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HomeMy WebLinkAboutPC Minutes 09-14-92MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 14t 1992 CALL TO ORDER: 7:02 p.m., Tustin Senior Center PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Absent: Baker, Le Jeune, Kasalek, and Weil Kasparian SEATING OF NEW COMMISSIONERS: Director of Department Commissioners Stracker Community Development swore in new Butler, Kasalek and Commissioner Le Jeune commented on his pleasure of serving on the Planning Commission and complimented staff on their professionalism. 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. 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 August 24, 1992 Planning Commission meeting. Commissioner Weil moved, Kasalek seconded to approve the Consent Calendar with the minutes revised as follows: Page 8, Item 9., second paragraph should read: "Planning Commission unanimously decided to recommend to City Council limitation of commission terms to six years (three 2-year terms) with reappointment possible after a period of two years. Motion carried 3-0. Commissioners Butler and Stracker abstained. Planning Commission Minutes September 14, 1992 Page 2 PUBLIC HEARINGS: 2. Conditional Use Permit 92-030 and Design Review 92-038 APPLICANT OWNER: STEPHEN D. PAQUETTE 10542 GREENBRIER ROAD SANTA ANA, CA 92705 NORMAN FRITZ 15734 NEWTON STREET HACIENDA HEIGHTS, CA 91745 LOCATION: 135 SOUTH PROSPECT AVENUE ZONING: FIRST STREET SPECIFIC PLAN - COMMERCIAL AS A PRIMARY USE ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1. AUTHORIZATION TO EXPAND THE TIRE AND BRAKE REPAIR SERVICE USE OF THE PROPERTY BY CONSTRUCTING NEW SERVICE BAYS; AND, 2. APPROVAL OF THE ARCHITECTURAL DESIGN OF THE PROPOSED NEW BUILDING AND THE SITE PLAN FOR MODIFICATION OF THE PARKING LOT. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 92-030, modifying Conditional Use Permit 91-010, and recommend to the Redevelopment Agency approval of Design Review 92-038 by adopting Resolution No. 3080, as submitted or revised. Presentation: Anne Bonner, Associate Planner The Public Hearing was opened at 7:10 p.m. Stephen Paquette, applicant, stated that the proposed new building will enhance the corner of First Street and Prospect and be more cohesive with the other buildings. Commissioner Baker asked if the applicant would be expecting much additional traffic. Commissioner Stracker asked if the applicant used residential streets for test driving vehicles. Commissioner Weil asked for a clarification replacement; and if he agreed to the conditions. of minor part Mr. Paquette replied that he now averages 17 cars per day and does not expect a significant increase; that they drive the vehicles on First Street, Centennial, Main and back to the tire center along Prospect; that he changes tires, oil changes and brakes, some alternators, etc., but not engines or transmissions; and affirmed that he agreed to the conditions. Greg Bennett, Donley-Bennett Architects, stated that the parking is in compliance; that they will be well below 100 trips per day; that the enhanced parking will allow more flexibility for loading and unloading. Henry Kumagai, owner of adjacent Car Wash, stated that he was concerned with the parking between the two tire service buildings; and that the driveway should be kept clear. Staff replied that the area between buildings are required fire lanes which will be posted. Planning Commission Minutes September 14, 1992 Page 3 Commissioner Baker asked if there was a problem with parking in the 12 foot area next to the proposed building. Staff replied negatively. Mr. Bennett stated that the building has been moved back to allow for ease of circulation. Commissioner Stracker asked if the parking lot standard remains in effect with the irrevocable offer to dedicate. Staff affirmed and clarified that the dimensions are adequate. The Public Hearing was closed at 7:23 p.m. Commissioner Kasalek commended the applicant on his efforts to improve the project. Commissioner Weil moved, Kasalek seconded to approve Conditional Use Permit 92-030, modifying Conditional Use Permit 91-010, and recommend to the Redevelopment Agency approval of Design Review 92- 038 by adopting Resolution No. 3080 revised as follows: Page 2, Add item 3.4 to read: "Red curbing and no-parking signage shall be installed in front of the length of the two service bay buildings." Motion carried 5-0. 