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HomeMy WebLinkAboutPC Minutes 01-13-92MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 13, 1992 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Le Jeune, Kasparian, Kasalek and Weil 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 December 9, 1991 Planning Commission meeting. 2. Final Tract Map 13734 APPLICANT/ LAND OWNER: LOCATION: DONALD L. BREN COMPANY 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CALIFORNIA 92660 LOTS 9, 10, I, J, AND K OF TRACT 12870, AND PARCELS 3 AND 4 OF LOT LINE ADJUSTMENT 89-' 03, NORTHEAST CORNER OF TUSTIN RANCH ROAD AND LA COLINA DRIVE. ZONING: ENVIRONMENTAL STATUS: REQUEST: PLANNED COMMUNITY - RESIDENTIAL (PC-R) MEDIUM-LOW DENSITY RESIDENTIAL CATEGORY, TUSTIN SPECIFIC PLAN EAST THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(B) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO SUBDIVIDE 24.08 ACRES INTO 118 NUMBERED LOTS AND 26 LETTERED LOTS TO ALLOW THE CONSTRUCTION OF 118 SINGLE-FAMILY DWELLINGS UNITS. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2997, as submitted or revised, recommending approval of Final Tract Map 13734 to the City Council. Planning Commission Minutes January 13, 1992 Page 2 3. Final Tract Map 14295 APPLICANT/ LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE FIELDSTONE COMPANY 14 CORPORATE PLAZA NEWPORT BEACH, CALIFORNIA 92660 LOTS 1, AA, BB AND CC OF TRACT 13627 LOW DENSITY RESIDENTIAL, EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(B) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO SUBDIVIDE 18.3 ACRES INTO 77 NUMBERED LOTS AND SEVEN LETTERED LOTS TO ALLOW THE CONSTRUCTION OF 77 SINGLE-FAMILY DWELLINGS UNITS. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2992, as submitted or revised, recommending approval of Final Tract Map 14295 to the City Council. Commissioner Weil moved, Le Jeune seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Continued Public Hearing - Tentative Tract Map 14396, Design Review 90-49, Conditional Use Permit 91-21 and Hillside Review 91-03 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FOOTHILL COMMUNITY BUILDERS P.O. BOX I NEWPORT BEACH, CA 92658-8904 ATTENTION: MR. DAVE CONLEY LOTS 12, 13, 24, AND 25 OF TRACT 13627 ESTATE DENSITY RESIDENTIAL/HILLSIDE DISTRICT - 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 351 NUMBERED LOTS AND 90 LETTERED LOTS FOR THE ULTIMATE DEVELOPMENT OF 351 SINGLE-FAMILY DETACHED DWELLINGS; 2. APPROVAL OF THE PROPOSED CONCEPTUAL LANDSCAPE PLANS AND RELATED SITE IMPROVEMENTS; 3. AUTHORIZATION FOR A CLUSTER DEVELOPMENT AND USE OF THE "CLUSTER DEVELOPMENT" STANDARDS OF THE EAST TUSTIN SPECIFIC PLAN FOR PORTIONS OF THIS PROJECT; AND 4. APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE REVIEW. Recommendation - It is recommended that the Planning Commission continue this item to the February 10, 1992 Planning Commission meeting. Presentation: Daniel Fox, Senior Planner Commissioner Kasparian asked if an option existed to not develop the tract at all. The Director responded that until the impacts are known, that may not be an option. Planning Commission Minutes January 13, 1992 Page 3 The Public Hearing was opened at 7:08 p.m. The Public Hearing was closed at 7:09 p.m. Commissioner Le Jeune moved, Weil seconded to continue the item to the February 10, 1992 Planning Commission meeting. Motion carried 5-0. 5. Conditional Use Permit 91-31 and Variance 91-20 APPLICANT: OWNER: AGENT: LOCATION: ENVIRONMENTAL STATUS: REQUEST: GEORGE G. RANDELL 1608 NORTH MAIN STREET SANTA ANA, CA 92701 INFLUENTIAL SQUARE HOMEOWNERS ASSOCIATION CONDOMINIUM MANAGEMENT COMPANY 1818 WEST CHAPMAN AVENUE ORANGE, CA 92666 17212-17282 NISSON ROAD THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO VARY FROM SECTIONS 9271I(1) (a) AND (b) OF THE TUSTIN CITY CODE TO ALLOW A 7'-6" IN HEIGHT FENCE WITHIN THE FRONT-YARD SETBACK WITHIN ALL REAR AND SIDE PROPERTY LINES AND TO AUTHORIZE A CONDITIONAL USE PERMIT PURSUANT TO SECTIONS 9271I(1) (d) TO ALLOW A 7'-6" IN HEIGHT FENCE