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HomeMy WebLinkAboutPC Minutes 06-22-92MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 22· 1992 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Absent: Baker, Le Jeune, Kasparian, Kasalek and Weil 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. 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.) Minutes of the June 8, 1992 Planning Commission meeting. Final Tract Map 14499 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE BREN COMPANY 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 LOT 4 OF TRACT 13627 EAST TUSTIN SPECIFIC RESIDENTIAL PLAN: MEDIUM DENSITY THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CREATE TEN NUMBERED LOTS AND SIX LETTERED LOTS TO ACCOMMODATE 210 CONDOMINIUM DWELLING UNITS RECOMMENDATION - It is recommended that the Planning Commission adopt Resolution No. 3053 forwarding Final Tract Maps 14499 to the City Council recommending approval. Presentation: Becky Stone, Assistant Planner Commissioner Le Jeune moved, Weil seconded to approve the Consent Calendar. Motion carried 5-0. Planning Commission Minutes June 22, 1992 Page 2 PUBLIC HE~%RINGS: 3. Conditional Use Permit 92-019 & Design Review 92-021 APPLICANT: OWNERS: 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. AMEND CONDITIONAL USE PERMIT 91-010 TO ALLOW FOR CHANGES IN USE OF THE PROPERTY DUE TO MODIFICATIONS OF THE SITE; AND, 2. AUTHORIZATION TO MODIFY THE PARKING LOT LAYOUT, INSTALL LANDSCAPE IMPROVEMENTS AND CONSTRUCT NEW ELEVATIONS FOR THE STRUCTURE LOCATED ON THE NORTHWEST PORTION OF THE SITE DUE TO FIRE DAMAGE. RECOMMENDATION - It is recommended that the Planning Commission: 1. Approve Conditional Use Permit 92-019 and recommend to the Redevelopment Agency approval of Design Review 92-021 by adopting Resolution No. 3048, as submitted or revised; and 2. Continue to hold the public hearing open until the July 13, 1992 Planning Commission meeting for Conditional Use Permit 92-019, for the consideration of further amendments to Conditional Use Permit 91- 010. Presentation: Anne E. Bonner, Associate Planner Commissioner Le Jeune asked about tire racks being located in parking spaces. Staff replied that the storage and outdoor display is in violation of City code and that the owner has been notified. Commissioner Kasparian asked if the applicant was willing to sign the "Agreement to Conditions Imposed" as required by Condition 1.5 of Exhibit A of Resolution No. 3048. Staff replied that no unwillingness has been shown, but that may change with the July 13 meeting; and that revocation proceedings can be imposed when violations are not being corrected. The Public Hearing was opened at 7:08 p.m. Norm Fritz, 15734 Newton Street, Hacienda Heights, property owner, stated that he demolished the building after the fire to obtain more parking area; that he cannot complete the remainder of the building until the parking lot is approved; and that he has received a lot of comments about the neatness and cleanliness of the property. Greg Bennett, Donnelly-Bennett Architects, stated that they would be requesting clarification language of specifications at the July 13 meeting; and that they are now in compliance regarding storage/display of tires. Planning Commission Minutes June 22, 1992 Page 3 The Public Hearing was closed at 7:12 p.m. Commissioner Weil stated that she would consider continuing the matter, but likes the plans and will approve; and reminded the applicant that the Planning Commission meeting on July 13 would be held at the Tustin Senior Center. Commissioner Le Jeune moved, Kasalek seconded to adopt Resolution No. 3048, approving Conditional Use Permit 92-019 amending Conditional Use Permit 91-010 and recommending to the Redevelopment Agency approval of Design Review 92-021, as submitted. Motion carried 5-0. Commissioner Le Jeune moved, Kasalek seconded to continue to hold the public hearing open until the July 13, 1992 Planning Commission meeting for Conditional Use Permit 92-019, for the consideration of further amendments to Conditional Use Permit 91-010. Motion carried 5-0. 