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HomeMy WebLinkAboutPC Minutes 10-14-91MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 1.4~, 1.991 CALL TO ORDER~ 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL Present: Absent: Baker, Kasalek, Le Jeune and Weil Kasparian 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 September 23, 1991 Planning Commission meeting. Commissioner Le Jeune moved, Kasalek seconded to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. Extension of Temporary Use Permit 91-05 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: WILLIAM GREENBERG 2872 EL CAMINO REAL TUSTIN, CA 92680 DONALD L. BREN COMPANY 13371 VERONA TUSTIN, CA 92680 2872 EL CAMINO REAL PC - EAST TUSTIN SPECIFIC PLAN 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 OF AN EXTENSION OF A TEMPORARY USE PERMIT FOR AN ADDITIONAL 90 DAYS, RESULTING IN AN EXPIRATION DATE OF DECEMBER 19, 1991, FOR THE DISPLAY OF A TEMPORARY BANNER PROVIDING BUSINESS IDENTIFICATION Planning Commission Minutes October 14, 1991 Page 2 Recommendation - It is recommended that the Planning Commission approve a ninety (90) day extension of the Temporary Use Permit for the tenant space located at 2872 E1 Camino Real by Minute Order. Presentation: Becky Stone, Assistant Planner Staff made a correction to the staff report that the owner should be the Irvine Company located at 550 Newport Center, Newport Beach, CA 92660, instead of the Bren Company. The Public Hearing opened at 7:02 p.m. The Public Hearing was closed at 7:03 p.m. Commissioner Weil moved, Kasa~ek seconded to approve a ninety (90) day extension of the Temporary Use Permit for the tenant space located at 2872 E1 Camino Real by Minute Order. Motion carried 4- 9. 3. Conditional Use Permit 91-20 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FUMIO OGURA 13112 NEWPORT AVENUE #D TUSTIN, CA 92680 MCCOMBS PROPERTIES VIII 13132 NEWPORT AVENUE #106 TUSTIN, CA 92680 13112 NEWPORT AVENUE #D PC-C (PLANNED COMMUNITY - COMMERCIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES (ABC LICENSE TYPE "41") IN CONJUNCTION WITH A RESTAURANT USE. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-20, requesting authorization for the on-site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2961 as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Weil asked if there was any response to the notice other than the letter that was received. Staff replied negatively. The Public Hearing was opened at 7:05 p.m. Mr. James Olson, 1101 Packers Circle #2, Tustin, presented an audio tape that stated that located next door to the restaurant is a baseball card shop that has a clientele of 80% preteen boys and that on the other side of the restaurant is a pizza parlor where many youngsters gather; that there is a Christian Science Reading Room and a Britannica Learning Center that is utilized mainly by elementary age children; that the Packers Circle area of Village Homes adjacent to the center is a senior village area and that any changes could affect the integrity and quality of life of the neighborhood; and that too many liquor licenses have been issued in the immediate area; that from September, 1990 to September, 1991 there were 382 DUI's issued in Tustin; that the ABC survey does not Planning Commission Minutes October 14, 1991 Page 3 take into account the traffic changes or growth in Tustin; and for the safety of the community, he suggests an 18-24 month study of the safety in the area. The Public Hearing was closed at 7;12 p.m. Commissioner Weil stated that she could understand Mr. Olson's concern if this was for a convenience market wanting off-site sales, but that this is a restaurant wanting to serve beer and wine in conjunction with eating; and that she is in favor of the project because it is difficult to not serve beer and wine in restaurant since people who do drink request that service. Commissioner Kasalek stated that she is sensitive to drinking and driving, but that this is a restaurant and not a bar setting; that the zoning code is specific and this applicant conforms to the code. Commissioner Le Jeune stated that many hours were spent establishing the liquor license guidelines and that the Commission should not discriminate against this restaurant. Commissioner Baker stated that he was sympathetic to the comments and also to the applicant; and that the off-site requirements are strict, but since this is a restaurant that conforms they cannot deny the application. Commissioner Le Jeune moved, Kasalek seconded to approve Conditional Use Permit 91-20, requesting authorization for the on- site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2961 as submitted. Motion carried 4-0. 