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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). 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 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