ON THE REAR HALF OF THE LOT Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-31 and Variance 91-20. Presentation: Becky Stone, Assistant Planner Commissioner Le Jeune asked if the Fire Department reviewed the fencing plans and if they have ever denied a 7 foot 6 inch fence. Staff replied that the Fire Department and the Police Department reviewed the access gates to determine if they meet emergency requirements; that the gate has a Knox box Fire Department access; and that there were no comments from the Fire Department. The Director commented that the Police Department supports the height for additional security. Commissioner Kasalek asked if there were any regulations regarding the width between the bars surrounding the pool; and noted that her concern stems from the drowning of an 11 month old child who gained access to a pool through a smaller opening. Staff replied that the fence meets the requirements of the Uniform Swimming Pool Code; that the building department has reviewed for compliance and will again at plan check; and that the staff will review the width. Commissioner Kasparian asked if this was a fence around the road as well as surrounding the property and noted that it was odd that the driveways were not gated. Staff replied that the gates were at the property line for a minimum stacking distance; were redesigned to allow access to the Planning Commission Minutes January 13, 1992 Page 4 clubhouse only; and that all residences and driveways are behind the gates; and that the 7 foot 6 inch height may be visibly more appealing. The Public Hearing was opened at 7:20 p.m. The Public Hearing was closed at 7:21 p.m. Commissioner Le Jeune stated that high fences were allowed in other areas. Commissioner Baker stated that he agreed with the request, but was concerned with the fortress look. Commissioner Kasparian moved, Le Jeune seconded to Conditional Use Permit 91-31 and Variance 91-20 by Resolution No. 2994 as submitted. Motion carried 5-0. approve adopting 6. Variance 91-17 and Conditional Use Permit 91-28 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RAY AND MARY MADRID 170 SOUTH "B" STREET TUSTIN, CALIFORNIA 92680 170 SOUTH "B" STREET (R-I) SINGLE FAMILY RESIDENTIAL/(CR) RESOURCE OVERLAY DISTRICT CULTURAL THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1. APPROVAL OF A VARIANCE TO ALLOW A SECOND SINGLE FAMILY STRUCTURE ON A 7,500 SQUARE FOOT LOT WHERE 12,000 SQUARE FEET IS REQUIRED, LOT WIDTH OF 50 FEET WHERE 60 FEET IS REQUIRED, REAR YARD SETBACK OF 12 FEET WHERE 20 FEET IS REQUIRED AND WITH LESS THAN THE REQUIRED TWO- CAR GARAGE; AND 2. APPROVAL OF A CONDITIONAL USE PERMIT AUTHORIZING AN EXISTING DETACHED ACCESSORY STRUCTURE BE CONSIDERED A SECOND SINGLE FAMILY STRUCTURE. Recommendation - Pleasure of the Commission. Presentation: Anne E. Bonner, Associate Planner Commissioner Weil asked if the unit was presently occupied. Staff affirmed. Commissioner Kasparian asked if they would be setting a precedent if they were to approve the granny housing or a guest room; and if the variance was granted would it stay with the property. Staff replied negatively regarding a precedent; that similar circumstances were recently approved; and that it would stay with the property. The Public Hearing was opened at 7:29 p.m. Jeffrey Manchester, Century Mortgage, stated that the lender feels that the granny housing regulations are discriminatory; and that without cooking facilities the unit cannot be rented which reduces the value. Planning Commission Minutes January 13, 1992 Page 5 Ray Madrid, 170 S. B Street, applicant, stated that his request stems from the requirement by the lender that the house be able to be rebuilt in case it is destroyed; that he only wants the variance for refinancing and replacement; that the house is currently rented to his daughter: that it was difficult to rent to senior citizens who need extra care and would require an additional person to reside; and that the size is comfortable for an adult with possibly one child; and that the lender