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HomeMy WebLinkAboutPC Minutes 11-28-94 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEET~'NG NOVEMBER 28, 1994 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 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. Deputy City Attorney Lois Bobak introduced Mary Binning, an associate of the law firm of Rourke, Woodruff and Spradlin, who will be present at the next meeting in Ms. Bobak's place due to vacation. 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 November 14, 1994 Planninq Commission Meetinq. Commissioner 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 November 28, 1994 Page 2 Zone Change 94-005, Conditional Use Permit 94-016, and Design Review 94-025 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 1. 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 PREPARED FOR THIS PROJECT IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPROVAL OF A ZONE CHANGE FROM RETAIL COMMERCIAL (C-i) TO COMMERCIAL GENERAL (CG) FOR THE PROPERTY LOCATED AT 14042 RED HILL AVENUE; APPROVAL OF A CONDITIONAL USE PERMIT FOR A FAST FOOD RESTAURANT WITH A DRIVE-THROUGH LANE; APPROVAL OF A CONDITIONAL USE PERMIT FOR A FREESTANDING FREEWAY SIGN; AND APPROVAL OF THE PROPOSED ARCHITECTURAL DESIGN AND SITE MODIFICATIONS FOR A 1,989 SQUARE FOOT FAST FOOD RESTAURANT. Re¢ommend&tion -It is recommended that the Planning Commission take the following actions: Certify the Negative Declaration as adequate for the project by adopting Resolution No. 3311; Recommend to the City Council approval of Zone Change 94-005, with the conditions that the applicant enters into a Development Agreement for: A) the dedication of required right-of-way along the Red Hill Avenue frontage, including the corner cut-off at Nisson Road; and B) the construction of the ultimate improvements along Red Hill Avenue frontage and northeast corner of Nisson Road with reimbursement of said construction costs to the applicant by the City, by adopting Resolution No. 3310, as submitted or revised; 3. Based on the advise of the City Attorney, table Presentation: Daniel Fox, Senior Planner Commissioner Kasalek asked if a zone change was done when the car wash went in and if so why wasn't this one done at that time. Staff affirmed and explained that at that time the City was unaware that auto-mate would be displaced as a result of the I-5 widening and they had been accommodated under the existing zoning at that time. Commissioner Weil asked the time frame for the widening of Red Hill. Tim Serlet, Public Works Director, responded that it is anticipated that the preliminary study which the City Council just authorized with IWA will be completed in the next 9-12 months so that construction would be expected within a three year time period. The Public Hearing opened at 7:12 p.m. Planning Commission Minutes November 28, 1994 Page 3 Scott Duffner, Vice President of Fancher Development Services, representing Taco Bell, asked that if a decision was made this evening by the Commission to table the matters of the Design Review and Use Permit items that they be continued to the certain date of December 12th. He also requested relief of the condition which would require Taco Bell to construct right-of-way improvements, until the City goes forth with the entire project on Red Hill. The Director stated that even if the Council conditionally approved a zone change it would be subject to the applicant entering into an agreement not effective until the agreement was executed and recorded. To clarify, a zone change requires a first and second reading and would not be effective for 30 days. The agreement would have to be executed and recorded before the effective date of the Ordinance which would not be earlier than the first meeting of February, therefore, continuing to a certain date in December would not be realistic. The applicant could proceed through the plan check process if they submit a letter of risk during this time frame, thereby avoiding delay. Commissioner Baker asked if Taco Bell's concern was solely because of noticing. Staff stated that cost of re-noticing is borne by the City and not the applicant, and it would be less confusing for the public to re- notice when the item was again agendized. Scott Duffner noted that all three matters were brought before the Commission for consideration this evening, they are not trying to avoid re-noticing but just want to get on with the project. If it were possible to reach some sort of conditioning of the zone change this evening they could move forward with the conditional use action on a date certain; he requested that the Commission act on all three matters as originally noticed. The Director stated that following lengthy discussion with the City Attorney, and because of the legal threats made by the applicant through the City Attorney's office, the conditioned agreement identified in the zone change should be executed prior to any action on the conditional use permit. Conditional Use Permits processed with zone changes are not effective until the effective date of the zone change. Scott Duffner stated that Taco Bell has made no legal threats of litigation; the property owner was concerned that the City had not demonstrated an appropriate nexus with regard to the taking of the property proposed for dedication. He feels it is healthy for people to be concerned about property rights. He stated he was prepared to accept the dedication