3. Conditional Use Permit 92-027 APPLICANTS: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. THOMAS J. TOWLE 13 WEEPINGWOOD IRVINE, CA 92714 FIRST SOUTHERN BAPTIST CHURCH OF TUSTIN 13841 RED HILL AVENUE TUSTIN, CA 92680 13841 RED HILL AVENUE PUBLIC AND INSTITUTIONAL (P&I) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION THE INSTALLATION OF A 32-SQUARE FOOT MONUMENT SIGN, WHICH IS 5'-6" IN HEIGHT, IN THE PUBLIC AND INSTITUTIONAL (P&I) DISTRICT Recommendation-It is recommended that the Planning Commission Adopt Resolution No. 3087 approving Conditional Use Permit 92-027, as submitted or revised. Presentation: Joann Perry, Associate Planner The Public Hearing was opened at 7:32 p.m. Larry Lettow, 189 N. Cobblestone Drive, Orange, church member representing Tom Towle, stated that the auditorium size had been reduced. Commissioner Weil asked how many spaces would be required if project approved. Commissioner Stracker asked about the vehicles parked in the lot to the south and if there was an agreement between the church and U- Planning Commission Minutes September 14, 1992 Page 4 Haul and the car wash; and noted that the alley had extensive damage and asked who was responsible. Mr. Lettow replied that they are required to have 201 spaces; and that most of the vehicles in the south parking area belong to apartment tenants. The Director responded that the alley is city-owned; noted that the southern area of the City is targeted for street and alley improvements when funding is available; and that improvements are made as funding is made available from Community Development Block Grant funds. Commissioner Butler asked how often parking is exceeded. Mr. Lettow replied that there have only been 2-3 occasions since 1973 when they have filled the lot to capacity. Don Saltarelli, adjacent property owner, agreed with the applicant's proposal; stated that he is a good neighbor; and that he is still welcome to utilize the real estate office parking lot without an agreement. Commissioner Baker asked if two access points would remain. Staff replied that there would still be the same amount of access points, but the new one on Red Hill is more accessible. The Public Hearing was closed at 7:37 p.m. Commissioner Stracker stated that the Commission might look into bonding for funds for alley improvements. The Director responded that the Public Improvement Ordinance requires such bonding in conjunction with the building permit; off- site improvements by the Public Works Department would not trigger the requirement for bonding; and that the Commission has discretion to impose conditions on the matter. The Public Hearing was re-opened at 7:40 p.m. Commissioner Kasalek asked if much alley traffic was expected. Mr. Lettow replied that most of the traffic is due to the apartments, car wash and U-Haul; that it is used on Sundays by the church, but closing the gate should reduce church traffic. Staff noted that the alleyway is also a rear emergency access for the high school and other users. Commissioner Baker asked if staff had a timeframe for improvements. The Director responded that the City's projects are ranked through- out the County for the Community Development Block Grant Program; that last year's allotment was less than $80,000; and that the City may become an entitlement city in fiscal year 1993-94 with a population of greater than 50,000. The Public Hearing was closed at 7:42 p.m. Commissioner Baker suggested having further discussions regarding bonding for alleyway improvement; and noted that now 200 cars will be exiting onto Red Hill from the church. Planning Commission Minutes September 14, 1992 Page 5 Commissioner Kasalek noted that there are currently only 100 cars and that they do not leave at the same time. Commissioner Butler stated that there are still 3 accesses; and asked if the old curb would have obvious notification and suggested more landscaping to cover the old curb area. Staff replied that the church will continue the landscaping to make it apparent that it is no longer an access point; and noted that Sunday has the least amount of traffic on Red Hill. Commissioner Weil suggested that the church be given the option to require right-hand turning if a problem arises. Commissioner Weil moved, Butler seconded to adopt Resolution No. 3087 approving Conditional Use Permit 92-027, as submitted. Motion carried 5-0. Conditional Use Permit 92-022 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE IRVINE COMPANY PO BOX I NEWPORT BEACH, CA 92658-8904 TUSTIN RANCH PROJECT AREA PC - EAST TUSTIN SPECIFIC PLAN THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) SECTION 15311 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO AMEND THE MASTER SIGN PROGRAM FOR THE TUSTIN RANCH PROJECT AREA PROVIDING FOR THE PLACEMENT OF FLAGS AT APARTMENT COMPLEXES Recommendation- It is recommended that the Planning Commission approve a modification to Conditional Use Permit 92-022 by adopting Resolution No. 3081, as submitted or revised. Presentation: Anne Bonner, Associate Planner Commissioner Weil asked for a clarification of the effect of this proposal on other apartments in the City. Staff replied that as directed by the Commission, staff is taking inventory of the type of properties that may be affected by a city- wide flag proposal; and that staff would be coming back sometime in the future with a Sign Code amendment. Commissioner Butler asked if any adverse comments had been received. Staff replied negatively. The Public Hearing was opened at 7:49 p.m. Susan Dyer, Director of Asset Management with the Irvine Company, introduced herself as available for questions. The Public Hearing was closed at 7:50 p.m. Commissioner Butler asked if a fine could be incorporated if there was a deviation from the Sign Code allowances. Staff replied that a bail schedule is in place. Planning Commission Minutes September 14, 1992 Page 6 Commissioner Kasalek suggested putting the language of Item 2.1, Exhibit A into the Sign Code amendment, regarding pole removal. Commissioner Kasalek moved, Weil seconded to approve a modification to Conditional Use Permit 92-022 by adopting Resolution No. 3081 as submitted. Motion carried 5-0. 