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HomeMy WebLinkAboutPC Minutes 05-13-91M T N U T E S TUSTIN PL~ING COMMISSION REGUL~R~EETING I~Y L3~ L99L CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIaNCE/INVOCATION ROLL CALL: Present: Le Jeune, Shaheen, Baker, Kasparian, 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 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 CALENDARARE 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 April 22, 1991 Planning Commission meeting. Conditional Use Permit 91-01, Variance 91-08, and Design Review 91-07 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STEVE PAQUETTE 542 GREENBRIER SANTA ANA, CA 92705 NORMAN FRITZ 15734 NEWTON STREET HACIENDA HEIGHTS, CA 911745 135 SOUTH PROSPECT AVENUE FIRST STREET SPECIFIC PLAN PRIMARY USE COMMERCIAL AS A THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1) AUTHORIZATION OF A CONDITIONAL USE PERMIT TO ESTABLISH A TIRE SALES AND SERVICE BUSINESS IN AN EXISTING BUILDING WITH RELATED SITE IMPROVEMENTS. 2) AUTHORIZATION OF A VARIANCE TO DEVIATE FROM THE PARKING REQUIREMENTS IN VARIOUS PORTIONS OF THE SITE. r- ......... 1----I!111F ' liFT--l--' I I!1 I Planning Commission Minutes May 13, 1991 Page 2 Recommendation - It is recommended that the Planning Commission deny Conditional Use Permit 91-01, Variance 91-08 and Design Review 91-07 by adopting Resolution No. 2906 as revised. Commissioner Kasparian asked for a clarification of the last sentence on page 3 of the minutes. The Director replied that staff was representing that the owners could convert after the term of the bond terminated which could be 15 to 20 years from now. The minutes were pulled from the consent calendar for corrections as follows: Item # 3 - the voting to recommend approval to the City Council did not show the motion being carried. The minutes were changed to show the motion being carried 5-0. Commissioner Baker moved, Kasalek seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 3. Conditional Use Permit 91-05 APPLICANT: PASTA PRESTO, INC. 9774 KATELLA AVENUE #E ANAHEIM, CA 92804 OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CHAMPION DEVELOPMENT 200 OCEANGATE, 12TH FLOOR LONG BEACH, CA 90802 13662 NEWPORT AVENUE #Bi0 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 91-05 by adopting Resolution No. 2909 as submitted or revised. Presentation: Becky Stone, Assistant Planner The Public Hearing opened at 7:07 p.m. The Public Hearing closed at 7:08 p.m. Commissioner Baker moved, Shaheen seconded to approve Conditional Use Permit 91-05 by adopting Resolution No. 2909 as submitted. Motion carried 5-0. 4. Conditional Use Permit 91-02 and Desiqn Review 90-23 APPLICANT: CONGREGATION B'NAI ISRAEL 655 B STREET TUSTIN, CA 92630 OWNER: CONGREGATION B'NAI ISRAEL Planning Commission Minutes May 13, 1991 Page 3 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 2111 BRYAN AVENUE PLANNED COMMUNITY RESIDENTIAL (PCR) AND EAST TUSTIN SPECIFIC PLAN - 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 TEMPLE AND EDUCATIONAL FACILITIES IN A COMMUNITY FACILITY DISTRICT OF THE EAST TUSTIN SPECIFIC PLAN, AND APPROVAL OF DESIGN REVIEW FOR THE FACILITIES. Recommendation - It is recommended that the Planning Commission: 1. Approve the Environmental Determination for the project by adopting Resolution No. 2900. 2. Approve Design Review 90-23 and Conditional Use Permit 91-02 by adopting Resolution No. 2901, as revised or submitted. Presentation: Becky Stone, Assistant Planner Staff made changes to Item 2.3 of Resolution No. 2901, as moved. Commissioner Kasparian asked for a clarification of the location of "Logo B". Staff replied that it refers to the stylized menorah. CommSssioner Kasparian asked if a paragraph should be added regarding the need for an archeologist and a paleontologist being on-site. Staff replied that there are no archeological findings on this site. The Director replied that it is generally a standard condition, but that this project would not go below the rough grade conditions. Commissioner Kasparian noted that it is next to an substation and asked if the resolution should have a allowing the applicant to build next to a substation. Edison caveat John Shaw, City Attorney, replied that the Commission has immunity from liability claims; and that based on the Commission's decision, a caveat is not necessary. Commissioner Shaheen asked if they were approving the project in its entirety this evening. Staff responded that they are approving the Conditional Use Permit for the use this evening; that Phase I will be developed as soon as permits are issued; but that Phase II will have to go through the Design Review process and come before the Planning Commission. Commissioner Le Jeune asked if all parking stalls illustrated would be installed for Phase I; and asked if the area for Phase II will be vacant and are there any requirements to maintain it. Staff affirmed, and