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Home My WebLink AboutPC Minutes 07-08-91MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 8, 1991 CALL TO ORDER: 7: 01 p.m., City Council Chambers PLEDGE OF ~LLEGI~NCE/INVOC~TION ROLL CALL: Present: Shaheen, Baker, Kasparian, Kasalek Absent: Le Jeune 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 June 24, 1991 Planning Commission meeting. Commissioner Baker moved, Kasale~ seconded to approve the Consent Calendar with the minutes being revised as follows: Under OLD BUSINESS: Item #4, Motion carried should be changed to 4-0 not 5-0 since Commissioner Baker left the meeting prior to the motion on this item. Motion carried 4-0. PUBLIC HE~%RINGS: Tentative Tract Hap ~4597, Desiqn Review 90-5Q and ~illsi~e Review 91-01 APPLICANT/ OWNER: LOCATION: FOOTHILL COMMUNITY BUILDERS 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CA 92658 LOTS 9, 10, Y, DD AND A PORTION OF PARCEL B OF TRACT 13627 ZONING: ENVIRONMENTAL STATUS'. 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 Planning Commission Minutes July 8, 1991 Page 2 REQUEST: ADDITIONAL ENVIRONMENTAL DOCUMENTATION IS REQUIRED. 1. AUTHORIZATION TO CREATE 118 NUMBERED LOTS AND 44 LETTERED LOTS BY SUBDIVIDING APPROXIMATELY 63.6 ACRES FOR THE ULTIMATE DEVELOPMENT OF SINGLE-FAMILY DETACHED DWELLINGS. 2. APPROVAL OF THE CONCEPTUAL LANDSCAPE PLANS AND RELATED SITE IMPROVEMENTS. 3. APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE REVIEW. Recommendation - It is recommended that the Planning Commission continue these items until their next regularly scheduled meeting of July 22, 1991. Presentation: Daniel Fox, Senior Planner Commissioner Baker moved, Kasparian seconded to continue this item until the next regularly scheduled meeting of July 22, 1991. Motion carried 4-0. 3. Zoninq Ordinance Amendment 91-01 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: UNION BANK TRUST DEPARTMENT (TRAIL-A-WAY MOBILE HOME PARK) 1782 NISSON ROAD MOBILEHOME PARK DISTRICT (MHP) A NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ADDITION OF CITY CODE SECTION 9227(B)(2)(c) TO THE MOBILEHOME PARK (MHP) DISTRICT EXEMPTING EXISTING LEGAL CONFORMING AND LEGALLY NONCONFORMING PARCELS FROM NONCONFORMING OR INCREASED NONCONFORMING STATUS RELATED TO DENSITY REQUIREMENTS ONLY WHEN THE NONCONFORMITY OR INCREASED NONCONFORMITY IS RESULTANT FROM THE ACQUISITION OF PUBLIC RIGHTS-OF- WAY BY PUBLIC AGENCY Recommendation - It is recommended that the Planning Commission: 1. Adopt Resolution No. 2919, recommending to the City Council certification of the final Negative Declaration for the project; and 2. Adopt Resolution No. 2918, recommending to the City Council approval of Zoning Ordinance Amendment 91-01, as submitted or revised. Presentation: Joann M.S. Perry, Associate Planner Staff made corrections to the staff report, as moved; and noted that she will verify the figures of Table 1 on Page 4. Commissioner Kasparian asked if there would just be a small difference in the figures. Staff affirmed and noted that it would only be approximately 1/100 of an acre. Commissioner Baker asked staff to confirm that this issue is regarding the removal of the northerly row of mobile homes and the new wall that will be installed. Staff affirmed and noted that they had a recreation facility and coaches removed, but that the proportion of coaches taken was less Planning Commission Minutes July 8, 1991 Page 3 than the land that was taken; and that they meet all development standards, but because of the configuration, the density on paper is greater than what is allowed. Comm~ss%oner Shaheen asked if they would be installing a wall along the street. Staff affirmed. The Public Hearing was opened at 7:13 p.m. The Public Hearing was closed at 7:14 p.m. Commissioner Kasalek moved, Baker seconded to adopt Resolution No. 2919 recommending to the city Council certification of the final Negative Declaration for the project. Motion carried 4-0. Co~m%ssioner Kasalek moved, ~aker seconded to adopt Resolution No. 2918 recommending to the city Council approval of Zoning Ordinance Amendment 91-01 as revised: The Code amendment referenced on Page 5, paragraph 3 should be 9227 B 2(C) . Motion carried 4-0. 