does not value it as highly if it is only a guest room. Commissioner Kasparian stated that he was concerned with setting a precedent. Mr. Madrid replied that if there were no cooking facilities, it could not be used for his parents. The Director provided a history of the existing use and stated that it was a legal non-conforming use, zoned C-I; that it can remain in perpetuity unless destroyed by more than 50%; that once the non- conformity is removed by approving a variance, the precedent is set and the neighboring properties would be affected; that in reviewing the Old Town area, it appears that there are no similar situations in the R-1 district; that the lender indicated a concern regarding discrimination, but they are mandated by State law regarding granny flats; and that the City could provide assurance to the lender. Commissioner Kasparian stated that he would not agree to a guest room that would require removal of the cooking facility. Larry Layne, 325 W. 2nd Street, neighbor of applicant, spoke in favor of the application; and stated that it was important to have this type of housing now and in the future. Alan Gandall, Century Mortgage, stated that it was underwritten to FNMA/FMAC guidelines; and that a letter stating that the unit can be rebuilt 100% in a non-conforming manner will suffice. Commissioner Le Jeune noted that it was not a question of being able to refinance, but for how much. Mr. Gandell stated that if the property is changed in any manner, it affects the appraisal. Commissioner Baker stated that it would not be FNMA qualified, and that the applicant would have to apply elsewhere at a higher rate. The Public Hearing was closed at 7:47 p.m. Commissioner Weil stated that she would approve the granny housing, but felt that the parking might be inadequate. Commissioner Kasparian stated he was not in favor of granting the variance because he was concerned with setting a precedent and he was uncertain why the applicant wants the variance. Commissioner Le Jeune stated that they would also be setting a precedent regarding allowing financial gain for the applicant by approval of the variance; and suggested the applicant could apply for a conventional loan. Commissioner Kasalek stated that she could approve either granny housing or the guest room. Planning Commission Minutes January 13, 1992 Page 6 The Director suggested continuance to the next meeting since there was no resolution for denial. Commissioner Baker asked for a consensus on denying the application: Le Jeune, Kasparian; and a consensus for a granny flat: Kasalek, Weil, and Baker. Commissioner Le Jeune moved, Kasparian seconded to continue the item to the January 27, 1992 Planning Commission meeting. Motion carried 5-0. Conditional Use Permit 91-25, Design Review 91-44 and Siqn Code Exception 91-01 APPLICANT: CHEVRON U.S.A, INC. P.O. BOX 2833 LA HABRA, CA 90632 REPRESENTATIVE/ AGENT: GREER ENGINEERING CO. 2323 W. LINCOLN AVENUE #119 ANAHEIM, CA 92801 OWNER: SHIRLEY GRISET 27245 AURORA DRIVE HEMET, CA 92344 13052 NEWPORT AVENUE COMMERCIAL RETAIL (C-I) DISTRICT LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO SECTION 15302 (CLASS 2) 1. TO AUTHORIZE THE ESTABLISHMENT OF A GASOLINE SERVICE STATION FACILITY AND VSAT ANTENNAE; AND 2. TO ALLOW THE REDISTRIBUTION OF THE MAXIMUM ALLOWABLE SQUARE FOOTAGE OF SECONDARY BUSINESS IDENTIFICATION WALL OR CANOPY SIGNS, AND TO PERMIT THE INCREASE OF THE MAXIMUM SIGN AREA FOR THE BUSINESS IDENTIFICATION MONUMENT FROM THE PERMITTED 32-SQUARE FEET TO 39.27-SQUARE FEET. Recommendation - It is recommended that the Planning Commission take the following action: 1. Approve Conditional Use Permit 91- 25 and Design Review 91-44 by adoption of Resolution No. 2995, as submitted or revised; and 2. Adopt Resolution No. 2996, as submitted or revised: A. Approving the Sign Code Exception 91-01 request to redistribute the maximum allowable square footage of secondary business identification wall or canopy signs as illustrated in Exhibit B of Resolution 2996 attached thereto; and