noted that at Plan Check each space will be checked for conformance; that the area will be vacant and adequately buffered; and provided language requiring the applicant to keep the area free of weeds, as moved. ¢o~missioner ~spar~an asked for a clarification of a "permanent elevation" as noted in Item 2.6. T I!1 I I I!1 Planning Commission Minutes May 13, 1991 Page 4 Staff replied that the north elevation of the illustration presented was void of decorative detail, and if Phase II has not occurred in seven (7) years, they will have to provide an elevation that is not temporary; they will have to submit drawings and build a facade. The Public Hearing was opened at 7:20 p.m. The Public Hearing was closed at 7:21 p.m. Commissioner Shaheen moved, Baker seconded to approve the Environmental Determination for the project by adopting Resolution No. 2900. Motion carried 5-0. Commissioner Shaheen moved, Baker seconded to approve Design Review 90-23 and Conditional Use Permit 91-02 by adopting Resolution No. 2901 revised as follows: At the applicant's request: Exhibit A, Page 2, Item 2.3: "forty (40) children" should be changed to "sixty four (64) children". Exhibit A, Page 2, Add Condition 2.8: "Underdeveloped portions of Phase II shall be kept maintained and relatively free of high growing weeds." Motion carried 5-0. The Director introduced Joanne Perry as the new Associate Planner. e Zone Chanqe 90-01, Tentative Parcel MaD 90-292 and Tentative Parcel Map 90-293 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BEDFORD CAPITAL, INC. 3002 DOW AVENUE #118 TUSTIN, CALIFORNIA 92680 ATTENTION: MR. STEVE DUNN NORTHWEST CORNER OF EDINGER STREET AND JAMBOREE ROAD PC-IND (PLANNED COMMUNITY - INDUSTRIAL) IT HAS BEEN DETERMINED DESIGNED AND CONDITIONED SIGNIFICANT EFFECT ON THE NEGATIVE DECLARATION HAS ACCORDANCE WITH PROVISIONS ENVIRONMENTAL QUALITY ACT 1. MODIFY EXISTING IRVINE THAT THIS PROJECT AS WOULD NOT HAVE A ENVIRONMENT AND A BEEN PREPARED IN OF THE CALIFORNIA INDUSTRIAL COMPLEX DISTRICT REGULATIONS IN THE PC-IND DISTRICT REGULATIONS AND ADOPT NEW JAMBOREE PLAZA DISTRICT REGULATIONS IN THE PC-IND DISTRICT. AUTHORIZATION TO SUBDIVIDE APPROXIMATELY 19.1 ACRES INTO 23 NUMBERED PARCELS AND 3 LETTERED PARCELS TO ACCOMMODATE APPROXIMATELY 142,360 SQUARE FEET OF RETAIL, AUTO SERVICE, OFFICE AND INDUSTRIAL USES AND A 32,000 SQUARE FOOT CHP FACILITY; AND AUTHORIZATION TO SUBDIVIDE THE 5.3 ACRE PARCEL 23 OF TENTATIVE PARCEL MAP 90-292 INTO 6 NUMBERED PARCELS AND 1 LETTERED PARCEL TO ACCOMMODATE APPROXIMATELY 60,000 SQUARE FEET Planning Commission Minutes May 13, 1991 Page 5 OF OFFICE AND INDUSTRIAL USES IN THE EVENT THAT THE CHP FACILITY IS NOT REALIZED. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Certify the Negative Declaration as adequate for the projects by adoption of Resolution No. 2910; 2. Recommend to the City Council approval of Zone Change 90-01 adopting new Jamboree Plaza District Regulations in the PC-IND District by adoption of Resolution No. 2911 as submitted or revised; 3. Recommend to the City Council approval of Tentative Parcel Map 90-292 by adoption of Resolution No. 2912, subject to conditions as submitted or revised; and 4. Recommend to the City Council approval of Tentative Parcel Map 90-293 by adoption of Resolution No. 2913, subject to conditions as submitted or revised. Presentation: Daniel Fox, Senior Planner Comm%ssioner Shaheen asked how the parking distribution was evaluated. Staff replied that they looked at the parking areas associated with the buildings; that based on the square footage requirements of the industrial and automotive buildings, they drew a circle around the buildings and determined that there is enough parking to serve the buildings. Commissioner Kasparian asked if this parcel is part of the MCAS; and if this is the first step in breaking up of the base. Staff replied that in 1989, the Planning Commission approved a zone change to change from Public and Institutional to Industrial Land Use and Planned Community Industrial Zoning designations as part of the Edinger Avenue realignment; and that this has nothing to do with the base closure, only to do with the realignment. Commissioner Kasparian asked if the showers and lockers were for the public or if they are inside the larger buildings; and if the listing of stores was complete. Staff replied that they would be available to the tenants of the facilities, not the public; that the uses are from the current City Code for Cl and C2 commercial districts; that the applicant has elected to eliminate heavy uses for compatibility; and that for uses not listed, the Commission can consider uses that are similar. Commissioner Kasparian asked about the condition on Page 10 prohibiting the keeping and raising of mink. Staff replied that it is part of the prohibitions of the uses of the Browning Corridor. The Director responded that the prohibition is due to a similar situation in which the noise of the approach bothered the mink and could create a legal problem for the City. Commissioner Kasparian asked about limitation of uses on Page 16; and if mechanical is all-inclusive. Staff replied that it applies to all uses, not specifically vehicular or electrical. The Director provide language to olarify the issue, as moved. r ....... ]Fir ..... FT-J !