and willing to proceed with the project with an understanding that all three items are tied together. The Director stated that support from the Engineering Division indicates that there has been adequate nexus and rough proportionality expressed in the staff report. Commissioner Weil asked that if the construction improvements were made would it be certain that is what the City would ultimately require. Tim Serlet stated "absolutely" or they would not have been conditioned as such. Commissioner Kasalek asked the extent of the improvements being requested. Planning Commission Minutes November 28, 1994 Page 4 Tim Serlet stated the City was asking for a dedication of the necessary right-of-way to construct a right turn lane between Nisson and the Freeway on-ramp. Scott Duffner stated that in addition to the right turn lane they were seeking to construct a bike path, sidewalk, curb/gutter and parkway. Right-of-way at is shallowest would be 22 feet and the south end would have a 28 foot depth. Commissioner Baker asked if all this was to be incorporated into the agreement. Staff stated "yes" and the time frame for conditioning the improvements would be worked out with the City Attorney office and the property owner. Tim Serlet stated that the dedication alone does nothing but that the improvements need to be constructed prior to the opening of the facility in order to guarantee the safety and efficiency of the adjacent street. Commissioner Kasalek asked why the improvements would make the situation safer. Tim Serlet stated that a driveway is considered an intersection and the City would not typically allow a driveway on a major street unless there was a spacing of at least 300 feet. The additional right turn lane will alleviate problems associated with a right turn into the site. The City's first preference would be that no driveway exist but in the interest of helping the project that condition as well as the construction of a median island were eliminated and the median allowed as it is. The Director stated that the applicant was aware of the right-of- way needs requested by the city as far back as 9 months ago and Taco Bell as well as the property owners were in full agreement but changed their posture following recent issues revolving around the Dolan decision and indicated that the property owner did not wish to make the dedicated requirements. Scott Duffner stated that there was no doubt that the dedication and the improvements were necessary. However, he feels that there is an inaccuracy in that the necessity of a right turn lane for traffic entering the site points out that none of the right-of-way to the south is widened to this effective width. Although they originally challenged it they are no longer opposed to the dedication. Commissioner Weil stated that she had a couple of meetings with Mr. Moriarty discussing the nexus and proportionality and that he was aware of the impacts of the project on the intersection. She agrees with staff concerning the widening improvements but would like to see a right turn in only. Commissioner Baker lane. suggested that Nisson also be widened by one Scott Duffner stated it had been studied and it was decided that it would serve no purpose since there is not a sufficient right turn pocket even if the entire property along Nisson were widened. Commissioner Kasalek stated her concern was with the students of the high school backing up traffic onto Red Hill during the lunch hour by arriving at Taco Bell all at once. Planning Commission Minutes November 28, 1994 Page 5 Scott Duffner stated he was not taking issue with the dedication or ultimate improvements but the delay associated with the continuance was a concern. He would feel more comfortable going at risk for on and off site plan developments if these items were behind them. The Public Hearing closed at 7:45 p.m. Commissioner Kasalek stated that Mr. Duffner had made reference to the improvements on this one block and asked if there would be a widening between Nisson and Mitchell. Doug Anderson stated not at this time with this project but that there was another phase proposed later on to add bike lanes. The IBC and the City of Irvine have some responsibility for improvements in that area. Commissioner Weil still would like to see a right turn in only and would like to see this included in the agreement. Commissioner Kasalek is not in favor of the driveway at all and agrees with Commissioner Weil and would like to see more discussion on the Nisson widening. Commissioner Mitzman feels that anything done on this site will create traffic problems. Disagrees with right turn in only on Red Hill. The Public Hearing opened at 8:00 p.m. Jim White, one of the property owners, stated they do not oppose the dedication, will accept it and would like to get on with the project just as soon as they can. Scott Duffner stated that a point may have been missed regarding the peak periods with respect to traffic in that they do not coincide with Taco Bells activity. The noon hour is not a critical period in terms of level of service for that intersection but that right in, right out turns are a key element to on site circulation. The Public Hearing closed at 8:03 p.m. Lois Bobak emphasized that since the property owner has withdrawn any objection to the dedication it should be relatively simple to enter into an agreement and get it recorded and it may not even be necessary to submit an at risk letter, as an