Loading...
HomeMy WebLinkAboutPC Minutes 09-13-93MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 13, 1993 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Baker, Butler, Stracker and Weil Absent: None 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. Mr. Jerry Clark, J.F.C. Design Group Inc., 20331 Irvine Avenue, Santa Aha Heights, representing applicant Steven C. Crook, spoke in favor of the extension of Deferral of Enforcement of Sign Abandonment at 13992 Red Hill Avenue. The Commission agreed to include it on a future agenda for reconsideration. 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 Auqust 23,1993 Planninq Commission meetinq. 2. Final Tract Map 14782 APPLICANT:/ OWNER: CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOCATION: LOT 10 OF TRACT 12763 ZONING: EAST TUSTIN SPECIFIC PLAN: MEDIUM DENSITY RESIDENTIAL ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(B) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CREATE TWENTY FIVE NUMBERED LOTS AND 40 LETTERED LOTS TO ACCOMMODATE 94 PATIO HOME DWELLINGS IIlll -T -'-q'l ..... Planning Commission Minutes September 13, 1993 Page 2 Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3192 recommending to the City Council approval of Final Tract Map 14782. Commissioner Baker moved, Stracker seconded to approve the Consent Calendar. Motion carried 4-1. Commissioner Kasalek 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. 3. Conditional Use Permit 93-024 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. SAX ENDO CHEVRON AGENT CHEVRON U.S.A. PRODUCTS, INC. P.O. BOX 2833 LA HABRA, CA 90632 EDGAR E. PANKEY TRUST 320 WEST MAIN STREET TUSTIN, CALIFORNIA 92680 13922 RED HILL AVENUE SOUTHEAST CORNER OF RED HILL AVENUE AND EL CAMINO REAL CENTRAL COMMERCIAL DISTRICT (C-2) A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). TO AUTHORIZE THE CONTINUED OPERATION OF SELF- CONTAINED MOBILE UNITS TO EXTRACT AND TREAT CONTAMINATED VAPORS FROM THE PROPERTY LOCATED AT 13922 RED HILL AVENUE FOR 12 TO 36 MONTHS. Recommendation -It is recommended that the Planning Commission: 1. Adopt Resolution No. 3187, certifying the Final Negative Declaration as adequate for the project; and 2. Adopt Resolution No. 3188, approving Conditional Use Permit 93-024, subject to the conditions contained in Exhibit A, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Kasalek asked if the correct address of the property was 13922 Red Hill, or 13992 as stated in a previous report. Staff replied that 13922 was correct. Commissioner Butler asked if the 36 month extension indicated that the project would continue for 36 months. Staff replied that the applicant requested beyond the expected 24 months in case the project runs longer than expected. The Public Hearing was opened at 7:12 p.m. The Public Hearing was closed at 7:13 p.m. Commissioner Baker stated that the damage was more extensive than expected. Planning Commission Minutes September 13, 1993 Page 3 Commissioner Baker moved, Stracker seconded to adopt Resolution No. 3187, certifying the Final Negative Declaration as adequate for the project. Motion carried 5-0. Commissioner Baker moved, Stracker seconded to adopt Resolution No. 3188, approving Conditional Use Permit 93-024, subject to the conditions contained in Exhibit A, as submitted. Motion carried 5- 0. 4. Conditional Use Permit 93-029 and Variance 93-008 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DR. WILLIAM STANFORD 14935 HOLT AVENUE TUSTIN, CALIFORNIA 92680 MARY VIRGINIA FLAHERTY 190 EL CAMINO REAL TUSTIN, CALIFORNIA 92680 190 EL CAMINO REAL CENTRAL COMMERCIAL (C-2) DISTRICT; COMBINING PARKING AND CULTURAL RESOURCES (OVERLAY) DISTRICTS THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISION OF THE SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1. TO AUTHORIZE THE ESTABLISHMENT OF A MEDICAL/DENTALPROFESSIONALAND GENERAL OFFICE DEVELOPMENT OCCUPYING MORE THAN FIFTY PERCENT (50%) OF THE TOTAL SQUARE FOOTAGE OF AN EXISTING BUILDING; AND 2. TO ALLOW A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES FROM TWELVE (12) TO SIX (6) SPACES. Recommendation- It is recommended that the Planning Commission adopt Resolution No. 3191 approving Conditional Use Permit 92-029 and Variance 92-008, as submitted or revised. Presentation: Paula Rankin, Associate Planner Commissioner Weil asked if signage would be dealt with later and suggested that signs be installed to direct patients to parking in rear. Staff replied that there were no formal plans for tenant improve- ment; and that staff would encourage directional signage. Commissioner Stracker asked if the applicant had read the con- ditions and approved them; where employees would park; and what type of general offices were proposed. Staff affirmed that the applicant approved the conditions; that there is adequate on-street parking; and that no tenants have come forth. Commissioner Kasalek asked how many employees there were currently. Staff replied that there were no