- II I 3 Planning Commission Minutes May 13, 1991 Page 6 Commissioner Kasparian asked about the height of fences and walls, and if they can be as low as two (2) feet and up to twelve (12) feet. Staff affirmed that they can be as low as two (2) feet and as high as twelve (12) feet. Commissioner Le Jeune asked if a master sign plan has been proposed. Staff affirmed and noted that it will be consistent with the City Sign Code; and that areas A, B, and C will be developed with the shopping center guidelines, and area D will be developed with the industrial standards. The Public Hearing was opened at 7:46 p.m. Kevin Hanson, Vice President of Regional Management for Bedford Properties, Inc., 3002 Dow Avenue, Suite 118, Tustin, noted that they have been working on this project with Tustin and Irvine for ten (10) months. The Public Hearing closed at 7:47 p.m. Commissioner Kasparian asked for a clarification of Page 25 of the Traffic Impact Analysis. James Kawamura, KHR Associates, 18500 Von Karman Avenue, Irvine, replied that there was very little empirical data available for analysis of the CHP facility; that they studied the Santa Ana CHP facility for two (2) days; that they had to apply the data from the 9,000 square foot building to the new facility which would have 32,000 square feet, and created a worst case scenario; that there may not be a direct correlation, but assumed triple in size meant triple trip generation, even though this may just be a larger facility without a correlating increase in staff; and that additional uses such as vehicle inspection and storage may be available. Commissioner Kasparian asked which days the study was made on; and if he was confident that it was a good average. Mr. Kawamura responded that the study was done mid-week; that the counts are valid; that a CHP facility is active 24 hours a day with peak hours that are not the same as traditional peak hours; that this represents a first in collecting this type of data; and can be used successfully with this project. Commissioner Kasparian asked how the other trip generation rates were determined; and noted that it was interesting that there is no empirical data for these issues. Mr. Kawamura replied that the trip generation rates were available from readily available rates published by the Institute of Transportation Engineers, excepting the car wash which was derived from the study done for the Tustin Auto Spa; and that they intend to submit this empirical data to the Institute of Transportation Engineers to increase their traffic generation manual. CQmRissioner KasDarian, referring to the table on Page 2, asked why, after all the mitigation measures, there are so many D and F ratings remaining which are levels that the City does not accept. Planning Commission Minutes May 13, 1991 Page 7 Mr. Kawamura responded that the cumulative impact goes beyond the scope of this project, including the Pacific Center East Project and the Village 38 Development in Irvine which will generate over 100,000 trips; that the long range problems of both cities need to be addressed; that the levels of service on the table referred to indicate that this project has little impact on the existing levels of service which are fairly good at this time; that this project would only decrease the level of service for one roadway segment and would still be within an acceptable range; and that two intersections in Irvine will continue to get worse with or without the project and the project will have a detrimental impact on the intersection of Edinger and Jamboree Road; and that the improvements made as part of the mitigation measures will improve the levels of service at that intersection by two levels. Commissioner Kasparian commented that this was probably the best that could be determined. Mr, Kawamur~ replied that this is all that can be expected of this project; that the cumulative impacts of the two larger developments need to be addressed when the projects are closer to completion. The Director clarified that the existing project plus the cumulative do not deal with all of the mitigation measures that have been conditioned on the future projects; that there will be mitigation measures that will be implemented when the future projects come before the Commission; that some infrastructure, such as the Newport Avenue extension and the new ramps, is not reflected in terms of the cumulative traffic condition; that the Commission did impose improvements on the Pacific Center East Project that will bring down