4. Condi%ional Use Permit 9~-09 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE OLIVE GARDEN ITALIAN RESTAURANT GENERAL MILLS RESTAURANTS, INC. P.O. BOX 59330 ORLANDO, FLORIDA 32859-3330 ATTENTION: MS. CHARLENE FAULEY SAME 17320 SEVENTEENTH STREET 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, WINE AND DISTILLED SPIRITS FOR CONSUMPTION ON PREMISES (ABC LICENSE TYPE "47") IN CONJUNCTION WITH A RESTAURANT USE Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-09 requesting authorization for the on-site sale of beer, wine and distilled spirits for consumption on premises only by adopting Resolution No. 2917 as submitted or revised. Presentation: Daniel Fox, Senior Planner CommissiQner Shaheen asked if the applicant was eliminating off- site sales of alcohol. Staff affirmed. Commissioner Kasalek asked why coin operated games were not allowed. I III I ! I !!1 Planning Commission Minutes July 8, 1991 Page 4 Staff replied that they are guidelines; and that the Planning Commission could consider any request made. Commissioner Kasparian noted a typographical error in Item 5 on Page 2 of Resolution No. 2917: "of older" should be "or older"; and asked if Item 2.1 of Exhibit A of Resolution 2917 refers to beer, wine and distilled spirits. Staff affirmed. The Public Hearing was opened at 7:18 p.m. The Public Hearing was closed at 7:19 p.m. Commissioner Baker moved, Kasparian seconded to approve Conditional Use Permit 91-09 requesting authorization for the on-site sale of beer, wine and distilled spirits for consumption on premises only by adopting Resolution No. 2917 as revised: Item 5, Page 2 should be corrected to read: "...or older" Motion carried 4-0. OLD BUSINESS: 5. Status Reports Received and filed. Commissioner Kasparian asked for clarification of the columnar numbers. Staff clarified that the numbers the Commissioner was referring to may have been counted elsewhere in the report; and stated that staff will try to provide a reformatted report that is more clear. Commissioner Kasparian asked about the notation regarding the Orange County News and if it represents the entire project. Staff affirmed and replied that the Commission approved the amendment to the CUP; and that Continental Cable was required to underground the utilities prior to Orange County News installing their antenna. 6. Traffic Controller Cabinet Recommendation - It is recommended that the Planning Commission adopt new guidelines for preparing and approving plans for installations of new traffic signal controller cabinets. Presentation: Rita Westfield, Assistant Director of Community Development Commissioner Kasparian noted that his main concern was not aesthetics, but that the cabinets seem to cut down effective pedestrian traffic and wheel chair access; and asked if number 5 on Page 1 is a State requirement, or from Public Works. David Gross, BSI Consultants, complimented staff; clarified that the State requirement is slightly less than what is required by the city. Planning Commission Minutes July 8, 1991 Page 5 Commissioner Kaspari~n asked for a clarification of the difference between four and five feet in Number 5. Staff replied that they will provide four (4) feet clearance when there is an inadequate existing right-of-way; and that five (5) feet is optimal. Commissioner Kasparian asked what the width of a wheel chair is. Mr. Gross replied that 32 inches is the state guideline. Commissioner Kasparian asked if staff felt comfortable with only a ten (10) inch clearance to the curb for someone in a wheel chair. Mr. ~oss affirmed. Commissioner Kasparian asked if the Commission would receive a draft before the final guidelines are in place. Staff replied that these are the guidelines that Public Works will incorporate into their review process; that items 1-9 are in place; and that this is the final report. ~ommiss~oner Kasparian asked if any of the guidelines would be retroactive. Staff replied that the guidelines would be in place for any right- of-way work or where any work would affect the existing location of a cabinet; but that there will be none changed otherwise. Commissioner Kasparian asked if the State would require any to be changed if they determine a wheel chair cannot gain access. Mr. Gross replied that if there was a finding that there was inadequate clearance it would be changed. Comm~ssione¥ Kasparian moved, Kas~ek seconded to adopt, by minute motion, new guidelines for preparing and approving plans for installations of new traffic signal controller cabinets. Motion carried 4-0. NEW BUSINESS~ 7. Desiqn Review 91-12 APPLI CANT: LAND OWNER: CRAB COOKER OF NEWPORT,INC. 2200 NEWPORT BLVD. NEWPORT BEACH, CA 92663 EMS DEVELOPMENT 14081 SOUTH YORBA STREET, SUITE 107 TUSTIN, CA 92680 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 17260 E. SEVENTEENTH STREET ENDERLE CENTER PLANNED COMMUNITY (COMMERCIAL) THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303(C) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE EXTERIOR OF A RENOVATED RESTAURANT TO BE PAINTED RED Recommendation - Pleasure of the Commission. · ....T 1- -11-11[ ..... 