problems with the conditions; did not know how many employees; and thought there was adequate on- street parking. The Public Hearing was opened at 7:17 p.m. Commissioner Stracker asked if the condition regarding employees was adequate; and the type of general offices proposed. Planning Commission Minutes September 13, 1993 Page 4 Dr. William Stanford, applicant, replied that they see one patient every half hour, except for emergencies; that there are two full- time employees; that expansion would not require more employees; and that a computer consultant was interested in the offices for general office and phone communication use. Commissioner Butler asked the square footage of the doctor's present location. Commissioner Baker asked if there were any questions regarding condition 3.1; and that if downtown develops, the condition may be imposed. Dr. Stanford replied that it was approximately 1,100 square feet; and that he did not see a need for a valet service, but had no problem with it. The Director stated that if parking demand is an issue on this site, an analysis would be done and additional mitigation measures would be taken; that the applicant could utilize the parking structure, but it was not realistic to expect that patients would use it; and that the alternatives would be identified if problems Occur. The Public Hearing was closed at 7:25 p.m. Commissioner Butler noted that the adjacent property was for sale; asked if there were any applicants regarding that property; if it was a different owner; if the proposed block wall will affect the property value; and asked if the painted green curb should be repainted. Staff replied that there were no known applicants; that it has a different owner; that it is a residence; and that the applicant could work with the Public Works Department regarding the curb; and that the process was followed to implement the 24 minute parking. The Director stated that repainting of the curb would be based on input from the adjacent property owners. Commissioner Butler asked if the curb could be red-striped; that he was concerned that parking might be inadequate without on-street parking; and asked if the large avocado tree could be retained. Staff replied that they could work with the applicant to attempt to retain the tree. Commissioner Stracker noted that the lot across the street was striped as a loading zone. The Public Hearing was re-opened at 7:30 p.m. Dr. Stanford stated that the tree was on the adjacent property; that there is signage indicating one-hour parking on Second Street and two-hour on E1 Camino Real; and is unaware of a green curb. The Public Hearing was closed at 7:31 p.m. Commissioner Butler asked how the City is protected from install- ation of a business like a restaurant requiring many parking spaces. Staff replied that problems would be determined at plan check. Planning Commission Minutes September 13, 1993 Page 5 Commissioner Weil stated that this is the first project complying with the suggestions of the RU/DAT; that there would not be many patients at one time; and that the parking would be adequate; and that the staff report was excellent. Commissioner Butler moved, Baker seconded to adopt Resolution No. 3191, approving Conditional Use Permit 92-029 and Variance 92-008, as submitted. Motion carried 5-0. 5. Conditional Use Permit 93-025 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JOEL CORONADO 2929 S. VINEYARD AVENUE ONTARIO, CA 91762 JOHN RICHARDSON 27 BLUE LAGOON LAGUNA BEACH, CA 92651 15822 PASADENA AVENUE C-2 (CENTRAL COMMERCIAL DISTRICT) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH A CONVENIENCE STORE AT AN EXISTING COMMERCIAL CENTER LOCATED AT 15822 PASADENA AVENUE. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 93-025 by adopting Resolution No. 3186, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil asked for clarification of ownership of the property. Staff replied that the owner is John Richardson. Commissioner Baker asked why the particular concerns. Police Department had no Staff clarified that the Police Department had general concerns regarding that area, but not that particular property. The Public Hearing was opened at 7:39 p.m. Joel Coronado, applicant, stated that he owned six (6) stores in California; that he is happy to come to Tustin which is a nice and beautiful city. Commissioner Stracker asked the types of items being sold. Commissioner Kasalek asked if the store was a meat market. Mr. Coronado replied that he caters to the Spanish Community; and affirmed that he sells meat from a butcher, produce, deli and bakery. Commissioner Stracker asked how the applicant would keep the fly population under control. Commissioner Baker noted that the hours seemed appropriate. Mr. Coronado replied that the Health Department inspects the property; that they have no problem with flies, as they keep the ~ ...... · .... TI]IT Planning Commission Minutes September 13, 1993 Page 6 area as clean as possible; and