B. Denying the Sign Code Exception 91-01 request to increase the maximum sign area for the business identification monument from the permitted 32-square feet to 39.27-square feet. Presentation: Joann Perry, Associate Planner Commissioner Kasparian asked for a clarification of the area to be dedicated; and asked how staff verifies the approval of the AQMD. Staff replied that at plan check they require a letter of approval from AQMD. Staff made a change to the staff report stating that the existing tanks were fine, that they were only providing new piping. Planning Commission Minutes January 13, 1992 Page 7 The Public Hearing was opened at 8:18 p.m. Bob Fiscus, Greer Engineering, representing Chevron USA, Inc., thanked staff for their hard work and the excellent job; stated that the station is old; that the current lease expires in 2001 leaving them a limited time to build the new station and amortize the cost to break even on the lease. He continued with stating that Chevron wants to remain on the site; that they are adding landscaping; and that they concur with staff's recommendations, excepting the monument sign; that State law states that the sign must be visible from all four directions; that the sign would only be there for 9 years, when the site would be demolished and redeveloped; that the site is designed so that the moving the sidewalks in case of rededication will not affect the station; and that they are retaining the existing fiberglass tank and installing double wall piping with a leak detection system. Commissioner Baker asked if the VSAT antenna was the same as at the station on Nisson and Newport. Mr. Fiscus affirmed; and noted that a person would have to be above the station or 18 feet up for it to be visible. Commissioner Kasparian asked if the configuration has changed considerably relating to access for tankers; and asked for a clarification of a flush traffic signal box. Mr. Fiscus replied that they have taken the tankers into account with the layout; stated that the box is flush with the sidewalk. Commissioner Kasparian asked if there would be any garage work; and if the tanks were vented. Mr. Fiscus replied that there would not be any garage work; that there would be a tank top capture system with a vent back into the tank; and that everything is done within AQMD standards. Commissioner Kasparian asked who would respond if the alarm sounds regarding leakage; and if the system has a self-test. Mr. Fiscus replied that, in case of a leak, the station operator would call Maintenance and shut down the tank; and that the system continually checks for vapors and leakage. Commissioner Kasparian asked why they were placing the 24-hour sign where it could not be seen as well as if it were by the cashier. Mr. Fiscus responded that they were limited by the amount of fascia, and thought that it would make the front look cluttered. Ken Gunn, Development Specialist, Chevron USA, Inc., stated that the staff was outstanding; that in 9 years, they will be spending $500,000; that there monument sign request is for a standard C-45 sign; and that it will only be in place for 9 years. Commissioner Le Jeune stated that the size of the letters appeared to be approximately 12 inches. Commissioner Kasalek asked if the height is different than if using the smaller sign. Mr. Gunn replied that a C-30 sign is 18-20 square feet; and that as the sign enlarges, so do the letters. Planning Commission Minutes January 13, 1992 Page 8 Commissioner Weil asked if all companies make standard small, medium and large signs. Mr. Gunn responded that Chevron makes a limited number of sign sizes; and that it was not economical to create a variety. Commissioner Le Jeune asked if they have built custom signs in the past. Mr. Gunn replied negatively, but that they would have to for this project. The Public Hearing was closed at 8:45 p.m. Commissioner Weil suggested adding "mostly" on Page 3, Section E, Paragraph 2 of Resolution 2995, as moved. Commissioner Kasparian was concerned with setting a precedent