5. Variance 92-006 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JOSEPH AND DARLENE ALFUSO 17931 LUCERO WAY TUSTIN, CA 92680 17931 LUCERO WAY SINGLE FAMILY RESIDENTIAL (R-l) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1), SECTION 15301, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO PERMIT A SECOND STORY RESIDENTIAL ADDITION CONSTRUCTED OVER AN EXISTING GARAGE TO ENCROACH FIVE FEET INTO THE REQUIRED 20 FOOT MINIMUM FRONT YARD SETBACK Recommendation -Pleasure of the Commission. Presentation: Becky Stone, Assistant Planner The Public Hearing was opened at 7:55 p.m. Commissioner Weil commented that it was a nice project. Commissioner Stracker asked what reaction was received from the neighbors. Joseph Alfuso, applicant, stated that a good response was received from the neighbors within a 300 foot radius; that they are concerned that the property values increase; that the neighbors directly behind their property requested no windows looking down onto their property, which the applicant has complied with. Commissioner Butler suggested installing windows in the garage to make the house look completed. Mr. Alfuso replied that that suggestion had been made, but that they intend to have a large Bougainvillea bush in that area to break up the mass of wall. Commissioner Stracker asked what was hanging off the side of the front elevation. Mr. Alfuso replied that it was an extension of the roof line. Mr. Spitz spoke in favor of the applicant; stated that the addition will enhance the property values; and that the Alfusos have been considerate of the neighbors. Judy Sutliff, 17962 Theodora Drive, was concerned about this project setting a precedent; and if the addition was over the garage and to the back of the building. Staff responded that the development standards allow for two-story homes up to 35 feet high; that the application is regarding the front yard setback; and that the addition is only over this project; and that it will enhance the neighborhood. Planning Commission Minutes September 14, 1992 Page 7 Commissioner Stracker stated that trees will adequately screen the improvements. Commissioner Weil agreed that there are special circumstances and no special privileges had been granted. Commissioner Kasalek moved, Weil seconded to adopt Resolution No. 3086A approving Variance 92-006 authorizing the construction of a second story residential addition over an existing garage that would encroach five feet into the required 20 feet front yard setback on an R-1 lot. Motion carried 5-0. 6. Vesting Tentative Tract Map 14585 and Desiqn Review 91-045 APPLICANT/ LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECREACTION GROUP OF COMPANIES (RGC) 20 CORPORATE PLAZA NEWPORT BEACH, CA 92660 LOTS 18 AND BB OF TRACT 12870 PLANNED COMMUNITY, MEDIUM HIGH DENSITY RESIDENTIAL- EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. 1. AUTHORIZATION TO CREATE FORTY-THREE (43) NUMBERED AND TWENTY-FOUR (24) LETTERED LOTS FOR CONDOMINIUM PURPOSES TO ACCOMMODATE 214 CONDOMINIUM DWELLING UNITS. 2. APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT. Recommendation -It is recommended that the Planning Commission take the following actions: 1.Approve the Environmental Determination for the project by adopting Resolution No. 3083 2.Recommend City Council approval of Vesting Tentative Tract Map 14585 by adopting Resolution No. 3084, as submitted or revised; and 3.Approve Design Review 91-045 by adopting Resolution No. 3085, as submitted or revised. Presentation: Joann Perry, Associate Planner Staff made changes to Condition 1.5 of Page 2 of Exhibit A of Resolution No. 3084, as moved. Commissioner Stracker suggested that Item 8.2 D on Page 15 of Exhibit A of Resolution No. 3084 should state 1972, not 1982. Staff made changes, as moved. Commissioner Butler asked about the additional density. Staff replied that a maximum number of dwelling units are allowed by the East Tustin Specific Plan (ETSP), monitored by staff; that there is an ability to transfer units to different projects, with no requests at this time; that school sites purchased may not be used; and that the area is well under the density proposed. Commissioner Weil suggested striking the reference to requirement of only 107 spaces, as the homeowners association might reduce the proposed amount to the required amount; and suggested that the Commission consider eliminating the requirement of leaving pedestrian gates unlocked to allow for