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HomeMy WebLinkAboutPC Minutes 11-14-94 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 14t 1994 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Weil Absent: Baker Lunn, Mitzman and 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 October 24, 1994 Planning Commission Meeting. General Plan Consistency Determination for Tustin Unified School District School Site Purchase in East Tustin Recommendation - It is recommended that the Planning Commission determine that the Tustin Unified School District by the purchase of a school site within the East Tustin Specific Plan area is consistent with the Tustin Area General Plan by adopting Resolution No. 3307, as submitted or revised. Final Tract Map 14883 APPLICANT/ OWNER: LOCATION: ZONING: JOHN LAING HOMES 23382 MILL CREEK DRIVE, SUITE 105 LAGUNA HILLS, CA 92653 LOTS 12, L, AND N OF TRACT 12870 EAST TUSTIN SPECIFIC PLAN: MEDIUM-HIGH DENSITY RESIDENTIAL Planning Commission Minutes November 14, 1994 Page 2 ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO SUBDIVIDE 14.616 GROSS ACRES INTO ONE NUMBERED LOT AND FOUR LETTERED LOTS TO ACCOMMODATE 223 CONDOMINIUMS Recommendation -It is recommended that the Planning Commission adopt Resolution No. 3308 forwarding Final Tract Maps 14883 to the City Council recommending approval. Commissioner Well moved, Lunn seconded, to approve the Consent Calendar. 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. Conditional Use Permit 94-012 APPLICANT: LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DELTA DEVELOPERS GROUP, INC. ATTN: FRANK TORKI 25146 ROCKRIDGE ROAD LAGUNA HILLS, CA 92653 EXXON CORP P.O. BOX 53 HOUSTON, TX 77001-0053 16851 MCFADDEN AVENUE RETAIL COMMERCIAL (C-1 P) DISTRICT WITH PARKING OVERLAY A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPROVAL OF A CONDITIONAL USE PERMIT FOR: 1) THE ESTABLISHMENT AND OPERATION OF A SERVICE STATION FACILITY WITHIN THE RETAIL COMMERCIAL (C-I) DISTRICT; 2) ESTABLISHMENT AND OPERATION OF A CONVENIENCE STORE; AND 3) ESTABLISHMENT AND OPERATION OF AN OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT - TYPE 20 LICENSE. Recommendation - Pleasure of the Commission. Presentation: Scott Reekstin, Assistant Planner The Public Hearing opened at 7:03 p.m. Dorine Fisher, president of Tustin Effective Apartment Managers,(TEAM) read a statement in opposition to the alcoholic beverage sales and requested the Commission to deny the request. Faye Jensen, representing Schroeder Management Company and member of TEAM, opposed the alcoholic beverage sales and asked that the Commission listen to the Police Department who must monitor the situation. Planning Commission Minutes November 14, 1994 Page 3 Frank Torki, the applicant, stated that with due respect for the ladies from TEAM his market will stop sales of alcoholic beverages at 10:00 p.m. but that the 7-11 about 350 feet away sells until 2:00 a.m. Signs will be posted on his premises stating that the sales stop at 10:00 p.m. He believes that the mini-market will add to the neighborhood since it will allow for competition. Commissioner Kasalek asked if the alcohol would actually be locked up at 10:00 p.m. Frank Torki stated "yes". The Public Hearing closed at 7:15 p.m. Commissioner Weil stated that although she is in sympathy with TEAM concerning the proliferation of alcoholic beverages, nonetheless guidelines have been set and Mr. Torki is within those guidelines. She feels that the mini-mart and gas station will be a real shot in the arm for the neighborhood and she is in favor of it. Since Mr. Torki has voluntarily put a condition on himself to lock the alcohol cabinet at 10:00 p.m. she feels that this is an indication of how responsible he will be. Commissioner Lunn wanted to clarify that she is on the Board of TEAM and to the best of her knowledge TEAM has not taken an official position on this matter. Commissioner Mitzman is pleased to see that the alcohol cabinet will be locked at 10:00 p.m. and he is in favor of the project. Commissioner Kasalek feels it is a mistake to put a convenience market in this area and that there is a proliferation of alcohol sales. She would like to see some other type of business in this area. She feels that the majority of the Tustin policing is now going into that area and she is not in favor of adding even one more thing that could become a problem. She is also concerned that the property next door is vacant and may become part of the problem. Commissioner Well moved, Mitzman seconded, certifying the final negative declaration as adequate for Conditional Use Permit 94-012 by adopting Resolution 3303 as submitted. Motion carried 3-1. Commissioner Kasalek opposed. Commissioner Well moved, Mitzman seconded, to approve Conditional Use Permit 94-012 by adopting Resolution 3304 revised as follows. Page 3, Item 6, shall read, "No alcoholic beverages shall be consumed on the subject property". Exhibit A, page 2, Condition 2.1(b) shall delete the words, "cable TV". Exhibit A, page 8, Condition 4.15 shall read, "No alcoholic beverages shall be consumed on the subject property". Motion carried 3-1. Commissioner Kasalek opposed. Variance 94-014 AND Design Review 94-010 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: GLENN G. RILEY 1432 S.E. SKYLINE SANTA ANA, CA 92705 13641 RED HILL AVENUE R-4 (SUBURBAN RESIDENTIAL DISTRICT) THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15301 ENVIRONMENTAL QUALITY ACT. DETERMINED TO BE 1) PURSUANT TO THE OF THE CALIFORNIA Planning Commission Minutes November 14, 1994 Page 4 REQUEST: 1. APPROVAL OF A VARIANCE TO REDUCE THE MINIMUM REAR YARD SETBACK FROM TWENTY-FIVE (25) FEET TO THIRTEEN (13) FEET FOR A PORTION OF THE REAR ELEVATION OF A PROPOSED APARTMENT STRUCTURE ON THE PROPERTY LOCATED AT 13641 RED HILL AVENUE. APPROVAL OF A DESIGN REVIEW FOR THE DEVELOPMENT OF TWO ADDITIONAL DWELLING UNITS AND RELATED IMPROVEMENTS ON THE PROPERTY LOCATED AT 13641 RED HILL AVENUE. Recommendation -It is recommended that the Planning Commission approve Variance 94-014 and Design Review 94-010 by adopting Resolution No. 3306, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil asked if there had been any response to the noticing. Staff stated, "no" Commissioner Mitzman asked what the average rear yard setback was. He also asked what the square footage was of the building minus the garage space. Staff stated, that the setback is an average of 20 feet and that each of the units was 1,200 square feet and the existing house is 1,000 square feet. Commissioner Mitzman asked if the property would eventually have additional dedication and if the long term traffic circulation plan called for additional right of way. He also asked if this property would be placed in the Landscape Maintenance District and if so what would be the reason for it. Doug Anderson, City Traffic Engineer, stated that there would not be a traffic nexus established unless the property was being divided and that the long term traffic circulation plan does require an additional 10 foot dedication at that time. The Districts are set up along corridors and as development occurs this property would be annexed into the Tustin Landscape and Lighting District. Commissioner Kasalek asked what there was in the way of windows in that portion of the project that was 13 feet high. Staff stated that there were two windows in this rear facing elevation. The Public Hearing opened at 7:28 p.m. Steven Amort, 13642 Green Valley Avenue, Tustin, stated he and his father own the property behind this proposed project and that there must be some mistake in the report concerning the rear setback since he owns Lot 9 which is 50 feet wide. He is opposed to this project since ten years ago he built a duplex and they are at 25 feet, leaving only a 38 foot distance to his windows and he feels that this will affect the privacy of his tenants. Staff stated that since they did not have right of access to the three properties to the west, staff had to rely on an aerial photo which is apparently now outdated. Planning Commission Minutes November 14, 1994 Page 5 C.M. Thomson, 1660 N. Main St., Orange, representing Mr. Riley, stated that his firm prepared the plans for this project. They tried to create two new units with private open space of their own. He stated that it was probably true that there is only a 38 foot distance to Mr. Amort's property, however, one of the lots that abuts has a two story structure so that the privacy question can also be viewed from their end in that the people in the two story can look down into the yards of this project. The Public Hearing closed at 7:35 p.m. Commissioner Lunn commented that she has lived in apartments for the past five years and wishes she had a 38 foot distance between units. Commissioner Weil stated that Mr. Riley originally came to the Commission with four units on this property and that this is a tremendous improvement. She agrees with Commissioner Lunn since she lives in a single family house and only has a ten foot distance from her neighbor. This is a nice looking project and she is in favor of it. Commissioner Kasalek agrees that this is an improvement over the previous project and she is also in favor of it. Commissioner Weil moved, Lunn seconded, to approve Variance 94-014 and Design Review 94-010 by adopting Resolution 3306 as submitted. Motion carried 4-0. Conditional Use Permit 94-024 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SANDERSON J. RAY DEVELOPMENT 2699 WHITE ROAD #150 IRVINE, CA 92714 LOT 13 OF TRACT 12763, SOUTHWEST CORNER OF IRVINE BOULEVARD AND JAMBOREE ROAD. PLANNED COMMUNITY - NEIGHBORHOOD COMMERCIAL, EAST TUSTIN SPECIFIC PLAN THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT APPROVAL OF A MASTER SIGN WHICH DEVIATES FROM THE REQUIREMENTS OF THE CITY OF TUSTIN SIGN CODE Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 94-024 by adopting Resolution No. 3309, as submitted or revised. Presentation: Becky C. Stone, Assistant Planner Staff noted that the Commission has been provided with a letter received today from an adjacent residential property owner, opposed to the signs and unable to be at the meeting this evening. Commissioner Weil asked if the proposed project across the street to be developed by the county was to be residential. Staff stated that the final development plans for the site immediately to the east are not available on a development level. The commercial property is anticipated south of Bryan and north of the I-5 Freeway on