARATION HAS BEEN PREVIOUSLY PREPARED FOR THIS PROJECT IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1. APPROVAL OF A CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH LANE; 2. APPROVAL OF A CONDITIONAL USE PERMIT FOR A FREESTANDING FREEWAY SIGN; AND 3. APPROVAL OF THE PROPOSED ARCHITECTURAL DESIGN AND SITE MODIFICATIONS FOR A 1,989 SQUARE FOOT FAST FOOD RESTAURANT. Recommendation -It is recommended that the Planning Commission take the following actions: me Recertify the Negative Declaration as adequate for the project by adopting Resolution No. 3332; Adopt Resolution No. 3333 approving Conditional Use Permit 94- 016 and Design Review 94-030 for a drive-thru restaurant and denying a freeway pole sign, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Baker asked if the driveway at Red Hill was for ingress. He also asked if trucks unloading in the loading zone during non peak hours was of significant impact and if there was a possibility of 17 cars stacking. Staff stated that the driveway on Red Hill was for both ingress and egress and that the language concerning the truck unloading was a standard condition with no impact. Staff stated that the City traffic engineer had reviewed the queuing analysis provided by the applicant and concurs with the findings of the report. Commissioner Kasalek asked if the physical median was a part of the present action before a certificate of occupancy would be granted. Staff stated the applicant would only be responsible for the improvements in front of his property. Commissioner Baker asked how this pole sign compares with the pole sign at Carl's Jr. Staff stated that the Carls Jr. sign was 35 feet in height and 50 square feet in area and there was a condition imposed as part of that project that the City would review the height of that sign once the freeway was completed and it could be reduced to not more than 24 feet. Planning Commission Minutes February 13, 1995 Page 4 Commissioner Kasalek asked if in lieu of the pole sign something could be changed architecturally so that identification could be placed on the building. She asked the height of this building. Staff is not aware if the applicant had looked at any other possibility than what they have proposed. Staff stated the building was about 20 feet in height. Taco Bell representatives have had an extreme position in keeping to their architectural prototype. An alternative would be for Taco Bell to share with Cafe Auto Spa the existing nonconforming billboard sign which is located at the north easterly property line. Commissioner Kasalek asked that if the pole sign was not approved would the applicant have an option to alter the building height. Staff stated that substantial alterations in regard to design would be handled at staff level; language could be included in the resolution to provide for additional orientation. The Public Hearing opened at 7:30 p.m. Scott Duffner, _Vice President of Fancher Development and representing Taco Bell, stated that he had only two concerns, the recommendation to deny the pole sign and, the site lighting issue. He feels that Cafe Auto Spa has decorative lights which would not provide the ten foot-candles required by Taco Bell. In regard to the pole sign, he feels that the 24 feet gives them a degree of visibility. Commissioner Weil asked if any visual studies in terms of the effectiveness of the sign had been done? Scott Duffer stated that he did a limited balloon test on it. He stated they would prefer a 35 foot high sign similar to Carls Jr. but are willing to accept the 24 foot high, 50 square foot area sign if it could stay in the location as submitted. He stated that Cafe Auto Spa was not interested in sharing the billboard sign. Commissioner Kasalek asked if he didn't think that there would be better visibility if the height of the building were increased. Scott Duffner stated that they don't have a lot of building area to put signage on as the building is only 35 feet wide by 54 feet long at an overall height of 18 feet so that for it to become effective signage it would have to go up three stories. They will agree to design the sign in accordance with staff recommendation should the Commission allow the sign as submitted. The Public Hearing closed at 7:39 p.m. Commissioner Weil is in favor of the project as submitted. She is concerned that a pole sign of 24 feet may not be high enough in that location, and feels that a height of 35 feet would be more effective. Commissioner Kasalek has concerns with the traffic on Red Hill and also asked staff if there was a problem with the decorative lighting. She is in favor of the pole sign as submitted. Staff stated there was concern that ten foot-candles may require a more detailed analysis to make sure the property does not light up as an advertising device. The lights do not have to be a replication of those at Cafe Auto Spa but should be compatible and decorative. Planning Commission Minutes February 13, 1995 Page 5 Commissioner Mitzman agrees with the other Commissioners, and would be in favor of separating the sign issue from the project to give it further study. The Public Hearing opened at 7:50 p.m. Scott Duffner appreciated the latitude with regard to the decorative lights as presented by staff but did want the 24 foot sign approved without continuance. Commissioner Weil stated that the Commission wants to consider the signage