HomeMy WebLinkAboutPC Minutes 07-27-92MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
JULY 27v 1992
CALL TO ORDER: 7:00 p.m., Tustin Senior Center
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL= Present: Baker, Le Jeune, Kasparian, and Well
Absent: Kasalek
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 on off-agenda items unless authorized
by law).
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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 July 13, 1992 Planning Commission meeting.
Commissioner Le Jeune moved, Weil seconded to approve the Consent
Calendar. Motion carried 3-0. Commissioner Kasparian abstained.
PUBLIC HEARINGS:
2. Conditional Use Permit 92-024
AGENT:
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
CAMP DRESSER & MCKEE, INC.
18881 VON KARMAN, SUITE 650
IRVINE, CALIFORNIA 92715
SMITH INTERNATIONAL, INC.
PO BOX 60068
HOUSTON, TEXAS 77205-0068
PACIFIC BELL
14451 MYFORD ROAD
TUSTIN, CALIFORNIA 92680
14451 MYFORD ROAD
PLANNED COMMUNITY-INDUSTRIAL (PC-IND)
A NEGATIVE DECLARATION HAS BEEN PREPARED IN
ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
TO AUTHORIZE THE INSTALLATION AND OPERATION OF A
GROUNDWATER TREATMENT SYSTEM TO EXTRACT AND TREAT
-i-- 1'- 1- 111 i1: I - 1- 'T ........... ~ ~ · i i
Planning Commission Minutes
July 27, 1992
Page 2
CONTAMINATED GROUNDWATER FROM THE PROPERTY LOCATED
AT 14451 MYFORD ROAD FOR UP TO FIVE YEARS
Recommendation - It is recommended that the Planning Commission:
1. Adopt Resolution No. 3060, certifying the Final Negative
Declaration as adequate for the project; and 2. Adopt Resolution
No. 3061, approving Conditional Use Permit 92-024, subject to
conditions contained in Exhibit A, as submitted or revised.
Presentation: Becky Stone, Assistant Planner
Commissioner Weil asked what contaminants were in the water.
Staff referred the question to the applicant.
Commissioner Kasparian asked about the hazards; and noted that
Exhibit A should be 92-024 instead of 92-018.
Staff affirmed and changed, as moved.
The Public Hearing was opened at 7:07 p.m.
Roqer Johnson, Camp Dresser and McKee, representing Smith
International, stated that the contaminants were typical
chlorinated hydrocarbons; that Silicon Systems is not the source of
contaminants, but from underground storage tanks owned by Tungsten
Carbide Manufacturing, subsidiary of Smith International; and are
now cleaning up contaminants that have seeped onto Silicon Systems
property.
Commissioner Kasparian asked if the water was to be purified for
reuse; and if they would be diluting the remaining water when re-
injecting.
Mr. Johnson replied that they would be extracting the water for
three (3) months; that they will re-inject the purified water back
into the ground; that they will treat approximately 50,000 gallons
per day; and that the purpose of the injection is to flush the soil
and decrease the clean up time.
Commissioner Baker asked if the contaminants would be disposed of.
Mr. Johnson replied that the contaminants would be destroyed
through an incineration process.
The Public Hearing was closed at 7:12 p.m.
Commissioner Weil stated that she was in favor of cleaning up the
area.
Commissioner Le Jeune moved, Weil seconded to adopt Resolution No.
3060 certifying the Final Negative Declaration as adequate for the
project. Motion carried 4-0.
Commissioner Le Jeune moved, Weil seconded to adopt Resolution No.
3061, approving Conditional Use Permit 92-024, subject to
conditions contained in Exhibit A, revised as follows:
Exhibit A, Page 2 through 4, header: delete Conditional Use Permit
92-018 and June 22, 1992, and add Conditional Use Permit 92-024 and
July 27, 1992
Planning Commission Minutes
July 27, 1992
Page 3
3. Conditional Use Permit 92-010
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
BEDFORD PROPERTIES
3002 DOW AVENUE, SUITE 118
TUSTIN, CA. 92680
ATTENTION: STEVE DUNN
JAMBOREE PLAZA
PC-I (PLANNED COMMUNITY - INDUSTRIAL)
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION
15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
APPROVAL OF A MASTER SIGN PROGRAM
Recommendation - It is recommended that the Planning Commission
approve Conditional Use Permit 92-010 by adopting Resolution No.