greater security. Planning Commission Minutes September 14, 1992 Page 8 Staff replied that the project is only required to provide 107 spaces; and that the association can reduce parking by eliminating spaces which might not be located in the best locations. The Director replied that the unlocked gate requirement was mandated by the City Council; that language could be included in the proposal stating "if required by City Council;" and that a letter could be drafted to the City Council suggesting that the gates be allowed to be locked; and that a Knox box would be provided for emergency access. Commissioner Kasalek was in agreement with Commissioner Weil. Commissioner Baker stated that the associations would still have the capacity to lock the gates or leave them unlocked. Commissioner Weil noted a typographical error in Item 3.10 on Page 4 of Resolution No. 3085. Staff made changes, as moved. Commissioner Stracker asked if the placement of the recreation area at the front of the project had been reviewed by the Police Department; and if there would be a lifeguard. Staff affirmed; and noted that the Police Department considers the front of the project to be the best location for visibility, access, and surveillance; that it is intended residents walk to the recreation area and that there are only a few parking spaces. The Director replied that there is no requirement for a lifeguard as signage is posted for children to be accompanied by an adult. The Public Hearing was opened at 8:27 p.m. Commissioner Butler asked the applicant about parking. Patrick Brown, representing Recreaction Group of Companies, stated that the residents can park close to their houses and guests may park on-street or in guest spaces; that considering the proximity to the park, they would appreciate being able to lock gates at night; and noted that the staff has been cooperative and helpful. Commissioner Kasalek asked for a clarification of the putting green shown on the plans. Mr. Brown replied that the putting green is for the model homes which do not face the golf course; that it is actually for view only, not use. Commissioner Stracker asked if adequate provisions had been made for protection from golf balls; and if there have been any complaints. Mr. Brown stated that the fence facing the golf course meets all criteria; and that the people have been noticed of the golf course easement. Staff responded that the golf ball easement now extends throughout the tract; and that complaints have been received from developers during construction; but that the department has not received any other complaints from homeowners. Commissioner Weil complimented the developer for its "user- friendly" projects. Planning Commission Minutes September 14, 1992 Page 9 The Public Hearing was closed at 8:33 p.m. Commissioner Kasalek approved of the lower density of the project. Staff provided a modification to have City Council consider use of locking devices on gates, as moved. Commissioner Weil moved, Butler seconded to recommend City Council reconsider policy regarding locks in gated communities. Motion carried 5-0. Commissioner Weil moved, Kasalek seconded to approve the Environmental Determination for the project by adopting Resolution No. 3083 as submitted. Motion carried 5-0. Commissioner Kasalek moved, Weil seconded to recommend City Council approval of Vesting Tentative Tract Map 14585 by adopting Resolution No. 3084 revised as follows: Exhibit A, Page 2, Item 1.5, A: delete the last sentence of paragraph "Terminal sewer manholes shall be provided at property line, plus master water metering at the entryway." Page 11, Item 7.1, F, 4: by City Council." at end of sentence add: ", as required Page 15, Item 8.2, B: change "1982" to "1972" Page 16, Item 9.4 delete the phrase "rough grading permits and" Item 9.4, G, delete "rough grading" and insert "foundation" Motion carried 5-0. Commissioner Butler moved, Weil seconded to approve Design Review 91-045 by adopting Resolution No. 3085 revised as follows: Exhibit A, Page 4, Item 3.10, A, first line, change "side" to "wide" Motion carried 5-0. 7. Vesting Tentative Tract MaD 14669 and Desiqn Review 92-032 APPLICANT: LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CALIFORNIA PACIFIC HOMES 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 BAYCREST DEVELOPMENT COMPANY 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOTS 8, MM, NN, HHH, III, AND JJJ OF TRACT 12870 MEDIUM DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. 1. AUTHORIZATION TO CREATE 69 NUMBERED AND 26 LETTERED LOTS TO ACCOMMODATE THE DEVELOPMENT OF 69 SINGLE FAMILY RESIDENTIAL UNITS. 2. APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT. Recommendation -It is recommended that the Planning Commission take the following actions: 1.Approve the Environmental Determination Planning Commission Minutes September 14, 1992 Page 10 for the project by adopting Resolution No. 3077; 2.Recommend City Council approval of Vesting Tentative Tract Map 14669 by adopting Resolution No. 3078, as submitted or revised; and 3.Approve Design Review 92-032 by adopting Resolution No. 3079, as submitted or revised. Presentation: Anne Bonner, Associate Planner Staff made a change to the staff report on Page 2, Paragraph 1, by changing 26 lettered lots to 20; and changing the last paragraph of page 3 to Item 2.2 from 1.7. Commissioner Kasalek asked if there was an emergency access to the project; and asked for a clarification of "barrier free access." Staff replied negatively and noted that the Orange County Fire Department requires a second access for projects over 100 units; and that barrier free access refers to handicapped access. Commissioner Baker asked which lots a variance was requested for. Staff replied that the Community Development Director may grant approval for a variance through the ETSP; and that the lots indicated were 42, 46, 56, and 57. Commissioner Stracker indicated that Item 8.2 of Page 13 of Exhibit A of Resolution No. 3078 should refer to 1972, not 1982; and when the last layer of asphalt would be installed. Staff changed, as moved; and that the final overlay would be installed with the final phase. Commissioner Weil asked for a history of this subdivision; and if it is gated. Staff replied that this tract was seen once by the Commission, but was combined with another lot; that it has since been split and the new lot requires a new tract number; that the actual configuration had been previously approved; and that Township Drive is gated, but the individual tract is not. The Public Hearing was opened at 8:52 p.m. Bill Moorhous, Director of Project Management, California Pacific Homes, stated that this was approved 3-4 years ago, almost identic- ally to this evening's presentation; that they are in agreement with all conditions; and requested deletion of Item 2.2 of Exhibit A of Resolution 3078 requiring a paseo link. The Director noted that the paseo should not be eliminated since the EIR for the East Tustin Specific Plan encourages paseos. However, the applicant may require that access gates be locked, if such a modification to City Council policy is approved. Commissioner Weil commented that the project needs an opening which could be a lockable security gate; that an easier access should be available for pedestrians and people using public access. Mr. Moorhous replied that lockable gates would be less objectionable. Commissioner Stracker asked if there was a detail of the paseo. Staff replied that it was not provided on the drawings, but that it would be filed at the plan check process. Planning Commission Minutes September 14, 1992 Page 11 Commissioner Butler asked if the Specific Plan would be jeopardized if there is no access; and why is the paseo required if it is assumed that the gate will be locked. The Director replied that the EIR includes a mitigation measure for paseos and pedestrian linkage; and that the intent is to allow access for the residents to community facilities in the vicinity; that the issue to lock or not lock was a decision of the City Council; that the Community Development Department has never opposed to locking the community gates. Commissioner Baker stated that the paseo was to encourage people to walk, and ride bikes through the developments. The Public Hearing was closed at 9:02 p.m. Commissioner Kasalek approved of the lower density and wider streets. Commissioner Stracker agreed with Commissioner Kasalek. Commissioner Weil asked if language needed to be added to Item 2.2 for clarification. The Director replied negatively, as the requirement was for a paseo, but it did not require it to be locked. Commissioner Stracker moved, Kasalek seconded to approve the Environmental Determination for the project by adopting Resolution No. 3077 as submitted. Motion carried 5-0. Commissioner Weil moved, Stracker seconded to recommend City Council approval of Vesting Tentative Tract Map 14669 by adopting Resolution No. 3078 revised as follows: Exhibit A, Page 13, Item 8.2, B, change "1982" to "1972" Motion carried 5-0. Commissioner Butler moved, Weil seconded to approve Design Review 92-032 by adopting Resolution No. 3079 as submitted. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: 8. Status Report On Commuter Rail Project Recommendation - Receive and file. Staff reported on the subject report. A discussion was held by the Planning Commission regarding the Commuter Rail Project. The main issues that the Plan proposes are: that a second track between Fullerton and Mission Viejo be added; this would create more trains and double tracks; 20 Intercity Rail Amtrak Trains; 4 freight trains with no stops in Tustin; 18 Commuter Rail/LOSSAN (Los Angeles/ San Diego) OCTA trains with a potential stop in Tustin; and 12 Riverside/Orange County commuter rail/OCTA trains with a potential stop in Tustin; Planning Commission Minutes September 14, 1992 Page 12 the major impact will be on Red Hill; feasibility of underpass/overpass is being studied; Newport Avenue extension could mitigate traffic, but is