that their usual hours are 8:00 a.m. to 8:00 p.m. but would be open until 9:00 p.m. Commissioner Kasalek commented that the hours would help eliminate loitering. The Public Hearing was closed at 7:42 p.m. Commissioner Weil requested that a pay phone not be allowed to be installed, since the residents requested that the previous phone be eliminated. The Director added condition 3.15, applying to the entire center, as moved; and noted that pay phones have been removed from centers in the City due to loitering. Commissioner Butler asked if there were any restrictions on how often the parking lot should be cleaned; and suggested that it be cleaned every six (6) months. The Director replied that there were no previous steam cleaning requirements; that the property is to be maintained free of trash and debris; that setting a time limit would force the applicant to only respond at those times; suggested adding "on a regular basis as needed" as determined by Community Development Department to the verbiage. Commissioner Weil moved, Baker seconded, to approve Conditional Use Permit 93-025 by adopting Resolution No. 3186 revised as follows: Exhibit A, Page 3, Item 3.11 should be changed to read, "Ail parking areas and walkways for the entire property shall be steam cleaned and maintained free of trash and debris on a regular basis as needed. All damaged and cracked areas shall be repaired". Exhibit A, Page 3, additional Item 3.15 shall be added to read, " No exterior public phones to be allowed on subject site, prevent loitering". Motion carried 5-0. to 6. Desiqn Review 93-005 and Conditional Use Permit 93-028 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: AMERICAN RESTAURANT GROUP 450 NEWPORT CENTER DRIVE, 6TH FLOOR NEWPORT BEACH, CA 92660 THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 3030 EL CAMINO REAL MIXED USE (NEIGHBORHOOD COMMERCIAL) EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. APPROVAL OF THE ARCHITECTURAL DESIGN OF A RESTAURANT AND LOUNGE AND APPROVAL OF A MODIFICATION OF THE MASTER SIGN PLAN FOR THE TUSTIN MARKET PLACE Recommendation -It is recommended that the Planning Commission take the following actions: 1. approve the Environmental Determination for the project by adopting Resolution No. 3173; 2. approve Design Review 93-005 by adopting Resolution 3174, subject to conditions contained in Exhibits A and B, as submitted or revised, and 3. approve Conditional Use Permit 93-028 by adopting Resolution No. Planning Commission Minutes September 13, 1993 Page 7 3175, subject to conditions contained in Exhibit A, as submitted or revised. Presentation: Sara J. Pashalides, Associate Planner Commissioner Baker asked if the applicant had received copies of the changes and was satisfied. Staff replied that the hand-written changes had not yet been received, but the changes had been communicated verbally. Commissioner Stracker asked for a clarification the changes. Staff replied that the changes on page 2 and 3 were tied to improvements on West Drive; that prior to the Certificate of Occupancy the property owner will change the Beacon Bay to an entrance only at West Drive and has installed bollards; that a traffic study will be done within six (6) months to determine the bollards' effectiveness; if they are effective, then permanent curbs would be installed. The Director commented that the bollard location is closer to the north portion of the entrance; that they are also concerned with pedestrian safety, particularly in front of Home Depot. Commissioner Weil stated that there is a bad circulation problem in front of Home Depot; and that an in depth analysis of traffic engineers could solve the problems; suggested addition of a loading area similar to IKEA's; but that the improvements may make traffic move faster, putting pedestrians in further jeopardy. Commissioner Stracker asked about an access to Myford from Beacon Bay. Staff replied that there is access at the south portion of the building; that there is wall on Beacon Bay property line. The Public Hearing was opened at 8:06 p.m. Mr. Phillip Gilbert, Form Guild Architects, representing American Restaurant Group, 34094 Mazo Avenue, Dana Point, expressed his appreciation to the staff and accepted the conditions as outlined in the Resolutions. Mr. Clarence Barker, 550 Newport Center Drive, Newport Beach, Vice President Irvine Retail Properties Group, representing the owner, stated that he understood the conditions and was in agreement. Commissioner Stracker asked for clarification regarding the traffic report. Mr. Pat Gibson, 1453 Third Street, Santa Monica, Vice President Kaku Associates, Traffic and Engineering Firm for Black Angus Project, stated that they looked at the maximum occupancy rates; that 85% is the peak normal of a design; that they found the Market Place to be 88-90% occupied in December, but other months were well below on weekdays and weekends; and that Black Angus would be occupied during nighttime and weekends. Commissioner