3064, as submitted or revised.
Presentation: Anne Bonner, Associate Planner
Commissioner Kasparian suggested adding a statement indicating that
the Master Sign Plan is consistent with all applicable provisions
of the Tustin City Sign Code, except as amended herein.
Staff added a statement, as moved.
Commissioner Weil asked if there was more than one (1) project
identification sign; how many banners were in each section; and if
the colors are realistic and if they have been tested elsewhere.
Staff replied that there is a low-level sign parallel with Edinger
and a monument sign; that there are five (5) groupings of flags;
and that the banners have a sharp contrasting image at night.
The Public Hearing was opened at 7:20 p.m.
Steve Dunn, representing Bedford Properties, 3002 Dow Avenue, Suite
220, Tustin, stated that they have used the flags successfully in
other retail centers.
The Public Hearing was closed after the applicant finished
speaking.
Commissioner Baker asked how the height compares with the Auto
Center monolith.
Staff replied that it was similar to the height of the monoliths in
Tustin Marketplace.
The Director noted it is smaller than the monolith at the Auto
Center.
Commissioner Weil stated that the monolith was appropriate
considering difference in elevation of Jamboree and Edinger.
The Director added Item 3.1 to Exhibit A of Resolution No. 3064, as
moved.
Commissioner Weil stated that Item I.C.4. of Page 1 of Resolution
No. 3064 was redundant.
The Director agreed and deleted, as moved.
"'J T-' 'T r-- --ll- -1'--"
Planning Commission Minutes
July 27, 1992
Page 4
Commissioner Weil moved, Kasparian seconded to approve Conditional
Use Permit 92-010 by adopting Resolution No. 3064 revised as
follows:
Page 1, Delete Item C.4
Exhibit A, Page 1, Add new section Sign Plan Correction, and Item
3.1 to read: The Jamboree Plaza Sign Program is consistent with
all applicable sections of the Tustin City Sign Code as modified
herein. A copy of the revised document shall be provided to the
Community Development Department prior to issuance of any sign
permits.
Motion carried 4-0.
4. Conditional Use Permit 92-025
APPLICANT/
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
DONALD LE JEUNE
440 WEST MAIN STREET
TUSTIN, CA 92680
440 WEST MAIN STREET
SINGLE FAMILY RESIDENTIAL (R-l)
CULTURAL RESOURCES DISTRICT OVERLAY ZONE
THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY
EXEMPT (CLASS 03) SECTION 15303 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
TO PERMIT PLACEMENT OF A SECOND STRUCTURE ON A R-1
LOT LOCATED AT 440 WEST MAIN STREET PURSUANT TO
TUSTIN CITY CODE SECTION 9223bl
Recommendation - It is recommended that the Planning Commission
approve Conditional Use Permit 92-025 by adopting Resolution No.
3063 as submitted or revised.
Presentation: Becky Stone, Assistant Planner
Commissioner Le Jeune abstained from the discussion and motion.
Commissioner Kasparian asked why staff was removing Item 3.1; and
asked if the applicant would need to underground any utilities.
Staff replied that it was based on option number 2, accessory use,
and was no longer needed; and that the applicant must only under-
ground the individual residential service.
Commissioner Weil asked for a clarification of Item 1.3 of Exhibit
A of Resolution No. 3063.
Staff replied that it should be changed to accessory use.
The Public Hearing was opened at 7:34 p.m.
Bill Collins, 430 W. Main Street, stated that the setback of his
house and his neighbor's was almost 90 feet from the sidewalk; that
the proposed house would create a staggered effect and would not be
indicative of the period; that he was concerned about the five (5)
foot side setback; suggested centering the house on the lot; asked
for information regarding fencing; asked about new sewer lines; and
asked why he was required to install sprinklers on his separate
building, but the applicant was not required.