separately. The Public Hearing closed at 7:56 p.m. Commissioner Weil moved, Kasalek seconded, to recertify the Negative Declaration as adequate for the project by adopting Resolution No. 3332 as submitted. Motion carried 4-0. Commissioner Well moved, Kasalek seconded, to approve Conditional Use Permit 94-016 and Design Review 94-030 for a drive-thru restaurant revised as follows: Resolution No. 3333 title shall have the words, "and denying a freeway pole sign on the property", deleted. Resolution pages 3, 4 and 5 shall have items G and H deleted. Resolution Page 5, Section II, shall delete the words, "and denies the freeway pole sign". Exhibit A, page one, Condition 1.1, insert a sentence two to read, "The Director may approve modifications to the plans to raise the building height and fascia consistent with the proposed architecture and/or that of the adjacent Auto Spa architecture. Sentence three shall remain. Exhibit A, page 3, Condition 3.5 shall change "68 seats" to read, "71 seats". Exhibit A, page 4, Condition 4.4, sentence four, shall read, "Freestanding fixtures in the parking area may be mounted on concrete bases and shall be decorative fixtures subject to approval of the Community Development Department." Motion carried 4-0. The Director stated that it would be helpful to the applicant to identify the information required prior to this item being rescheduled. Staff asked for written confirmation that Taco Bell had requested sharing the current copy area of the billboard sign identified at the Cafe Auto Spa; that they provide a site line and freeway elevation sections that identifies the relationship with the proposed freeway sign at both the proposed heights and include the alternate 35 foot height discussed by Commissioner Weil and examining the freeway ramp grades in relationship to the alternate sign heights at the far right lanes in each direction of the freeway. 4. Zone Change 94-006 APPLICANT CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 ATTN: WILLIAM L. MOORHOUS LOCATION: EAST TUSTIN SPECIFIC PLAN ZONING: EAST TUSTIN SPECIFIC PLAN, PLANNED RESIDENTIAL COMMUNITY ENVIRONMENTAL STATUS: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. REQUEST: TO MODIFY SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENTS. Planning Commission Minutes February 13, 1995 Page 6 Recommendation - It is recommended that the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3330 and; Recommend to the City Council approval of Zone Change 94-006 by adopting Resolution No. 3331, as submitted or revised. Presentation: Daniel Fox, Senior Planner The Public Hearing opened at 8:05 p.m. The Public Hearing closed at 8:05 p.m. Commissioner Kasalek moved, Well seconded, to approve Environmental Determination for the project by adopting Resolution No. 3330 as submitted. Motion carried 4-0. Commissioner Kasalek moved, Well seconded, to recommend to the City Council approval of Zone Change 94-006 by adopting Resolution No. 3331 as submitted. Motion carried 4-0. 5. Conditional Use Permit 93-011 and Variance 93-002 PROPERTY OWNER/ APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CHURCH OF SCIENTOLOGY 1451 IRVINE BOULEVARD TUSTIN, CA 92680-3844 ATTENTION: MS. MARIE MURILLO 1451 IRVINE BOULEVARD PROFESSIONAL (PR) DISTRICT A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 1. A CONDITIONAL USE PERMIT TO AUTHORIZE AN EXISTING MOTIVATIONAL SCHOOL TO OCCUPY AN ENTIRE OFFICE COMPLEX. 2. A VARIANCE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM 150 SPACES TO 111 SPACES. Recommendation -Pleasure of the Commission. Presentation: Scott Reekstin, Assistant Planner Commissioner Mitzman, asked why the applicant did not get the appropriate building permits when the changes were done and did the attendance count as mentioned on page 3 of the staff report include their staff. Staff suggested that these questions be directed to the applicant. Commissioner Kasalek stated she had a hard time justifying 127 parking space when the anticipated maximum attendance was stated as 70. The Public Hearing opened at 8:15 p.m. Coralee Newman, Government Solutions, representing the Church of Scientology, stated she has spent the last year working with staff and the applicant to bring this item before the Commission since it's continuance last year. She concurs with all the conditions as outlined in the staff report. The difficulties with the neighbors arising in the late 1980's have been resolved. A wall has been construction around the parking lot and they have tried to mitigate noise issues. As far as she knows there have been no complaints for a number of years. A detailed traffic analysis was done by a traffic engineer and it was concluded that the existing parking lot Planning Commission Minutes February 13, 1995 Page 7 meets the church's requirements. The church has a written agreement with the office building across the street which provides 13 parking spaces which helps mitigate the parking peaks occurring in the evening hours of operation. They have agreed to reconfigure the assembly space to reduce it by 1300 square feet and agree to the condition that they will not use the chapel and theater concurrently with classroom time. Based on all the changes, she hoped the Commission would approve the requests. Commissioner Weil asked if there was a written agreement with the office building across the street since that statement contradicts