Stracker asked for clarification of the ICU counts at East and E1 Camino Real regarding the right turn provisions. Mr. Gibson clarified that while the traffic was turning left (south) into the center from E1 Camino Real, the traffic exiting the center onto E1 Camino could have a right turn lane and signal Planning Commission Minutes September 13, 1993 Page 8 at the same time thereby affecting the intersection capacity utilization (ICU) counts. Commissioner Stracker stated that he was concerned with the left turn from Jamboree onto E1 Camino Real; that he has observed up to 20 vehicles queuing at one time; and that this area needs to be addressed with the six (6) month study; and appreciated the recommendation as to the closure of driveways. Mr. Gibson stated that staff has timed the signals to alleviate the problem. The Public Hearing was closed at 8:16 p.m. Staff commented that the six (6) month study was not intended to address the issue of E1 Camino Real and Jamboree; that the Public Works Department in conjunction with the County of Orange Measure M project will widen Jamboree from the I-5 Freeway to Irvine Blvd., will be installing an exclusive right-turn onto the southbound freeway, and will be increasing the storage capacity of the left- turn pocket to accommodate 1000 vehicles per hour. Commissioner Stracker requested being kept up-to-date regarding the Irvine area. The Director noted that the area to the east of Jamboree and north of the I-5 Freeway was part of the County unincorporated area; that there was a proposal for the County of Orange to develop a specific plan to develop a commercial area; that south of the I-5 Freeway in the City of Irvine, there is a zoning ordinance amendment to accommodate approximately three (3) million square feet of floor area; that they have identified multiple transportation circulation issues related to the improvements including the General Plan designation for the overcrossing of Myford Avenue; and will keep the Commission apprised. Commissioner Butler asked the hours of In-and-Out Burger, and noted that they would have to share their parking with Black Angus. The Director stated that the hours of operation are not regulated, but could be 11 a.m. to 1 a.m.; and that the building has been reoriented to the south facing IKEA. Commission Butler asked if the main access road would remain or if it could be restriped into parking. Staff replied that the access road is designed as circulation for the center. Commissioner Butler asked if the sign code amendment would affect the East Tustin Specific Plan or just the Market Place. Staff replied that it would only affect the Market Place. Commissioner Butler suggested directional striping to ease customers' frustration when exiting; and asked if the block wall could be removed for ease of exiting at Beacon Bay. Commissioner Kasalek commented that directional signs were helpful. Staff replied that there would be an exit only onto Myford. Commissioner Butler stated that the Irvine Company should be commended for assisting with accessibility. Planning Commission Minutes September 13, 1993 Page 9 The Director suggested adding additional language to Condition 1.2. B of Exhibit B, as moved. Commissioner Butler asked the applicant if it would be a major expense to restripe. The Public Hearing was opened at 8:32 p.m. Mr. Barker clarified that the bollards are only blocking the first access to the parking lot off of the entry, not limiting the number of exits in the center. The Director commented that the subject issues were the wall adjacent to the car wash and the access location and driveway loop near the In-and-Out Burger and Black Angus; that the suggestion was for pavement markers to assist the drivers needing to turn left near In-and-Out Burger. Mr. Barker agreed with the Director's statement. Mr. Gibson commented that he has designed 250 centers and that less directional signage was more helpful. Commissioner Butler stated that he considered two signs at most. The Public Hearing was closed at 7:35 p.m. Commissioner Weil commented that the signage is appropriate for the size of the building; that staff has done a nice job with the report and it is a nice project. Commissioner Baker commented that it is nice to be successful. Commissioner Kasalek commented that she appreciated the traffic study and mitigation measures being put in place to alleviate the traffic problems. Commissioner Stracker commented that it was fantastic that the Irvine Company has answered the City's concerns. Commissioner Stracker moved, Weil seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3173. Motion carried 5-0. Commissioner Stracker moved, Weil seconded, to approve Design Review 93-005 by adopting Resolution 3174, subject to conditions contained in Exhibits A and B revised as follows: Exhibit B, Page 1, Item 1.2.B to add language for the last sentence to read, "The property owner shall also provide a plan for additional pavement