dependent upon new development in Pacific Center East; A potential train stop location is being studied in the vicinity of Jamboree and Edinger which would mitigate future traffic problems; fiscal constraints would be biggest problem since initial construction would be funded through Proposition 116, but maintenance of $150,000 per year would not; funds would not be generated, but possible parking fees could be collected; and a new station could become a catalyst for future economic development activities. Commissioner Weil moved, Kasalek seconded to receive and file. 9. Sign Code Exception 92-001 Amendment Recommendation - It is recommended that the Planning Commission approve the amendment to Sign Code Exception 92-001 by adopting Resolution No. 3082, as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Weil asked how the change in right-of-way requirement would affect businesses that have complied with dedication. Staff replied that between E1 Camino and San Juan the necessary improvements can be made with the existing width, and no additional right-of-way would be required; and the property owners in the area would be relieved of the obligation. Commissioner Baker asked about the status of the Mobil station. Staff replied that they would investigate whether the Mobil station was affected and that the Church on Red Hill was not affected. Commissioner Weil moved, Kasalek seconded to approve the amendment to Sign Code Exception 92-001 by adopting Resolution No. 3082 as submitted. Motion carried 5-0. 10. Temporary Sign Permit (Chevron) APPLICANT: JOHN YEGENIAN 14082 RED HILL AVENUE TUSTIN, CA 92680 APPLICANT'S REPRESENTATIVE: CHEVRON U.S.A, INC. P.O. BOX 2833 LA HABRA, CA 90632 PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: EXXON CORP P.O. BOX 53 HOUSTON, TEXAS 77001 14082 RED HILL AVENUE COMMERCIAL RETAIL (C-l) DISTRICT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO SECTION 15311 (CLASS 11) TO ALLOW THE DISPLAY OF STRING PENNANTS FOR A TIME PERIOD OF THIRTY (30) DAYS. Recommendation - Pleasure of the Planning Commission. Planning Commission Minutes September 14, 1992 Page 13 Presentation: Joann Perry, Associate Planner Commissioner Baker noted that a number of Chevron stations in the City were upgrading and feared that the flags would be waving from each station. Staff commented that they have a good working relation with Chevron. Commissioner Kasalek asked if staff had spoken to Chevron regarding the flags. Staff stated that Chevron wanted to present this item before the Commission; that when one business installs pennant flags, it sets a precedent for other businesses; and that the City trusts that Chevron would police the flags, but other businesses that would install them may not. Commissioner Weil asked the height of the poles. Commissioner Baker asked if it would be a problem having Chevron displayed on each flag; and if they would be a nuisance to pedestrians. Staff replied that they were six (6) feet high; that the flags could be approved as a temporary banner; and that they would be placed in planters. Commissioner Stracker requested viewing the proposed flags since there are many children walking through the area and they might distract drivers. Staff suggested that the Commission could propose the flags be up for less than one (1) month; that the grand opening would be held over a three (3) day weekend; and that the station proposes to have Rick Dees, a DJ for KIIS, broadcasting and to offer free gasoline for the four (4) hours from 6:00 to 10:00 a.m.; the proposals are being reviewed by staff for impacts on traffic, but there has only been one week notice, and this type of proposal usually requires approximately one (1) month for the paperwork; and that they would like to encourage grand openings, but additional time is required. Commissioner Butler asked if the Commission could restrict Chevron from giving the free gasoline. The Director replied that the Temporary Use Permit was for outside broadcasting which the staff could approve; that the Planning Commission could request the matter be reviewed; that staff is concerned about policing and the impact on traffic. Staff commented that a similar event in Irvine tied up traffic for two (2) miles and the City of Irvine was required to pay for the clean up of trash and traffic; that this is a major traffic pattern for the high school and an on-ramp for the I-5 freeway is located here; and redirection of traffic exiting the station is a major concern. Commissioner Weil asked if the problem has been presented to City Council. The Director replied that they have yet to be briefed on the issue. Commissioner Baker suggested that a bond equal to double of the anticipated expenses be required in advance; and that recession and Planning Commission Minutes September 14, 1992 Page 14 new business reasons can be used for advertisement, but must consider residents. Commissioner Weil stated that this is only a quasi-new business; that she is in favor of the flags versus the pennants, but is