Staff replied that the accessory building was required to be set
back 50 feet; that with the requirement of a an irrevocable 10 foot
Planning Commission Minutes
July 27, 1992
Page 5
dedication, the house is actually set back 60 feet from the front
property line; that there are no changes to fencing; and that the
Uniform Fire Code can require that any property more than 150 feet
from the front property line have sprinklers.
The Director stated that the Commission could consider asking
whether the applicant would be willing to relocate the house to
provide a larger side yard setback since the garage has been
removed; and that there are other structures in the area from that
same era with different setbacks.
Commissioner Kasparian asked about the five (5) foot setback from
the side lot line.
The Director replied that it was measured to
depending on the extent of the eaves; and that
permitted encroachment.
the structure
stairs are a
John Sauers, 515 S. Pacific, stated that the Resolution does not
exclude use as an office; and noted that Bed and Breakfasts have
been turned down.
Staff referred to Condition 1.6 restricting commercial use.
Commissioner Weil asked how the restriction affects the adoption
agency.
The Director replied that it would be considered a home occupation
and would not be impacted; that the Resolution precludes commercial
rental offices.
Commissioner Kasparian asked if an adoption agency was commercial.
The Director replied that home occupations have to meet certain
criteria; and that there have been no complaints about the existing
business.
Shannon Tucker, Old Towne Preservation Association, stated that the
house has been slated for demolition; that it is a significant
structure; that there is not another house like it in the City of
Orange; that the State Office of Historic Preservation has
recommended it for the National Register prior to its move; and
that it is a beautiful example of an early farming home.
Donald Le Jeune, 440 W. Main, applicant, stated that the adoption
agency is a true at-home business with no outside employees; that
there are no signs proposed; that he was against commercialization
of the street; that the side set back might be 7-8 feet; that
landscaping would be added to look like a separate piece of
property; and that the house would be moved in its original
condition without a porch and small addition.
Commissioner Baker asked about the garage being removed.
The Director replied that the garage is not required; that there is
an alteration to the conditions; and that the staff would have
recommended removal of the rear structure to original condition.
The Public Hearing was closed at 7:54 p.m.
Commissioner Weil asked if there was any other response to notice.
Staff replied negatively.
Planning Commission Minutes
July 27, 1992
Page 6
Commissioner Kasparian commended Commissioner Le Jeune on his
application; and stated that this shows sensitivity to the location
and would be an asset to the City.
Commissioner Baker stated that it was a good size lot.
Staff made changes to Exhibit A of Resolution No. 3063, as moved.
Commissioner Weil moved, Kasparian seconded to approve Conditional
Use Permit 92-025 by adopting Resolution No. 3063 revised as
follows:
Exhibit A, Page 1, Item 1.3: delete "second single-family dwelling
unit" and insert "accessory building used as guest rooms"
Exhibit A, Page 2, Add Item 2.6 to read: The structure shall be
set back a minimum of fifty feet from the revised front property
line.
Exhibit A, Page 2, Add Item 2.7 to read: No garage shall be
constructed in conjunction with the accessory building to be used
as guest rooms.
Exhibit A, Page 2, Delete Item 3.1 and renumber following items.
Motion carried 3-0. Commissioner Le Jeune abstained.
5. Conditional Use Permit 92-011
APPLICANT: MR. JOHN SCHWARTZ
5822 LINCOLN AVENUE
CYPRESS, CA 90630
LANDOWNER: DONALD F. AND VIRGINIA D. SIEVEKE TRUST
7817 SANDBERG LANE
ORANGE, CA 92669
LOCATION: 14252 NEWPORT AVENUE
ZONING: COMMERCIAL GENERAL (CG) DISTRICT
REQUEST: TO AUTHORIZE THE ESTABLISHMENT OF A 1,500 SQUARE
FOOT SELF-SERVE, COIN-OPERATED CARWASH AND A 830
SQUARE FOOT 10 MINUTE LUBE/OIL FACILITY
Recommendation - It is recommended that the Planning Commission
continue Conditional Use Permit to August 10, 1992.
Presentation: Joann Perry, Associate Planner
Staff changed the date from July 14 to July 16 on paragraph 3 of
page 1 of the staff report.