markings directing vehicles to exit locations on East Drive and West Drive, subject to the approval of the Community Development Department and Traffic Engineer". Exhibit B, Page 1, Item 1.2.C to add language for the following to read, "Signage for Taco Bell and In-N-Out Burger access should lead traffic to the second drive aisle and then to the individual pads, subject to the approval of the Community Development Department. Exhibit B, Pages 2 and 3, Item 1.2.E.3 will read as follows: "Within 6 months from the date of issuance of the Certificate of Occupancy for Black Angus, the Public Works Department will require the property owner to conduct a traffic analysis, at their cost, of West Drive, south of E1 Camino Real to determine the effectiveness of E1 and E2, above and to evaluate the need for the following Tl~'l I iii --' 'T ..... Planning Commission Minutes September 13, 1993 Page 10 permanent improvements: Close the first drive aisle to the parking area at West Drive south of E1 Camino Real using a permanent concrete curb. The parking spaces in the parking area south of E1 Camino Real and east of West Drive should be reconfigured. In addition, to improve stacking provisions and hence the circulation, an additional lane shall be provided along West Drive at E1 Camino Real by widening and restriping West Drive to have two outbound lanes at the approach until the second drive aisle. In addition, in order to minimize conflicts, the traffic analysis shall also include a review of on-site circulation directly in front of Home Depot, including loading congestion, pedestrian safety and alternative methods of loading and on-site circulation. Said analysis and report shall be subject to review and approval by the Public Works Department. If the approved report indicates the improvements are necessary, then the property owner shall be required to construct the improvements within 90 days after direction to do so and upon issuance by the City of all necessary permits" Motion carried 5-0. Commissioner Stracker moved, Weil seconded, to approve Conditional Use Permit 93-028 by adopting Resolution No. 3175, subject to conditions contained in Exhibit A, as submitted. Motion carried 5-0. OLD BUSINESS: 7. Short Driveways, East Tustin Specific Plan Recommendation - Pleasure of the Commission. Presentation: Dan Fox, Senior Planner A discussion was held between the Commissioners and staff regarding the problems associated with short driveways, with the following items highlighted: The Director indicated that: 25% of the garages are being used for storage; that there is a prevalent problem of enforcement; that the traffic engineer is working with the associations; that the Police Department provides technical assistance; and would be sensitive and careful when looking at individual projects. The Commission indicated that: Surveillance is expensive for the Associations; 3-4 bedroom houses have many teenagers with many visitors who may not comply with association rules; that a 9 foot driveway with a 5 foot sidewalk becomes a 14 foot driveway; that the Police Department cannot respond on private streets; that the Planning Commission was not given the benefit of the 1986 information in the past; they do not want a project where the majority of the driveways are between 3 and 9 feet; that overlapping the sidewalks was similar in effect to pulling out an engine in a driveway and hampers pedestrian safety; and they do not want the Planning Commission to approve projects that become problems in the future. Mr. Michael LeBlanc stated that the project coming before the Commission has less than 6% close to the mid-size range; that they will be sensitive to the issue. Commissioner Butler moved, Weil seconded, to receive and file this report and through the design review process to encourage that nine foot driveways be minimized. Motion carried 5-0. Planning Commission Minutes September 13, 1993 Page 11 8. Soil Remediation Projects - Ground Water Cleanup Proqram Recommendation -Receive and File Commissioner Baker asked if all potential problem sites had been identified; and asked about the status of the problem at E1 Toro. Staff replied that all sites had been identified by the Orange County Health Department, but that soil remediation programs had not been seen through a Temporary or Conditional Use Permit process for all sites; and that they had not received information as to actions that would be necessary regarding problems at E1 Toro. The Director noted that some sites are in non-compliance; and that the Orange County Health Department is the regulatory agent. Commissioner Butler asked if the County of Orange could supply a map identifying problem sites. Staff replied negatively, but that the City could plot the locations from available maps; and commented that there is a state court case that has determined that damages extending to your property from a problem area are the responsibility of the originating property