agreement could now be wrapped up within the next couple of weeks conditioned on the final effectiveness of the zone change. Commissioner Baker alternative. prefers the right in, right out turn A consensus revealed that the Commission was in favor of the right in, right out turn onto Red Hill by 4 to 1 with Commissioner Weil supporting right in only. Commissioner Well moved, Lunn seconded, certifying the Negative Declaration as adequate for the project by adopting Resolution No. 3311 as submitted. Motion carried 5-0. Commissioner Well moved, Mitzman seconded, to recommend to the City Council approval of Zone Change 94-005, with the conditions that the applicant enters into a Development Agreement for: A) the dedication of required right-of-way along the Red Hill Avenue frontage, including the corner cut-off at Nisson Road; and B) the construction of the ultimate improvements along Red Hill Avenue frontage and northeast corner of Nisson Road with reimbursement of Planning Commission Minutes November 28, 1994 Page 6 said construction costs to the applicant by the City, by adopting Resolution No. 3310, as submitted. Motion carried 5-0. Commissioner Well moved, Lunn seconded, to table Conditional Use Permit 94-016 and Design Review 94-025 until such time as the City Council has taken action on the Zone Change 94-005 and the applicant has satisfied the conditions of said Zone Change. Motion carried 5-0. REGULAR BUSINESS: 3. Desiqn Review 94-034 APPLICANT: OWNER: AGENT: ENGINEER: LOCATION: ZONING: ENVIRONMENTAL REQUEST: REQUEST: RED ROBIN INTERNATIONAL 28 EXECUTIVE PARK, SUITE 200 IRVINE, CA 92714 THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 DONAHUE SCHRIBER 3501 JAMBOREE RD., #300 NEWPORT BEACH, CA 92660 FUSCOE ENGINEERING 16735 VON KARMAN, SUITE 100 IRVINE, CA 92714 3015 EL CAMINO REAL MIXED USE EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS CONSIDERED CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO ESTABLISH A TEMPORARY PARKING AREA ON AN EXISTING VACANT PAD RESERVED FOR FUTURE DEVELOPMENT. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3312 to authorize additional parking in Tustin Marketplace, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Kasalek stated she was thrilled to see added parking but asked why it was that Red Robin was picking up the tab. Cal Woolsey, Fuscoe Engineering, stated their firm was hired to provide them with the added parking but was not sure why Red Robin was picking up the tab. Debbie Frost, General Manager of Tustin Market Place, stated that it was Red Robin who approached them on the parking issue to improve sales. Commissioner Mitzman stated he realized this parking was temporary but that his concern was for the future and if this parking were ever taken away. He suggested that all the un-occupied pads be used for parking. Debbie Frost, stated that they were aware of the possible elimination of parking in the future and that each tenant space would have to be considered for parking requirements but since they are not ready to expand right now they are in favor of using the space effectively. She will take the suggestion for parking on the other un-occupied pads to her superiors. Commissioner Kasalek moved, Weil seconded, to adopt Resolution No. 3312 to authorize additional parking in Tustin Marketplace, as submitted. Motion carried 5-0. Planning Commission Minutes November 28, 1994 Page 7 Status Reports Received and Filed STAFF CONCERNS: Report on Actions taken at November 21, 1994 City Council Meeting The Director reported on the subject agenda. 6. Discussion on holding scheduled meeting of December 26, 1994. Commissioner Weil moved, Lunn seconded, to cancel the scheduled meeting of December 26, 1994. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Lunn Reported that she had completed the Citizen Police Academy and felt it was very worthwhile. Commissioner Weil Welcomed Tim Serlet, Public Works Director, meeting and thanked him for his input. to the Stated that following the discussion of the proliferation of alcoholic beverage sales locations at the previous Planning Commission meeting and the Police Department concerns which were brought up, she would like to request a review of City Alcoholic beverage establishment guidelines and criteria to be agendized and suggested that a Police Department representative attend. Commissioner Kasalek - No comments Commissioner Mitzman Stated he understood that the City had funds available for property improvement and wanted to know how the process worked. Staff stated that in certain portions of the City there are funds available for grants and loans. The City has a very active concentrated marketing program to promote the program. The City takes a more aggressive position with the housing rehabilitation of the southwest neighborhood in an area south of the I-5 freeway, west of Red Hill Avenue. The Commercial Rehab area benefits Newport Avenue and the Old Town area. Commissioner Baker Pleased to hear of the $110,000 proposed for the Business Attraction and Retention Committee. Thanked the Tustin Weekly for the nice article concerning him. ADJOURNMENT: Commissioner Kasalek moved, Well seconded, to adjourn the meeting at 8:34 p.m. Motion carried 5-0. 11 ........... 1--1 Planning Commission Minutes November 28, 1994 Page 8 The next regular meeting of the Planning Commission is on December 12, 1994 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Barbara Reye~/ Recording Secretary