4. CUP 91-23 APPLICANT: LOCATION: ZONING: ISABEL QUINTERO 15851 PASADENA AVENUE, #A2 TUSTIN, CA 92680 17292 MC FADDEN STREET, SUITE C RETAIL COMMERCIAL (C-I) DISTRICT ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH A CONVENIENCE STORE WITHIN AN EXISTING TENANT SPACE AT THE PROPERTY LOCATED AT 17292 MC FADDEN STREET, SUITE C Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2955 approving Conditional Use Permit 91-23, as submitted or revised. Presentation: Joann Perry, Associate Planner Commissioner Le Jeune noted that there is another store within 300 feet selling alcohol; and asked if there was a prohibition on pinball and video machines. Staff replied that there is a condition of approval stating that the applicant cannot sell alcohol off-site; and that there is no prohibition of game machines. Commissioner Weil asked if there was any response to noticing. Planning Commission Minutes October 14, 1991 Page 4 Staff replied that only one neighbor called specifically questioning if there would be off-site alcohol sales, and she explained that it was not included in the application. 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 he would encourage this use since that area needs this type of store. Commissioner Baker reinforced to the applicant that there is a 300 foot limit on off/site liquor sales. Commissioner Kasalek moved, Le Jeune seconded to adopt Resolution No. 2955 approving Conditional Use Permit 91-23, as submitted. Motion carried 4-0. 5. Vesting Tentative Tract Map 14366 and Desiqn Review 91-15 APPLICANT/ LANDOWNER: A-M HOMES 7 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 LOCATION: LOTS 5, 6, J AND P OF TRACT 13627 ZONING: MEDIUM-LOW DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: REQUEST: 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 91 NUMBERED AND SEVEN LETTERED LOTS FOR SINGLE-FAMILY RESIDENTIAL PURPOSES. 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. 2958; 2. approve Design Review 91-15 by adopting Resolution No. 2959, as submitted or revised; 3. Recommend City Council approval of Vesting Tentative Tract Map 14366 by adopting Resolution No. 2960, as submitted or revised. Presentation: Daniel Fox, Senior Planner Staff made changes to Item 1.8 of Exhibit A of Resolution No. 2960, as moved. The Public Hearing was opened at 7:26 p.m. Ms. Rhonda Heacock, A-M Homes, stated that the minor changes being made will bring the lots into conformance. The Public Hearing was closed at 7:27 p.m. Commissioner Le Jeune moved, Weil seconded to approve the Environmental Determination for the project by adopting Resolution No. 2958. Motion carried 4-0. gommissioner LeJeune moved. Weil seconded to approve Design Review 91-15 by adopting Resolution No. 2959, as submitted. Motion carried 4-0. Planning Commission Minutes October 14, 1991 Page 5 Commissioner Le Jeune moved, Weil seconded to recommend City Council approval of Vesting Tentative Tract Map 14366 by adopting Resolution No. 2960, revised as follows: Exhibit A, Page 3, Item 1.8: Sixth line delete "cash deposit" and insert "bond satisfactory to the City Attorney" Exhibit A, Page 6, Delete Item 5.4 and renumber the next two items accordingly. Motion carried 4-0. 6. Variance 91-15 APPLICANT: OWNER: LOCATION: ZONING: MURPHY ARCHITECTS 3700 SOUTH SUSAN #200 SANTA ANA, CA 92704 BILL AND BARBARA MATHIS 1652 BROWNING IRVINE, CA 92714 1471 NISSON ROAD C-1 (RETAIL COMMERCIAL) ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST FOR VARIANCE FROM THE CITY'S PARKING STANDARD TO ALLOW A REDUCTION FROM 34 REQUIRED SPACES TO 26 SPACES Recommendation - It is recommended that the Planning Commission continue Variance 91-15 and direct the applicant to provide a parking layout that more closely conforms to the City's parking requirements. Presentation: Becky Stone, Assistant Planner Commissioner Baker asked how much property was taken by Caltrans for Red Hill Avenue. Staff replied that approximately 180 linear feet at a depth of 15 to 25 feet was taken. The Public Hearing was opened at 7:32 p.m. Mr. Mark Murphy, Murphy Architects, stated that the driveway reconstruction was made as part of the improvements to Red Hill Avenue; that with closure of one driveway, there would only be one point of access which would be located at the service entrance; that between the two driveways, there are 4 points of utility service, and it would be prohibitive to relocate them; that they would identify the parking next to Red Hill Avenue as employee parking so as to not create a hazard; that the parking lot is usually not fully used; that they would like input from the Planning Commission for redesign of the parking configuration; and that they