4. Conditional Use Permit 92-023 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CARL KARCHER ENTERPRISES, INC. 1200 NORTH HARBOR BOULEVARD ANAHEIM, CA 92803 14041 NEWPORT AVENUE PLANNED COMMUNITY-COMMERCIAL (PC-C) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 03) SECTION 15303 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO AMEND CONDITIONAL USE PERMIT 89-47 WHICH APPROVED THE DEVELOPMENT PLANS FOR THE CONSTRUCTION OF THE TUSTIN FREEWAY CENTER AND CARL'S JR. RESTAURANT LOCATED AT 14041 NEWPORT AVENUE TO ALLOW THE CONSTRUCTION OF OUTDOOR PLAY EQUIPMENT. RECOMMENDATION - It is recommended that the Planning Commission approve Conditional Use Permit 92-023 by adopting Resolution No. 3052 as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Weil asked the distance between the bars, as she was concerned about children squeezing through the bars. Staff replied that the bars were four to six inches apart and used at other locations without problems. Commissioner Kasparian asked if there were any restrictions to placing the play area next to the pollution of the freeway; about placement of gate latches; and if it was possible to reconsider the height of the pole sign with this application. Staff replied that there were no City regulations for proximity of the play area to mobile pollution sources; and that gates will have security latches on the inside. The Assistant Director stated that the pole sign should be addressed separately. A conditional use permit for the sign was approved two years ago with a condition to review the height issues when the freeway offramp work was completed and the trees were removed or trimmed. Staff will look into the conditions of the old CUP. Planning Commission Minutes June 22, 1992 Page 4 Commissioner Kasalek asked about the slipperiness of the tiles. Staff replied that there have been no safety problems at other locations. The Public Hearing was opened at 7:20 p.m. Tom Oley, Carl Karcher Enterprises, agreed with the staff report; stated that the bars are four inches apart; that the quarry tile is the same as used at the entryways and is not slippery; and that the gates are exit only and patrons must go through the restaurant to use the play area. Commissioner Weil asked about the location of the handles. Mr. Oley replied that the handles are as high as the Fire Department allows and that there is a panic bar for emergency; and that they encourage parental supervision. The Public Hearing was closed at 7:23 p.m. Commissioner Weil moved, Le Jeune seconded to approve Conditional Use Permit 92-023 by adopting Resolution No. 3052 as submitted. Motion carried 5-0. 5. Conditional Use Permit 92-018 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. 18350 MT. LANGLEY STREET, SUITE 100 FOUNTAIN VALLEY, CA 92708 MESA DEVELOPMENT JIM WHITE AND TED MORIARTY 2925 COLLAGE AVENUE, #A-3 COSTA MESA, CA 92626 14042 RED HILL AVENUE RETAIL COMMERCIAL DISTRICT (C-i) A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE INSTALLATION AND OPERATION OF SELF-CONTAINED MOBILE UNIT TO EXTRACT AND TREAT CONTAMINATED VAPORS FROM THE PROPERTY LOCATED AT 14042 RED HILL AVENUE FOR SIX TO 24 MONTHS RECOMMENDATION - It is recommended that the Planning Commission: 1. Adopt Resolution No. 3040, certifying the Final Negative Declaration as adequate for the project; and 2. Adopt Resolution No. 3041, approving Conditional Use Permit 92-018, subject to conditions contained in Exhibit A, as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Weil asked if there was response to notice. Staff replied that Tustin Auto Spa requested information about the noise levels. Commissioner Kasparian asked how the City is notified in case the SCAQMD permit is revoked. Staff replied that the Commission is only approving the temporary location of the equipment; and that if the SCAQMD revokes the permit, the EMA is contacted. Planning Commission Minutes June 22, 1992 Page 5 The Assistant Director stated that the SCAQMD has authority over the City in case of violations and could rescind the permit even if the City has already approved the extraction equipment permit. The Public Hearing was opened at 7:28 p.m. Stephen Hogie, Service Station Services, 2112 Burnt Mill Road, Tustin, introduced himself. The Public Hearing was closed at 7:29 p.m. Commissioner Weil moved, Kasalek seconded to approve the adoption of Resolution No. 3040, certifying the Final Negative Declaration as adequate for the project, as submitted. Motion carried 5-0. Commissioner Weil moved, Kasalek seconded to approve the adoption of Resolution No. 3041, approving Conditional Use Permit 92-018 as submitted. Motion carried 5-0. 