owner. Commissioner Baker moved, Well seconded, to receive and file this report. Motion carried 5-0. NEW BUSINESS: 9. Desiqn Review 93-018 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DONAHUE SCHRIBER 2777 EL CAMINO REAL TUSTIN, CALIFORNIA 92680 TUSTIN MARKET PLACE, NORTH ENTERTAINMENT VILLAGE PCMU (PLANNED COMMUNITY MIXED USE) CATEGORICALLY EXEMPT (CLASS 3) SECTION 15303 TO LOCATE FOUR PUSHCARTS IN THE NORTH ENTERTAINMENT VILLAGE AREA OF THE TUSTIN MARKET PLACE Recommendation - It is recommended that the Planning Commission approve Design Review 93-018 by adopting Resolution No. 3193 as submitted or revised. Presentation: Dan Fox, Senior Planner Commissioner Kasalek asked what is done with carts at night at Fashion Island. Staff replied that they are tented and have had no problems with roving security; and that the carts have durable lockable cabinets for storage. Commissioner Stracker asked who owns the carts. Staff replied that Donahue Schriber owns the carts and leases them on a monthly basis; and that they are required to have individual business licenses. Commissioner Kasalek asked if the colors were compatible with the Market Place. Planning Commission Minutes September 13, 1993 Page 12 Staff replied that they are using the same colors as Fashion Island; and would be somewhat different, but would provide variation. Commissioner Weil was concerned with the amount of carts con- sidering the amount of people frequenting that area; that they should begin with 1 or 2 carts; that Fashion Island has wider paths and no movie theater in the area of the carts; that security at the Market Place was limited; that people are in the area until 1:00 a.m.; and that they should not become an attractive nuisance. Commissioner Kasalek asked if they should store the carts inside in the beginning or wait until a problem develops. Staff replied that the first option was to store the carts inside now, and the second option requires they be stored inside after complaints of graffiti or vandalism. Commissioner Baker commented that he was impressed with the carts in the Boston area; that he was concerned about congestion, but may need to be judicious with the locations; and was concerned that the carts could be removed at night on a flat bed truck. Commissioner Weil stated that if they start small, they might not be a detriment to the charming ambiance of the area. Commissioner Butler asked for clarification of the interim regu- lations ordinance passed by the City Council; and if push carts would be allowed without the adopted ordinance. Staff replied that an interim ordinance was put into effect due to the vendors leaving Santa Aha; and affirmed that push carts would be allowed to sell on neighborhood streets, otherwise. Commissioner Stracker asked if the Fire Department had any concerns. Staff replied negatively. Ms. Olive Zdrahal, 2777 E1 Camino Real, Tustin, representing Donahue Schriber stated that they are in favor of Option 2; that there are no on-site storage areas available; that the closest storage area was Chick's Sporting Goods; that they would like to evaluate the success of the program while the carts are on site; that the maroon colored canvas was also used on the teak umbrellas in the area; that they have closely evaluated the spacing of four (4) carts; that they would not be reducing the number of tables or chairs; that one or two carts would seem like an afterthought and would like to begin with four to create the effective mass and energy needed for a cart program; that the carts are covered with heavy weather-proofed canvas; that there are guards in truck and foot patrols. Commissioner Kasalek asked if the applicant was concerned about the carts being towed. Ms. Zdrahal replied that the palm trees would hamper any effort to remove the carts. Commissioner Butler commented that the movie lets out after the operating hours. Ms. Zdrahal replied that they requested a time extension, but would abide by the centers operating hours. Planning Commission Minutes September 13, 1993 Page 13 Staff replied that they cannot vary from the Ordinance, but they are in the process of revising it. The Director stated that the time has not been imposed as a condition of approval and would have the ability to change as the Ordinance provisions change. Staff stated that they did not want to create a non-conforming situation or require the applicant to revise conditions. Commissioner Baker asked if there would be individual vendors in each cart. Ms. Zdrahal replied that the carts would be on a month-to-month lease, but the agreement requires them to obtain a business license. Commissioner Weil asked if they were screened for competing with other businesses in the center. Ms. Zdrahal affirmed, and noted that they will pay close attention to the merchandise on the carts. Commissioner Stracker asked if a food cart would be allowed; and who was responsible for area upkeep. Ms. Zdrahal replied that a food cart would probably not