concerned about visibility; and that they should be placed in the planter area near the monument sign. Commissioner Baker suggested that this is an advertising gimmick and that the flags should be allowed for 15 days only. Staff replied that conditions regarding location could be imposed. Commissioner Stracker suggested limiting the amount to six (6) only; and asked if children could gain access to the poles. Staff replied that the Sign Code allows five (5); that there is a temporary footing mechanism keeping the poles in place; and that shop owners usually store the flags in the evening. Commissioner Kasalek suggested that string pennants not be approved, and that the number should be limited to eight (8) and the time frame should also be limited. Commissioner Butler stated that he was not opposed to the pennants nor the flags, but that 15 days was sufficient; that Chevron should be given the option of flags or pennants; that there are possible vandalism problems; and asked if limiting the timeframe to five (5) days would limit the amount of "infection" in the City. Commissioner Baker asked the height of the monument sign. Staff replied that it was six (6) feet high. Commissioner Weil stated that many businesses do not understand the Sign Code; and that the use of pennants without approval creates policing problems. Commissioner Stracker suggested that the flags should be used with discretion; and that he would like to hear from a Chevron representative. The Director stated that the majority of the Commission supported use of eight (8) decorative flags only for fifteen (15) days, and modified Conditions 1, 2, and 7 of Exhibit B as follows: Condition 1: change twelve (12) to read "eight (8)" and delete the phrase "September 24, 1992 through October 24, 1992 only and shall not be construed as to be approval for any other time period." and insert "15 days from the date flags are posted." Condition 2: delete "as shown on the approved site plan" and insert "in location as approved by staff." Condition 7: delete "(October 24, 1992)" Commissioner Butler asked if bonding would be required. Commissioner Stracker asked if $50 was sufficient to cover the expenses of the grand opening. The Director replied that bonding was related to special events; and that $50 was staff's hourly rate. Planning Commission Minutes September 14, 1992 Page 15 Commissioner Weil moved, Kasalek seconded to deny, by Minute Order, the display of pennant flags and to approve the display of eight (8) decorative flags for fifteen (15) days from the date of installation in a location as approved by Community Development Department. Motion carried 5-0. STAFF CONCERNS: 11. Report on actions taken at September 8, 1992 City Council meeting and September 8, 1992 Redevelopment Agency meeting. Presentation: Christine Shingleton, Assistant City Manager COMMISSION CONCERNS: Commissioner Weil -Referred to Mandevilla project and asked if there is double pick-up for trash structure. Staff is presently exploring this issue. The Finance Director will share this information with the Association representative in a future presentation. -Inquired if Commissioners Le Jeune and Kasparian would be receiving proclamations from the City Council. Staff responded affirmatively. -Asked about the status of the cactus wren suit. Staff noted that court decision was pending. -Noted that the Commissioners should indicate to the clerk any specific information they wish to be sure is in the minutes. -Asked if the Commission could review the First Street Specific Plan. Staff noted that general plan policies would be brought back to the Commission, as a first step in the near future. Commissioner Kasalek -Noted that recycling bins at the Alpha Beta shopping center are gone. Asked if they would be returning. -Inquired about the minutes the City Council received from the Planning Commission's 8-24-92 meeting regarding the sidewalk issue. Staff indicated that they could respond in more detail as directed by the Commission. -Indicated a concern about the widths of sidewalks in the vicinity of schools. Also posted speed limits are not observed. Staff will inform the Public Works and Police Departments of these concerns. Planning Commission Minutes September 14, 1992 Page 16 Commissioner Stracker -Inquired about additional General Plan workshops Staff is currently working on the elements, once complete, they will be brought to the Planning Commission. At this time, the new Commissioners will be brought up to date. Commissioner Baker -Inquired about control of signs posted on utility poles and graffiti. Staff responded about the utility company control of their own signs and noted the City's 72 hour graffiti removal procedure. -Commented on the condition of the railway spur on Edinger. ADJOURNMENT: Commissioner Weil moved, Kasalek seconded to adjourn the meeting at 10:28 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on September 28, 1992 at 7:00 p.m. in the Tustin Senior Center, Tustin. Chairman kathleeh-Clancy Secretary