the staff report. Coralee Newman stated that the church had a lease, whereby they lease office space in the building across the street which allows them to use the 13 parking spaces. Rev. Ed Dearborn, Executive Director, Church of Scientology, Orange County, stated that as the new director he is making it his personal commitment to abide with all the conditions of the new permit. He stated that he and the members of the church are very interested in the needs and concerns of the community. Commissioner Kasalek asked if an anticipated 15-70 maximum was expected in the peak evening hours and if so why did they need 127 parking spaces? Rev. Dearborn stated that they also have 50 staff members. Commissioner Baker asked if the complaints about excessive lighting had been taken care of. Staff stated that there have been no complaints concerning the lighting; only the noise, and when neighbors had been questioned recently they had mentioned that most of the problems had occurred a number of years ago. Sandra Drummond, 12961 Keith Place, stated she did not understand why more parking places were required; the lights were still a problem and she was not happy. Commissioner Weil asked if Ms. Drummond had contacted staff about these complaints. Sandra Drummond, stated that a City representative had spoken to her about six months ago and there were no complaints because she lives on the other side of the street and does not hear the noise personally but she can see the lights and they bother her. The Public Hearing closed at 8:31 p.m. Commissioner Weil stated she was impressed with the new Director of the church who seems to have more of a handle on the situation than previous Directors but perhaps he could get together with Ms. Drummond after the meeting to resolve her problems. Commissioner Kasalek stated she agrees with the comments of Commissioner Weil and has no problem with approval. Commissioner Mitzman will support the project. Commissioner Baker stated that in hearing Ms. Drummond, he suggested also that she get together with the new Director to resolve the problems. He has no problem with approval as long as the parking remains adequate. Commissioner Well moved, Mitzman seconded, to certify the final negative declaration as adequate for Conditional Use Permit 93-011 and Variance 93-002 by adopting Resolution No. 3334 as submitted. Motion carried 4-0. Planning Commission Minutes February 13, 1995 Page 8 Commissioner Well moved, Mitzman seconded, to approve Conditional Use Permit 93-011, by adopting Resolution No. 3335 as submitted. Motion carried 4-0. Commissioner Well moved, Mitzman seconded, to approve Variance 93- 002, by adopting Resolution 3336 as submitted. Motion carried 4-0. REGULAR BUSINESS: None STAFF CONCERNS: 6. Report on Actions taken at February Meetinq Staff reported on the subject agenda. 6, 1995 City Council COMMISSION CONCERNS: Commissioner Kasalek Asked if something could be done about the signal lights between Nisson and E1 Camino on Red Hill not being synchronized since traffic is getting caught at the intersection. Staff stated that the City controls the signal at E1 Camino and Red Hill as well as the signal at Nisson and Red Hill but that Caltrans controls the two signals at the ramps on Red Hill. Caltrans has not permitted jurisdiction to place controls on their signals and there is a delay in the sequence when the programs switch. The problem is being addressed. Commissioner Mitzman - Asked the status of the Mercury Savings Building. Staff stated that currently the project is in plan check. Asked to have a regularly scheduled reminder on the Brown Act provisions. Staff noted that a presentation had been made by Deputy City Attorney Lois Bobak and that staff asked for a written synopsis to be presented to the Commission. Lois Bobak will follow up on the status of this report. Wished to have it placed on record that he will not be participating in the discussions concerning the East Tustin Specific Plan changes nor the proposed high school. Proposed to agendize for the next regularly scheduled Planning Commission meeting discussion on formation of an ad hoc builder/City committee. Commissioner Wei] Requested that an update on Base Closure be agendized and asked when the next Task Force Meeting would occur. Planning Commission Minutes February 13, 1995 Page 9 Staff noted that the next Task Force Meeting has been scheduled for March 23, 1995. Noted that Commissioner Lunn, absent from this meeting, had asked her to forward information that the convenience store at Newport and Sycamore still has debris in front of it and asked staff to investigate. Staff will follow up. Commissioner Baker Inquired about the buildings at Nisson and Browning which the City owns. Staff stated that one property has been sold and is under renovation. Reported that he had attended the Trends 2000 exposition at the Anaheim Marriott today and was pleased with the exhibit of Orange County. He also wished everyone a Happy Valentines Day. ADJOURNMENT: Commissioner Weil moved, Kasalek seconded, to adjourn the meeting at 8:57 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on February 27, 1995 with an East Tustin Specific Plan Amendments Workshop, 5:30 p.m. and subsequently adjourning to the regular meeting of the Planning Commission at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ~. A. ~J. ~aker/ Chairperson Recording Secretary