1 ll'-r I '-' -1- I ! '1 --F - Planning Commission Minutes July 8, 1991 Page 6 Presentation: Paula Rankin, Associate Planner Commissioner Kasparian asked if the ivy will remain on the walls. Staff replied that the ivy will be removed. Commissioner Kasparian asked if they would only be serving beer and wine. Staff affirmed; and noted this is not a Public Hearing, but that the applicant would like to present a few slides. Todd Schooler, architect, noted that the Crab Cooker has had a long and successful history as a family restaurant; that color is not usually the main issue of a building, but that the owners of the Crab Cooker require the color for identification. Commissioner Shaheen asked if there would be a landscaping plan to subdue the red color. Mr. Schooler replied that landscape architecture is part of the plans. Commissioner Baker asked if the salmon color on the illustration was the actual color of the building. Mr. Schooler replied that the red paint chip was the actual color, except that it will not be glossy and will be dulled by the stucco. Commissioner Baker commented that the Crab Cooker in Newport Beach has more glass. Jim Wasco, Vice President of Crab Cooker, stated that it was imperative that this building be red with green and white awnings; since they have been the business colors since the inception. He then presented a slide presentation. He continued with noting that this building has never had a successful business and that they would like to bring a successful landmark to Tustin, but that they need their colors to do that. Commissioner Kasparian asked if the original building was stucco or brick; and asked if the ivy will be removed. Mr. Wasco replied that it was smooth stucco, and the that new building will not glean as much since it is a rough stucco; and that the ivy will be removed for painting. Commissioner Baker asked if they will include the green and white awnings. Mr. Wasco affirmed. Mr. Schooler stated that the current restaurant has 125 seats, and that this application if for 150 seats. Commissioner Kasparian asked the height of the building, and if it was similar to the current building. Mr. Was¢o replied that it is 28 feet with an addition to the top bringing it to about 33 feet; that it is approximately the same Planning Commission Minutes July 8, 1991 Page 7 height as the other building; and that the current building is just under 6,000 square feet, and this is just over 6,000 square feet. Commissioner Kasparian stated that he hoped the color will decrease in intensity from the chip, but that he felt that this would be a good location for a red building. Commissioner Baker stated that they are concerned with setting a precedent, but that he is in favor. Commissioner Kasalek stated that she is in favor of the building, and that the color is part of the unique character; and that it is a landmark building that would be an asset to the City. Commissioner Shaheen felt that it would be a great addition. Commissioner Kasparian moved, Baker seconded to adopt, by minute order, the exterior of a renovated restaurant to be painted red. Motion carried 4-0. STAFF CONCERNS: 8. Report on actions taken at July 1, 1991 City Council meetinq. Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Baker -voiced concern over graffiti and gang activity in Tustin. Commissioner Kasalek -noted that the police department is taking a proactive approach in handling graffiti and gang activity. -mentioned a letter in Tustin News voicing concerns for handicapped people in relation to curbs and traffic lights. Staff will transmit this to the Public Works Department. ADJOURNMENT: Commissioner Baker moved, Kasparian seconded to adjourn the meeting at 7:57 p.m. The next regular meeting of the Planning Commission is on July 22, 1991 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. Chairman Kathle~n Clanc~ -- ~7~ Secretary i- -Ii'lr ....... 1--11--F ! !--!I1