The Director clarified that concurrent design review and
conditional use permit applications had been submitted; that a
denial letter had been issued; that the matter should be continued;
that the matter of August 10 will not come back with revised plans.
Staff commented that the applicant was not present.
The Public Hearing was opened at 8:03 p.m.
The Public Hearing was closed at 8:04 p.m.
Commissioner Le Jeune moved, Weil seconded to continue Conditional
Use Permit 92-011 to August 10, 1992. Motion carried 4-0.
Planning Commission Minutes
July 27, 1992
Page 7
OLD BUSINESS:
6. Status Report
Commissioner Baker asked if there was an appeal to the large family
day care issue.
The Director affirmed and noted that it was scheduled for City
Council meeting of August 3.
Commissioner Weil moved, Le Jeune seconded to receive and file
subject Status Report. Motion carried 4-0.
NEW BUSINESS:
7. Desiqn Review 92-024; Appeal of Conditions of Approval
AGENT:
APPLICANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
BSK ENGINEERING AND ASSOCIATES
14730 BEACH BOULEVARD, SUITE 207
LA MIRADA, CA 90638
BRECKENRIDGE GROUP
30252 TOMAS, SUITE 200
RANCHO SANTA MARGARITA, CA 92688
13102 NEWPORT AVENUE
PLANNED COMMUNITY COMMERCIAL (PC-C)
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
TO APPEAL CONDITIONS OF APPROVAL 2.1, 2.2, 2.3, 2.4, AND
2.7 FOR DESIGN REVIEW 92-024 WHICH WAS APPROVED BY THE
COMMUNITY DEVELOPMENT DEPARTMENT TO PERMIT THE EXTERIOR
REMODELING OF AN EXISTING RESTAURANT LOCATED AT 13102
NEWPORT AVENUE
Recommendation - Pleasure of the Commission.
Presentation: Becky Stone, Assistant Planner
Commissioner Weil stated that there were a lot of inconsistencies
within the center; that she approved of the application; that the
building in Fullerton was not a stand alone pad; that both
Faraday's and Bob's Big Boy had problems which may have been due to
not being noticed; that the bright colors of the Marketplace may be
helping in these difficult economic times; that Ruby's is seen as
an asset; and that the center could be redesigned to look like
Ruby's when it becomes successful.
Commissioner Le Jeune asked if this building would be similar to
the Laguna Beach location; stated that the photos presented
indicate that there are other options available; that it should not
have to look like Packer's Square, but recommended a compromise be
considered; and that the monument sign should be brought up to
current Sign Code requirements.
Commissioner Baker asked about the Coca Cola signs; the height of
the tower and if it was artificial; that they do not want Ruby's
like the Crab Cooker, but would like a compromise; asked about
landscaping; asked about the monument sign; agrees that the bright
colors might help, but asked for suggestions to compromise.
Staff replied that the tower was 28 feet and would be allowed to be
35 feet; that the existing building is 19 feet high; that the tower
is expected to be artificial; that there are no changes to
Planning Commission Minutes
July 27, 1992
Page 8
landscaping; and that the sign was approved by the Planning
Commission, and the applicant has not indicated that it intends to
remove it.
The Director stated that they are allowed to change the copy on all
existing signs.
Commissioner Kasparian stated that the white/red color scheme does
not necessarily represent Ruby's; that the center's colors are
drab; that this is like a stand alone building; agrees with white
and red colors; and asked if the applicant would remove the
monument sign if the Commission agrees to the tower.
John Gantes, applicant, 30252 Tomas, Rancho Santa Margarita, stated
that the center is in foreclosure due to high vacancies and that
there needs to be a new direction; and that they have reached
compromises already.
Commissioner Kasparian asked if there would be a 1950's theme
inside the restaurant; asked about the monument sign; and that a
perpendicular sign would solve the visibility problems.
Mr. Gantes affirmed that there was a 1950's theme; that the sign
was important to the site due to the angles of the intersection;
and that they need to gain identity to become successful.
The Director clarified sign allowances; and stated that if the
applicant was not altering the structure of the sign, they could
replace the face or copy; that a new sign structure for a monument
could have only an 18" v-shape separation between sign faces.