would like the use to go with the land. Commissioner Le Jeune noted that people loading their own furniture would take it out the door facing Red Hill Avenue. Planning Commission Minutes October 14, 1991 Page 6 Mr. Murphy replied that the entry was proposed to be relocated to the Nisson Road side of the building. Commissioner Kasalek stated that if the southwest driveway was widened it would allow enough room for the entry of cars when trucks are in the way. Mr. Murphy replied that the utilities limit how wide the driveway can be made; but that widening would improve the situation. Commissioner Weil asked if they would continue to have their parking lot sales and where it would be located; if the Red Hill frontage was not landscaped, would it be more useful; that she is concerned about the diagonal parking closest to the freeway; asked if the parking lot will be well lighted at night for backing; and suggested limiting the employee parking to a few parallel spaces instead of 6 parallel spaces. Mr. Murphy replied that the sale would be limited, but probably located in the employee parking area; and affirmed that the area would be well lit. Commissioner Kasalek stated that this looks like an accident waiting to happen due to the limited visibility around the corner of the building. Commissioner Baker asked the distance from Red Hill to the building; that he would like to see as many spaces as possible; and asked if the applicant was amenable to continuation. Mr. Murphy replied that it was approximately 35 feet; and affirmed that they would be amenable to continuation. Commissioner Weil stated that she would be willing to reduce the parking requirements due to the unique situation. Barbara Mathis, co-owner of Al's Woodcraft, stated that she would like to keep as much of the Red Hill frontage unlandscaped; that the parking lot sales provide a substantial amount of their revenue; that they need two driveways because one of the driveways is usually blocked by the delivery trucks; and that they are concerned that the variance goes with the building and not with Al's Woodcraft. The Public Hearing was closed at 7:48 p.m. Commissioner Weil stated that she would like as much of the front area left available for parking lot sales as possible; recommended 2 spaces instead of 6; that the City's layout indicated compact cars, most people drive a large car, van or truck to pick up furniture and that she would rather see 19 large spaces for convenience; and considered the applicant's request regarding curb cuts. Commissioner Le Jeune asked staff if they were mainly concerned about safety in the parking lot; and if they limited the driveways to an entrance and an exit if it would be an option. Staff affirmed; and stated that both the Engineering and Community Development Departments are concerned about the curb cuts being so close to the corner of Red Hill; that the driveway starts about five (5) feet after the corner which is a potential hazard; and that limiting the driveways may be feasible, but signage would have to be prominent to deter traffic. Planning Commission Minutes October 14, 1991 Page 7 Commissioner Le Jeune asked who would be responsible for relocation of the utilities; and if one driveway could be widened to greater than 27 feet. Staff replied that the utility companies would do the work at the applicant's expense, but that the applicant could be compensated by Caltrans; and that the driveway could be widened without impacting the utilities. Commissioner Kasalek asked if it was an option to reduce the size of the first driveway and widen the other one. Staff replied that it might be an option, but that he hesitated to make a decision without Public Work's input; that the concern is that people making a right turn onto Red Hill and into the driveway are creating a potential for an accident. Commissioner Baker asked how much further from the corner are the entrances to gas stations. Staff replied that the situation was identical, but that they are moving the driveways away from corners as they are able. Commissioner Kasalek asked what an acceptable length was from the corner. Staff replied that there is no standard; that they take it on a case by case basis. Commissioner Le Jeune stated that he approved of the employee parking area, if it could be restricted to employees. Commissioner Baker suggested a sign and/or gates for that area. Commissioner Weil suggested backup mirrors be installed. Commissioner Kasalek asked if the parking lot across the street was public or private; and was concerned about the parking configuration as it is. Staff replied that it belonged to the Stater Brothers center, but was rarely used. Commissioner