6. Conditional Use Permit 92-005 and Design Review 92-0~0 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE SALVATION ARMY CHURCH 1710 WEST EDINGER AVENUE SANTA ANA, CA 92704 LOTS 14 AND 15 OF TRACT 13627 PLANNED COMMUNITY - EAST TUSTIN SPECIFIC PLAN LAND USE DESIGNATION: COMMUNITY FACILITY WITH UNDERLYING LOW-DENSITY RESIDENTIAL THIS PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO CONSTRUCT A SANCTUARY, FELLOWSHIP HALL, AND CLASSROOM BUILDINGS INCLUDING RELATED SITE IMPROVEMENTS. RECOMMENDATION - It is recommended that the Planning Commission: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3050; and 2. Approve Conditional Use Permit 92-005 and Design Review 92-010 by adopting Resolution No. 3051, as submitted or revised. Presentation: Anne E. Bonner, Associate Planner Commissioner Kasalek asked for a clarification of the reasoning behind denying Sunday exiting onto Jamboree. Staff replied that the access rights were relinquished with recordation of Tract Map 13627; that the applicant would need to request the change through the City Council; and that there may be a safety issue and referred to the Traffic Engineer. Dana Kasden, Engineering Services Manager, stated that when the access rights were released, the primary concern was traffic safety; that they met with the applicant prior to purchase of the property to indicate the unacceptability of egress due to traffic concerns; and that access would have to be approved by the City Council. Commissioner Kasparian asked if a right-turn-only lane would still pose a hazard. Mr. Kasden replied that a special lane would not be appropriate at this location; that the average weekday speed was calculated at 52- 56 miles on weekday; that on Sundays there would be less traffic, Planning Commission Minutes June 22, 1992 Page 6 but increased speed; and that the inconvenience would be more than made up by the increased safety. Commissioner Weil asked if there could be a traffic light installed that was limited to Sundays only. Commissioner Kasparian asked if another exit location could be recommended. Mr. Kasden replied that there would be no justification for a traffic light; and that this was a unique site. Commissioner Baker asked for a change to Item 3, Page 4 of the staff report to allow some overnight use of the facilities. Staff replied that the language could be altered to accommodate changes. Commissioner Weil requested language be added to acknowledge the location of the water main easement. Staff replied that it is called out in the plans which are part of the legal record of the meeting; and added finding C.9, as moved. Commissioner Baker asked if the wording was necessary. John Shaw, City Attorney, replied that it was not necessary, but alright to include. Commissioner Kasparian asked the height of the buildings; and why the ten (10) parking spaces were imposed on the church. Staff replied that the building height was 35 feet at the highest, but would look lower with the change in grade; and that it was a condition of approval that the subdivider would be responsible for providing and recording reciprocal access to the park. Commissioner Weil suggested that the church be able to use the parking spaces until the park is developed in six to eight years. Staff replied that the reciprocal access agreement assures that the church administration is aware of the spaces available for the park; but that the church is not yet required to designate spaces for park use. The Public Hearing was opened at 7:54 p.m. Lt. Lee Lescano, The Salvation Army, appreciated the staff's assistance and supported their recommendations; stated that they will continue to pursue the Sunday exit; that the platform seating is not fixed and will change; asked that the seating numbers be based on fixed seats; requested that wording be changed from issuance of any permits to building permits; that this is not a typical Salvation Army facility; that there would not be homeless people residing; that they would have typical church functions with overnight stays; and that they would like to be available for overnight access in case of emergency disasters. Commissioner Le Jeune asked about kitchen facilities. Mr. Lescano replied that there is a church size kitchen facility for church dinners, etc. Commissioner Kasparian asked if the band room was sound proofed; and how they accounted for the handicapped on a 3% slope. Planning Commission Minutes June 22, 1992 Page 7 James Roqers, Corcoran Drew Partners, project architect, affirmed that the room was sound proofed; and that the court yard, plaza, and parking areas were evenly graded and flatter than 3%. Staff provided Resolution No. visitation. language to change Item 2.3 of Exhibit A of 3051, as moved, to accommodate limited overnight Commissioner Weil asked for clarification of language change of Item 1.6 of Exhibit A of Resolution No. 3051. John Shaw replied that changing the language to prior to issuance of Building Permit should be acceptable. Staff changed Item 1.6 of Exhibit A of Resolution 3051, as moved. Commissioner Kasparian asked if the park requires less spaces when it is developed, could