Commissioner Le Jeune asked if there was a variance on the current
sign; asked if there would be white paint on the wood; and if it
would be flat or semi-gloss.
The Director affirmed that the sign was approved 4 1/2 to 5 years
ago by the Commission when Faradays was remodeled.
Commissioner Weil asked if there was stucco except where there is
wood.
Mr. Gantes replied that the wood and stucco would be painted white,
and that the new structure would have continuous plaster; that
there is not a lot of walking traffic in this area and needs
attention.
Commissioner Kasparian noted that the other restaurants shown in
the photographs blend with the centers that they are attached to.
Commissioner Weil noted that the Crab Cooker and Olive Garden do
not look like the other buildings in Enderle Center; that the trend
is to look individualistic; and that applicants need to be allowed
to be more flexible and adventurous.
Doug Cavanaugh, Ruby's Restaurant Group, stated that the paint
would mostly be a flat finish.
A discussion then occurred between staff and members of the
Commission about the Commission's ability to ask the applicant to
modify the monument sign.
Mr Gantes asked if they compromise on the monument sign, would the
Planning Commission agree to the colors and covering the existing
river rock.
Planning Commission Minutes
July 27, 1992
Page 9
Commissioners Kasparian and Weil agreed.
Commissioner Le Jeune moved, Weil seconded to grant an appeal of
conditions of approval 2.1, 2.2, 2.3, 2.4 and 2.7 of Design Review
92-024 by adopting Resolution No. 3065A revised as follows:
Exhibit A, page 2, Item 2.3, C, add to the beginning: The existing
restaurant monument sign shall be removed. Should a new monument
sign be installed, said monument sign shall be consistent with the
existing Tustin City Code as follows:
Exhibit A, page 3, Item 2.3 add: d. Community Development
Director has authority to approve use of exterior exposed neon for
the building elevations pursuant to Tustin City Code.
Motion carried 4-0.
8. Desiqn Review 92-030 (Tustin Lexus)
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
CZYSZ CONSTRUCTION, INC.
4345 EAST LOWELL, SUITE G
ONTARIO, CA 91761
DAVID WILSON
1400 NORTH TUSTIN
ORANGE, CA 92667
45 AUTO CENTER DRIVE
PLANNED COMMUNITY - MIXED USE (PCMU)
THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED
EIR (85-2) AND REQUIRES NO FURTHER DOCUMENTATION
AUTHORIZATION TO CONSTRUCT A 28,000-SQUARE FOOT
AUTO SERVICE BUILDING AND PARKING DECK
Recommendation - It is recommended that the Planning Commission
approve Design Review 92-030 by adopting Resolution No. 3062.
Presentation: Becky Stone, Assistant Planner
Commissioner Weil moved, Kasparian seconded to approve Design
Review 92-030 by adopting Resolution No. 3062 as submitted. Motion
carried 3-0. Commissioner Le Jeune abstained.
STAFF CONCERNS:
9. Report on actions taken at July 20, 1992 City Council meetinq
Staff reported on the subject agenda.
Commissioner Weil asked about report of airport sale.
The Director replied that Supervisor Stanton made a comment about
selling the airport to TCA in the newspaper; and that Council asked
for continued monitoring.
The Director also commented on death of Ed Shaheen; and that a
letter and flowers were sent to the family.
¢OF..~ISSION CONCERNS:
Commissioner Weil
-Complimented staff on Bedford Properties report. Would like
to see ideas into Master Sign Plan.
Planning Commission Minutes
July 27, 1992
Page 10
-Commented that there was little punctuation in sentence in
Resolution No. 3060.
Commissioner Baker
-Inquired as to the status of the Civic Center
ADJOURNME~:
Commissioner Weil moved, Kasparian seconded to adjourn the meeting
at 9:06 p.m. Motion carried 4-0.
The next regular meeting of the Planning Commission is on August
10, 1992 at 7:00 p.m. at the Tustin Senior Center, 200 S. C Street,
Tustin.
Chairman
Kathleen Clancy
Secretary