the east side of Jamboree Road. The Public Hearing opened at 7:47 p.m. Planning Commission Minutes November 14, 1994 Page 6 Christopher DeRuyter, Signage Solutions, representing Sanderson J. Ray, distributed a handout to the Commission which included photographs of various signs in the City. He stated that there were 24 pylon signs in the City over 25 feet high, and that his photos show everything from single pole signs to multi-business and professional centers. He stated that the purpose of this hand out was not to say that "we want what they have" but as a consultant to the developer his goal is to develop a sign program developing all the sign types that will balance with the architecture and community. He stated that the project report stated that the pylon was out of scale but he does not feel this is so. He feels that since Jamboree is a super street the messages conveyed by the signs are lost by the speed of vehicles and that they are also hindered by a 1000 lineal foot frontage which is not a typical situation since other sign programs they have done have 3 or 4 pylons per 1000 foot frontage. Also, the signs proposed do not rust and are extremely durable. Commissioner Kasalek asked if he agreed with the changes that staff has recommended. Christopher DeRuyter stated that right now he was just addressing the pylon project signs. Commissioner Weil feels that the sign is too big for the project and asked if the sign was to be set on berming. She doubts that traffic on Jamboree could get up to 50 miles per hour so that reading the signs would not be a problem and that this should not be compared to Tustin Marketplace since this is a neighborhood shopping center and most of the people frequenting this center would know that Ralph's was there. Christopher DeRuyter stated there was a slight berm. John Murphy, Service Station Services, speaking on behalf of Shell Oil Company, stated that based on the staff report and according to his understanding there seems to be no alternatives in reference to three signs versus one. Since staff has indicated that they could have one monument sign for pricing, two faced at 32 square feet on each side, he suggested two alternatives; a two face sign with 24 square feet on each face or a three face sign 24 square feet on each face. Their preferred alternative is the three faced sign. He recommended approval of the third secondary wall sign suggested by staff since he believes it is helpful for people to know exactly what station is in the center. Staff stated that there would be no problem with the compromise as presented by the speaker. Staff asked if the spandrel request had any change in the square footage since the original submittal. John Murphy stated that it was identical to the original proposal. Commissioner Weil asked if the 3 way sign proposed was triangular. John MurhDy stated "yes" with 24 square feet on each face and located in the corner at the intersection as per staff recommendation. The Public Hearing closed at 8:07 p.m. The Commission was in consensus concerning the primary wall signs. The Commission was in consensus for the stand alone monument sign. The Commission was in consensus concerning the Shell triangular sign. The Commission was in consensus concerning the 50 square foot spandrel sign. The Public Hearing opened at 8:12 p.m. Planning Commission Minutes November 14, 1994 Page 7 John Murphy wanted clarification on the 50 square feet. Staff stated that the 50 square feet for the secondary signs could be used on two elevations and the spandrel. The Public Hearing closed at 8:13 p.m. In responding to the testimony of the applicant, the Director pointed out that as evidenced by the photo exhibit of the existing pylon signs indicated by the applicant to be over 25 feet in height, all of those signs are currently non-conforming in the City of Tustin. The one sign that may be close to the one proposed for this site is the Tustin Heights Center sign on Irvine Boulevard. This was an existing pole sign of 60 feet which the Planning Commission recently reduced and refaced and it is not a new installation. The signs as they are exhibited by appearance are signs constructed in the late 60's when pole signs were a prevalent industry standard and they are no longer applicable in many of the communities where sign codes are being developed. Staff stated that perhaps the statement that the sign was out of scale with the surrounding neighborhood was not appropriate given that Ralph's has a 35 foot roof apex. However, the building height is not the only question, the surrounding properties and the sign's compatibility with design review provisions also should be considered. The scale of this particular sign in terms of the human scale is characteristically out of scale. Staff feels that the setbacks of Ralph's in particular from Jamboree Road and Irvine Boulevard were off set by the fact that there was a significant deviation allowed to permit the 120 square feet on the building to be visible. The deviation offsets the impacts relative to setbacks necessary for this particular project. The significant frontage as indicated by the applicant as being greater than most of the centers in the City of Tustin with pylons greater than 120 feet is an