LeJeune suggested a member of Public Works Department be present at the continued meeting. Commissioner Le Jeune moved, Weil seconded to continue Variance 91- 15 to the November 12th Planning Commission meeting. Motion carried 4-0. OLD BUSINESS= 7. Status Report on Southwest Neighborhood Commissioner Le Jeune asked if this program was intended for the entire city; and if there was a review board for the Police Department. Staff stated that the name of the report was changed since it encompasses the entire city; that they are recruiting for a Code Enforcement officer; and that a representative of the Police Department was involved in the review as a community liaison officer. Planning Commission Minutes October 14, 1991 Page 8 Commissioner Kasalek asked what the overcrowding ordinance would be based on; and if there was any cooperation with the school district. Staff replied that it was based on the square footage of the residential units; that they meet with representatives of the school district; and that they are closely included in the process and were sent a copy of the report. Commissioner Kasalek moved, Le Jeune seconded to receive and file the Status Report. Motion carried 4-0. NEW BUSINESS: 8. Design Review 91-27 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE BREN COMPANY 5 CIVIC PLAZA, SUITE 100 NEWPORT BEACH, CA 92660 C/O MR. WILLIAM L. MOORHOUS 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. MEDIUM DENSITY RESIDENTIAL CATEGORY; EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Recommendation - It is recommended that the Planning Commission take the following action: 1. Approve the Environmental Determination for the project by adoption of Resolution No. 2957; and 2. Approve Design Review 91-27 by adoption of Resolution No. 2956, as submitted or revised. Presentation: Joann Perry, Associate Planner Staff corrected the last paragraph of page 3 of the staff report by changing 94 to 74. Commissioner Le Jeune asked if the gates were manned or electric. Staff replied that they were electric. Commissioner Weil asked if the pedestrian gates should have a locking device on them. Staff replied that the City Council provided a policy that requires pedestrian gates be accessible where there are vehicular gates; and that there is an emergency access without gates but with a low chain limiting access. Mr. Bill Moorhous, Director of Project Management, stated that there would be a ballard across the access. Commissioner Weil noted that the fees have doubled since she was a Commissioner two years ago. Planning Commission Minutes October 14, 1991 Page 9 Commissioner Weil moved, Kasalek seconded Environmental Determination for the project Resolution No. 2957. Motion carried 4-0. to approve the by adoption of Commissioner Weil moved, Kasalek seconded to approve Design Review 91-27 by adoption of Resolution No. 2956, as submitted. Motion carried 4-0. STAFF CONCERNS: 9. Report on actions taken at October 7, 1991 City Counc~ meetinq Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Weil -Asked about the status of arranging a tour of Tustin Ranch by The Irvine Company. -Asked when the General Plan workshop would be held. -Congratulated staff on the R/UDAT being a success. -Inquired about the forming of an Economic Development Council. -Suggested having a joint meeting with the City Council regarding the CIPP report in about 6 or 8 months. -Informed staff of political signs around town which need to be taken down. Commissioner Kasalek -Informed staff that she was pleased that the City Council is supporting the multi-cultural day. -Asked if the private streets in Tustin were patrolled by the Police Department. Commissioner Le Jeune -Thanked Tustin Weekly for printing a retraction on the Sign Code editorial. -Inquired about the sign which is supposed to be placed inside the Tustin Car Wash. -Suggested a change in the wording of the opening statement. -Informed staff of a monument sign at Packer's Square which is damaged. -Asked staff to check and see if the ranch market in Packer's Square is selling alcohol for consumption on the premises. -Asked if staff will be reviewing and updating the parking ordinance. Planning Commission Minutes October 14, 1991 Page 10 Commissioner Baker -Asked if the statistics stated by Mr. Olson could be part of an element that could be included in the Community Improvement Program. ADJOU~"~: Commissioner Le Jeune moved, Weil seconded to adjourn the meeting at 8:40 p.m. Motion carried 4-0. The next regular meeting of the Planning Commission is on October 28, 1991 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin.. ~~_~. ,f'~ A~.--L. Ba~ Chairman Kathleen ClanCy 0~ Secretary