regarding the monument sign. The Director recommended that there are many corner stations in the City, and that the Commission should decide what is best for the Community. Commissioner Kasparian suggested that the extra 7 square feet would not make an appreciable difference; and that since it is two-sided, that is more reason not to grant the additional square footage. Commissioner Kasalek recommendation. agreed and was in favor of staff's Commissioner Le Jeune stated that no matter how large the sign, it would not be seen clearly from Newport. Commissioner Baker commented that a great deal of research was done on the new Sign Code; that this is one of the busiest intersections in the County; and that the re-design of the station would create new customers. Commissioner Le Jeune moved, Kasalek seconded to approve Conditional Use Permit 91-25 and Design Review 91-44 by adopting Resolution No. 2995 revised as follows: Page 3, Section E, Paragraph 2: "concealed". insert "mostly" before the word Motion carried 5-0. Commissioner Le Jeune moved, Kasalek seconded to adopt Resolution No. 2996, as submitted, approving the Sign Code Exception 91-01 request to redistribute the maximum allowable square footage of secondary business identification wall or canopy signs as illus- trated in Exhibit B of Resolution 2996 attached thereto; and deny the Sign Code Exception 91-01 request to increase the maximum sign area for the business identification monument from the permitted 32-square feet to 39.27-square feet. Motion carried 5-0. Modification to a Condition of Approval to Allow a Six-Month Extension of Design Review 88-70 and Variance 89-19 Recommendation - It is recommended that the Planning Commission approve a: 1. Modification to Condition No. 10.1 of Resolution No. 2728 to allow a 12-month extension of Tentative Tract Map No. 14022 by adopting Resolution No. 2993, as submitted or revised; and Planning Commission Minutes January 13, 1992 Page 9 2. Modification to Condition No. 1.1 of Resolution No. 2914 to allow a six-month extension of Design Review 88-70 and Variance 89- 19 by adopting Resolution No. 2985, as submitted or revised. Presentation: Paula Rankin, Associate Planner The Public Hearing was opened at 8:52 p.m. The Public Hearing was closed at 8:53 p.m. Commissioner Weil moved, Kasparian seconded to approve modification to Condition No. 10.1 of Resolution No. 2728 to allow a 12-month extension of Tentative Tract Map No. 14022 by adopting Resolution No. 2993, as submitted. Motion carried 5-0. Commissioner Weil moved, Kasparian seconded to approve modification to Condition No. 1.1 of Resolution No. 2914 to allow a six-month extension of Design Review 88-70 and Variance 89-19 by adopting Resolution No. 2985 as submitted. Motion carried 5-0. OLD BUSINESS: 9. Prospect Avenue/Seventeenth Street Turning Movement Received and filed. 10. Cable Television Services Received and filed. 11. First Street Specific Plan Workshop The workshop was confirmed for February 10, 1992 at 5:30 p.m. in the Council Chambers conference room. NEW BUSINESS: 12. Request for Temporary Sale of Strawberries - McWhinney Berries The Commission discussed the request and made a recommendation to the applicant to use the Conditional Use Permit process by a vote of 3-2. Chairman Baker and Commissioner Weil were the dissenting votes. STAFF CONCEP~NS: 13. Report on actions taken at January meetinq Staff reported on the subject agenda. COF~4ISSION CONCERI~S: Commissioner Kasalek 6, 1992 City Council -Asked that staff explain the option the City chose for the East Tustin Corridor. Commissioner Kasparian -Informed staff of a real estate sign in disrepair on northeast corner of Seventeenth and Prospect Planning Commission Minutes January 13, 1992 Page 10 ADJOURNME~ .- Commissioner Le Jeune moved, Kasparian seconded to adjourn the meeting at 9:55 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on January 27, 1992 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. L/~'/~1' ~ '/' B~ker Cha'irman Kathleen Clancy Secretary