over-generaliza- tion as staff can point out signs for which pylons of over 120 feet have not been granted on sites which have large street frontages. One example is the Courtyard project for which the Commission recently approved a master sign plan. On the issue of readability and the speed of this site and its ability to be seen by the motorist in passing is something that is seen at the other sites that have been identified by staff. The Courtyard Center is another example of street frontage on a major arterial highway. The statement by the applicant that there is a true representation of the project architecture here is very commendable but the City has a very detailed design review process and this kind of treatment for the sign would be expected. Commission Lunn stated she agrees with Commissioner Weil. Repeat neighborhood customers will not rely on the sign, once they are aware of the stores they will just know where they are. She agrees with staff recommendations. Commissioner Mitzman stated that being the only resident of Tustin Ranch on the Commission he has some insight on some of the other residents of Tustin Ranch and feels that the high monument sign is dramatic overkill and agrees with staff. Commissioner Kasalek feels that the location is aimed at the neighborhood, the signs are an overkill and agrees with staff. Staff pointed out a recommendation that the monument signs along Irvine Boulevard and Jamboree Road be a maximum height of 14 feet and asked that those signs be monolith signs. Planning Commission Minutes November 14, 1994 Page 8 Commissioner Well moved, Lunn seconded, to approve Conditional Use Permit 94-024 by adopting Resolution No. 3309 revised as follows. Exhibit A, page 2, Condition 2.9 shall read, "The gasoline service station located on Pad & shall be limited to one, three sided monument/pricing sign consistent with the requirements of the City of Tustin Sign Code. The monument sign shall be a maximum of 24 square feet in area per face, and a maximum of six-feet in height. Pricing information shall be incorporated within the business identification monument sign, and no other freestanding pricing signs shall be permitted". Condition 2.10 shall read, "Secondary copy for Pad A shall be llmited to a total of 50 square feet and may be divided into multiple signs and be located on the canopy and/or spandrel structure provided that no more than one secondary sign is located on the same elevation with exception of spandrel on the same elevation. Motion carried 4-0. REGULAR BUSINESS: None STAFF CONCERNS: Report on Actions taken at November 7, 1994 City Council Meeting The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Lunn Commented on the number of political signs remaining south of the 5 Freeway along Newport Boulevard. Staff noted that Public works is following up. Commissioner Weil Commented that the reason it looked like there were so many more signs this year than with a City election is that the latter disappear the minute they go up. Noted that she would like to see the fee amounts listed by square footages in future "conditions" of reports so that those not familiar with the fee structure, as in the case of new applicants, would find the reports more user friendly. Noted that Home Depot seems to have been completely cleaned up. Commissioner Mitzman Commented that copies provided of the layout of a building in one of this evenings reports was unreadable and he would like to see a clearer representation in the future so that he does not have to refer to the plans to read the statistics. Also, he would like to see square footages of buildings and garages separated. Regarding the memorandum on the high school site for Tustin Ranch, he wanted to know if the task force had been formed and who was on it. He noted that there was a tremendous amount of opposition to this apartment project at Tustin Ranch Road and he requested a copy of the application and further information on it. Planning Commission Minutes November 14, 1994 Page 9 Staff replied that the task force was made up of representa- tives of City Council, including Councilwoman Worley and Mayor Saltarelli and that the information in the memo was what staff was asked to respond to. Staff pointed out that the only information that could be given to the Commissioner was that which was available as public record. Commissioner Kasalek Noted that the contractor at the Pinebrook and Nisson remodel project constantly leaves piles of debris and other than code enforcement was there anything that could be done to curtail this. Staff stated that the City did not have an ordinance to mandate a dumpster on the site and it was an enforcement problem for the City but was being continually monitored. Stated that she had attended the Dinosaur Dash and it was very successful. She noted that she had heard very positive compliments for City staff and the Police Department both on the cleanup and overall support of the event. ADJOURNMENT: Commissioner Well moved, Lunn seconded, to adjourn the meeting at 8:36 p.m. Motion carried 4-0. The next regular meeting of the Planning Commission is on November 28, 1994 at 7:00 p.m. Centennial Way, Tustin. in the City C~ ~A~ L. Bake Chairperso ~ambers at 300 Barbara R~ Recording Secretary