they be reverted to the church. Staff replied that since it is a neighborhood park, there is no provision for parking; and that if spaces are put in lot 17 with a reciprocal agreement, then this agreement would be null and void. Richard Schmid, Salvation Army, asked for a clarification of the seating agreement. Staff replied that the wording could be altered to disregard non- fixed seating and refer to occupancy load. Commissioner Weil suggested that staff use wording provided. Mr. Schmid affirmed. The Public Hearing was closed at 8:20 p.m. Commissioner Kasparian commented that the entire project is visually attractive. Commissioner Kasalek stated that she was impressed with the schedule of activities and the architecture, and would be a good addition to the community. Commissioner Weil moved, Kasparian seconded to approve the Environmental Determination for the project by adopting Resolution No. 3050 as submitted. Motion carried 5-0. Commissioner Weil moved, Kasparian seconded to approve Conditional Use Permit 92-005 and Design Review 92-010 by adopting Resolution No. 3051, revised as follows: 1. Add finding I.C.9 to read: "The project site has been designed to be compatible with the location of the pipeline easement which runs the full length of the property's western boundary and no structures are proposed to be built within the easement." 2. Modify last sentence in Condition 1.6 of Exhibit A to read: "Said agreement shall be submitted for review and approval by the Community Development Department and City Attorney prior to the issuance of any structural building permits." 3. Modify last sentence in Condition 2.2 of Exhibit A to read: "Simultaneous use of the facilities on the church site are limited by the total number of parking allocated calculated at a ratio of one space for every three fixed seats or as modified per Condition No. 5.7 herein." Planning Commission Minutes June 22, 1992 Page 8 4. Modify last sentence in Condition 2.3 of Exhibit A to read: "Operating hours shall be between 7:00 a.m. and 10:00 p.m. excepting those services generally provided in an emergency relief condition or as related to specific organized members' activities." Motion carried 5-0. OLD BUSINESS: 7. STATUS REPORT Commissioner Kasparian asked if new developers would be allowed extra density if the overall density was below 7,950 units. Staff replied that each lot has a limited density allowed. Received and filed. NEW BUSINESS: 8. Sign Code Exception 92-004 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SPESCO 701 LAKME AVENUE WILMINGTON, CA 90744 ATTENTION: MR. MARK FRANK WESTWOOD FINANCIAL 11440 SAN VICENTE, #200 LOS ANGELES, CA 90049 ATTENTION: MR. BRIAN BARR 13842 NEWPORT AVENUE C-1 (RETAIL COMMERCIAL) 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 FOR AN EXCEPTION TO SIGN CODE SECTION 9408E TO INCREASE AN INDIVIDUAL TENANT IDENTIFICATION SIGN FROM SIX-SQUARE FEET TO 18 SQUARE FEET ON AN EXISTING TENANT DIRECTORY SIGN LOCATED AT 13842 NEWPORT AVENUE. RECOMMENDATION - It is recommended that the Planning Commission approve Sign Code Exception 92-004 by adopting Resolution No. 3049, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Le Jeune stated that the applicant should be reminded that blinking signs are not part of the Sign Code. Commissioner Kasparian asked if Blockbuster was to revert to a smaller building, would they have to decrease their sign size; and if a precedent is being set. Staff affirmed that they would have to reduce their signage; and replied negatively to a precedent being set. Commissioner Kasalek moved, Weil seconded to approve Sign Code Exception 92-004 by adopting Resolution No. 3049 as submitted. Motion carried 5-0. STAFF CONCERNS: Planning Commission Minutes June 22, 1992 Page 9 9. Report on actions taken at June 15, 1992 City Council meeting Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Kasparian - Inquired what the criteria for violation of "Rooster Ordinance" would be and how a violation would be enforced Staff - Response would be on complaint basis and enforced by use of noise recording device with clock which would be set to prevailing dawn/dusk time. No problem foreseen. Commissioner Kasparian - Complimented staff on follow-up of cutting back foliage on Prospect Avenue Commissioner Baker - Complimented staff Salvation Army project on ability to negotiate concerning ADJOURNMENT Commissioner Le Jeune moved, Kasparian seconded to adjourn the meeting at 8:45 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on July 13, 1992 at 7:00 p.m. in the Senior Center, 200 South "C" Street, Tustin. Chairman Ka'th leen -Clancy Secretary ~