be allowed at this time, but possibly a hot dog or coffee cart would be allowed in the future; that there is a porter assigned until midnight, but the cart owners are required to pay $10-20 per week for upkeep of the area; and that they must stock before and after hours and must maintain the area around their carts. Commissioner Weil asked if they would be requesting additional carts in the future; and if Ms. Zdrahal had been present in the area in the evening. Ms. Zdrahal replied that they felt that the area would not be able to handle additional carts; and that she has been present in the evening, as she managed the center for two and one-half years. Commissioner Stracker asked where the merchandise would come from; if owners would be hawking their goods; and if merchandise would be allowed outside of the carts. Ms. Zdrahal replied that most merchandise is manufactured, not hand-made; that they try diligently to discourage solicitation; that they generally have one employee; professionalism is stressed; that they are trying to follow the Fashion Island cart program; the manager of the center is responsible for overseeing of the carts; and that the merchandise must be kept within the confines of the cart. Commissioner Kasalek noted that the idea will add character to the area; that more carts might slow people down in the area. Commissioner Weil noted that the diagram does not indicate the tables and chairs. Commissioner Butler stated that he was unsure if four carts would be needed to create success; that they may take business away from existing businesses; and suggested restrictions be made to limit competing merchandise and food products. Planning Commission Minutes September 13, 1993 Page 14 The Director reminded the Commission of the Ordinance action regarding the restriction of agriculture products; that temporary stands provide competition to the vendors and markets; that it is difficult to control competition on a discretionary level; that to isolate a competitive reason as to why a business should be denied an opportunity at the disadvantage of another existing business goes beyond the philosophy of land use regulations. Lois Bobak, City Attorney, agreed with the Director. Commissioner Kasalek stated that Donahue Schriber would be more concerned about the competition than the Commission. The Director stated that downtown areas experiencing a healthy level of activity have these types of carts creating pedestrian orientation desirable to clients; that retailers need this type of environment; that to avoid the applicant coming back through the design review requirements, the Commission could require the applicant to request in writing the two additional carts after six (6) months for the Commission to decide at a regular meeting. Commissioner Baker considered that the staff's recommendation of four (4) carts was satisfactory; that if it is too crowded, the customers and tenants will inform the owners instead of the Commission regulating the center with legislation. Commissioner Kasalek stated that the carts are not massive and agreed that 1-2 carts would look inappropriate; and that four (4) would be fine, but not more. Commissioner Weil stated that the reason there is so much ambiance at the Market Place is due to not being overcrowded with stores or people; and suggested two (2) carts maximum. The Director clarified that if there is not majority support for four (4) carts, a condition could be created to indicate that within six (6) months after commencement of operation with a minimum of two (2) carts the applicant could request in writing that they be allowed the extra two (2) carts. The Commission, without an application or additional design review fee, would be have the ability to approve the request as an agenda item. Commissioner Stracker stated that he did not like to legislate, but felt that there would be a problem with four (4) carts; that two (2) would be good now, but should consider three or four (3 or 4) in the future. Ms. Zdrahal stated that she understood the Commission's concerns, but was concerned about starting with two (2); that they are attempting to keep the Market Place in competition with other retail centers; that they do not feel they can measure the program's success with two (2) and would request a minimum of three (3) and come back later for an additional cart. Another option would be to put the carts out and have the Commission determine if there was a problem. Commissioner Kasalek stated that Donahue Schriber would be the first to determine if there is a problem with theft or congestion; that she would approve three (3) if necessary; and that a lot of people are waiting around for the movie. Commissioner Baker stated that the carts in Boston create a dynamic area. Planning Commission Minutes September 13, 1993 Page 15 Commissioner Weil stated that she felt that the area would seem claustrophobic and would feel better with a bit of space, which is what she likes