the service levels; that they should isolate the impacts of this project; and that there is a condition on the Pacific Center East Project that will alleviate some of the problems, but it is not a mitigation measure to impose on this project. Mr. Kawamura noted that the Eastern Transportation Corridor will mitigate the Village 38 project; and that these measures were not included in the report because they were not specifically relevant to the Jamboree Plaza. The Director commented that with Measure M and ABlll the City is in a congestion management program with the County and cannot legally approve projects that result in service levels in excess of D. CommSssioner Shaheen moved, Baker seconded to certify the Negative Declaration as adequate for the projects by adoption of Resolution No. 2910. Motion carried 5-0. Commissioner Shaheen moved, Kasalek seconded to recommend to the City Council approval of Zone Change 90-01 adopting new Jamboree Plaza District Regulations in the PC-IND District by adoption of Resolution No. 2911 revised to include Planning Commission transmittal materials and also the following: Jamboree Plaza District Regulations, Page 16, under the heading H. Limitation of Uses, Number 1. should be changed to read: "All business activity, with the exception of outdoor seating as otherwise noted, and mechanical work shall take place entirely within the building. No vehicular repair shall take place in any parking space or drive aisle." Motion carried 5-0. 1- 'lffrllt T'll-E--I- ...... I II I I Planning Commission Minutes May 13, 1991 Page 8 Commissioner Shaheen moved, Baker seconded to recommend to the City Council approval of Tentative Parcel Map 90-292 by adoption of Resolution No. 2912, subject to conditions as submitted. Motion carried 5-0. Commiss$oner Shaheen moved, Kasalek seconded to recommend to the City Council approval of Tentative Parcel Map 90-293 by adoption of Resolution No. 2913, subject to conditions as submitted. Motion carried 5-0. OLD BUSINESS: 6. General Plan Workshop Invitation Commissioner Kasalek asked who the invitation was sent to. The Director replied that it was published in the newspaper and sent to major homeowners associations, major public service organizations, commissions, Chamber of Commerce, the school district, the Marine Corps., etc. Commissioner Shaheen asked how the Commission participates. The Director suggested that they participate as individuals. Commissioner Baker asked if there would be additional workshops. The Director replied that there will be additional workshops for the Planning Commission sitting as the Commission; but this is an introduction for the Community. Received and filed. NEW BUSINESS: STAFF CONCERNS: 7. Report on actions taken at May 6, 1991 City Council meeting. Staff reported on the subject agenda. Commissioner Le Jeune asked what the cost of a surety bond was. The Director replied that a surety bond requires a difference of 10% of the total construction cost. Commissioner Kasparian asked about a discussion at the Redevelopment Meeting regarding buying, renting, or leasing a building on the southwest corner of Santa Clara and Prospect, which is a residential home. The Director clarified the location as being on the southeast corner of Prospect and Second Street. COl(MISSION CONCERNS: Commissioner Kasparian -Inquired as to the status of the sign code. Planning Commission Minutes May 13, 1991 Page 9 Staff responded that amendments were being done and that staff would bring a whole draft back to the Commission before it goes to the Chamber of Commerce. -Received an invitation to the opening of Acura dealership after the date indicated. Would like to have staff open the Commission's mail and forward any time sensitive mail. Commissioner Le Jeune -Asked staff to respond to a letter from the Orange County Housing Authority regarding a presentation. -Inquired as to the status of property on the corner of Newport and E1 Camino Real. Staff indicated that the referenced property was going before the City Council on May 20th. -Inquired as to the status of the hospital property at Newport Avenue and Sycamore Avenue. Staff responded that the Code Enforcement Officer would be following up on that property. -Asked if the City has considered producing a report for the public showing the City's water consumption. -Received a letter from property owner in Old Town which contained suggestions for the kiosk and Old Town. Felt that his ideas were good and needed a response from Staff or the Commission. Commissioner Shaheen moved, Le Jeune seconded to adjourn the meeting at 8:27 p.m. Motion carried 5-0. Due to the Memorial Day holiday, the next regular meeting of the Planning Commission will be on Tuesday, May 28, 1991 at 7:00 p.m. in the City Council Chambers, 30~.~e~tennial~ay,~ T~s~' . Don~d Le ~L~h~'~-~ Chairman thleen~ clancy Secretary '--- 1-- ---1- '11111F ...... I II I I I ! ! I