about the area now. The Director stated that the Design Review action is appealable to the City Council within seven (7) days. Commissioner Weil moved, Butler seconded, to approve Design Review 93-018, by adopting Resolution No. 3193 revised as follows: Exhibit A, Page 1, Item 1.6 changed to read, "A maximum of two pushcarts shall be permitted. The location of the pushcarts shall be limited to the Village Center Court of the North Entertainment Village" Exhibit A, Page 2, add Item 1.9 to read, "In the event of a tampering or attractiveness complaint regarding the pushcarts and when written notice is provided by the Department of Community Development, the pushcarts shall be stored in a tenant space or storage area, or the pushcarts shall be removed until such time that indoor storage in the Tustin Market Place is made available for the pushcarts when not in use" Motion carried 3-2. Commissioners Kasalek and Baker opposed. STAFF CONCERNS: 10. Report on actions taken at September 7, 1993 City Council meetinq. Staff reported on the subject agenda. Commissioner Weil stated that she was pleased to see the roofing criteria changed to Class B. The Director invited the Commissioners to attend the Community Redevelopment Agency workshop meeting with David Rosen presenting Comprehensive Affordable Housing Strategy, to be held at 5:30 p.m. on September 20th, in the Council Chambers. Commissioner Stracker noted that he would be out of town on the 20th and 21st and would not be able to attend the Redevelopment workshop or the Base Task Force meeting. The Director reviewed the purpose of the General Plan and noted that this years goal was to have it adopted before the Christmas holidays. The Director reminded the Commissioners of the Tuesday, September 21, Tustin Base Closure Task Force meeting, to be held at the Senior Center at 4:00 p.m. This meeting is open to the public. Commissioner Butler requested a copy of the McKinney Act information concerning homeless issues which had been distributed to the Task Force members for the September 21 meeting. COMmiSSION CONCERNS: Commissioner Butler - None Commissioner Baker - None Planning Commission Minutes September 13, 1993 Page 16 Commissioner Weil - Noted that the weeds on the Grienke lot at E1 Camino and Newport are very high. Staff will report for weed abatement action. - Asked for a Train Station update. Staff reported that the Kempfer site was preferred and staff is discussing the issue with the property owner. Staff reported that three grants have been applied for to assist the City in obtaining funds through transit system management project discretionary funds allowed under Assembly Bill 2766. - Concerned about an item which came up at the City Council meeting and the public concern about the types of mail boxes permitted by the post office. Staff advised that the Community Development Department would continue to research the matter and request further clarification from the Postmaster. A memo is to be drafted to the Postmaster, requesting his comments in writing. Commissioner Stracker - Noticed that on this past Saturday, sprinklers remained on during the hours of 8:45 a.m. to 10:15 a.m. at the median along Tustin Ranch Road. Staff will investigate and correct if needed. - Reported a construction sign remaining at Pasadena and McFadden which he feels is a road hazard. Staff will investigate and have removed. - Inquired about the progress of K-Mart and when it was to open. Staff responded that K-Mart is now putting in the parking lot and hope to open in mid November. Commissioner Kasalek In relation to the parking issue at the Tustin Market Place, asked if anything was being done at the North Village area. Staff commented that the best way to communicate concern with the parking situation was to wait until the remaining pads are to be filled and the circulation issue can be identified at that time. Commented that she had received a call from an attorney in Anaheim concerning the billboard issue on Nisson. She indicated that she had referred the caller to the City attorney for comment. Staff responded that a Notice and Order had been issued and conversation initiated with the City attorney and the billboard operators attorney since there had been some mis- Planning Commission Minutes September 13, 1993 Page 17 representation about the agreement with Cal Trans. The billboard operator wants to appeal the Notice and Order. Staff noted that the appeal does not set aside the provisions of the Order, but both the Director and Lois Bobak, City Attorney, discouraged the Commissioners from talking to anyone about the matter since the Commission will be serving as the Board of Appeals. ADJOURNMENT: Commissioner Weil moved, Butler seconded,to adjourn the meeting at 10:20 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on September 27, 1993 at 7:00 p.m. at the City Council Chambers, 300 Centennial Way, Tustin. Ma~j0r'Ye~salek 7 ] - - Chairpe rs~n Kathleen Clancy Secretary