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HomeMy WebLinkAboutPC Minutes 04-08-91 M I NUT ~ S TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 8, 1991 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: LeJeune, Shaheen (left at 9:10 p.m.), 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 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 March 25, 1991 Planning Commission meeting. 2. Final Tract Map 14188 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STANDARD PACIFIC, L.P. 1565 WEST MAC ARTHUR BOULEVARD COSTA MESA, CALIFORNIA 92626 LOTS 5 AND H OF TRACT 12870 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 19.162 ACRES INTO 57 NUMBERED LOTS AND FOUR LETTERED LOTS TO ALLOW THE CONSTRUCTION OF 57 SINGLE-FAMILY LOW-DENSITY DWELLINGS. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2892, as submitted or revised, recommending approval of Final Tract Map 14188 to the City Council. Presentation: Paula Rankin, Associate Planner Commissioner Le Jeune moved, Kasa%ek seconded to approve the Minutes from March 25, 1991 and to pull Item #2 from the Consent Calendar for discussion. Motion carried 5-0. Planning Commission Minutes April 8, 1991 Page 2 Commissioner Kasparian asked if the Irvine Ranch Water District would be serving the area covered in the tract map since they signed off on the map. Staff affirmed. Commissioner Le Jeune moved, Shaheen seconded to approve Item #2 of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 3. Conditional Use Permit 90-30, Variance 91-05 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. DALJIT SINGH 17292 MC FADDEN AVENUE, #A TUSTIN, CA 92630 DE CLARKE PROPERTIES c/o AMERILAND 1038 NORTH TUSTIN, SUITE 600 ORANGE, CA 92667 17292 MC FADDEN AVENUE, #A RETAIL COMMERCIAL (C-i) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: 1. AUTHORIZATION FOR ON-SITE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES (ABC LICENSE TYPE 41); OUTDOOR SEATING; AND VARIANCE FOR REDUCTION OF THE PARKING REQUIREMENT IN CONJUNCTION WITH A RESTAURANT USE. Recommendation - It is recommended that the Planning Commission 1. Approve Conditional Use Permit 90-30 by adopting Resolution No. 2894, and 2. Deny Variance 91-05 by adopting Resolution No. 2895 as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Baker asked if amplification would be allowed. a live performance without Staff responded that Item 2.9 indicates that if music, entertainment, or dancing were provided, a noise analysis would be required guaranteeing that the noise levels would not exceed City standards; that a band would be considered a special event and would require a noise analysis before the event. Commissioner Baker asked how a noise analysis was requested. The Director replied that through the special business license process, a noise consultant projects by type of event the noise levels expected; and that there is information available that indicates the level of amplification created by certain types of equipment; that no amplification is allowed, but other entertainment requires a special business permit, and no such activity shall occur without a noise analysis. CommissiQner Le Jeune asked for a clarification of the seating· Planning Commission Minutes April 8, 1991 Page 3 Staff replied that the applicant would like to add 16 seats to the patio, which would require a variance; and that the city would like to approve the use of the patio. Commissioner Le Jeune asked if approval of the patio also approves the additional parking spaces; or if they would only be approved for seating of 18 as restricted by the six parking spaces provided. Staff affirmed and noted that Condition 1.7 would allow only 18 seats without the variance. Commissioner Shaheen asked if there was another restaurant at the other end of the center, and if it was a sit-in or take-out. Staff replied that it is a sit-in with a patio. Commissioner Kasalek asked for a clarification of the parking/ seating ratio. Staff replied that when this center was developed, they had to comply with parking by providing 71 parking spaces for the amount of square footage in the center, barely meeting code. Commissioner Shaheen asked if the landlord's lease supersedes the City's parking allocation. The Director replied that the City does not get involved with the transactions between the owners and their tenants; that, in terms of use restrictions, the City Zoning ordinance provides the maximum degree of authorization for the use; and that the owners are notified of the hearings. Commissioner Kasparian asked if Resolution No. 2895 ties together reduction of parking from 11 spaces to six spaces, and provides for an additional 16 seats. Staff affirmed. Commissioner Kasparian asked if the applicant would be willing to take the additional 16 seats and leave the parking at 11 spaces. Staff clarified the issue by stating that the applicant only has six spaces now and that the variance is to allow the seating for 11 spaces. ¢o~miss~oner Kasalek asked if there was a shared parking option. The Director replied that unlike the Irvine Business Center where there are reciprocal parking agreements, the standard zoning ordinance has no such provisions; and unless the Commission wishes to make a finding to justify the variance, there is nothing in the zoning ordinance to support the shared concept. Commissioner Baker asked if there was a Conditional Use Permit on this location at one time. The Director replied that the police call-outs have been related to alcohol abuse in the past; and that there may not have been abuse of ABC requirements, but alcohol related disturbances on the site. The Public Hearing was opened at 7:18 p.m. Commissioner Kasalek asked the applicant what the business operating hours were. Planning Commission Minutes April 8, 1991 Page 4 Mr. Daljit Singh, speaking on behalf of the Guru Palace, responded that they were open for lunch from 11:00 a.m. to 3:00 p.m.; closed from 3:00 p.m. to 5:00 p.m.; and open for dinner from 5:00 p.m. to 10:00 p.m. closing at 11:00 p.m. The Public Hearing was closed at 7:19 p.m. Commissioner Shaheen indicated that he had no problem with them serving alcohol since they serve food; that they should not have additional parking since there may not be adequate parking if the vacant stores were filled. Commissioner Kasalek noted that it looks like a large parking lot, but that there are a lot of vacancies; that a reciprocal agreement might be a consideration, but, since he is allowed a limited number of spaces per square foot, there is no option but to deny the extra seating. Commissioner Baker agreed with the CUP for the on-site beer and wine consumption; but not the additional seating. Commissioner Kasparian agreed. Commissioner Le Jeune stated that there were no findings to grant the parking variance. Commissioner Shaheen moved, Baker seconded to approve Conditional Use Permit 90-30 by adopting Resolution No. 2894 as submitted. Motion carried 5-0. Commissioner Shaheen moved, Kasparian seconded to deny Variance 91- 05 by adopting Resolution No. 2895 as submitted. Motion carried 5- 9. 4. Variance 91-03 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MICHAEL PORTO 18195 MC DURMOTT EAST, SUITE C IRVINE, CA 92714 WILLIAM H. LAUER 140 SOUTH "B" STREET TUSTIN, CA 92680 140 SOUTH "B" STREET THE NORTH PORTION OF THE MULTIPLE-FAMILY RESIDENTIAL PORTION OF THE PROPERTY IS RESIDENTIAL (R-i) PROPERTY IS ZONED (R-3), AND THE SOUTH ZONED SINGLE-FAMILY THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO ALLOW TWO GARAGES TO ENCROACH INTO THE REQUIRED 5-FOOT SETBACK. Recommendation - It is recommended that the Planning Commission approve Variance 91-03 by adopting Resolution No. 2896, as submitted or revised. Presentation: Becky Stone, Assistant Planner Staff made changes to Resolution No. 2896 by removing Item 2.7, as the resident does not have to conform with parking standards since Planning Commission Minutes April 8, 1991 Page 5 he is not changing the residential property; and by changing Page 2, Item C.2, as moved. Commissioner Le Jeune asked for a clarification of the elimination of the five (5) foot setback for the new garage on the south side. Staff replied that they want to eliminate the dead space; that the Community Development Department requires a minimum turning radius of 25 feet, and that he would only have a 20 foot radius otherwise. Commissioner Kasparian asked if staff indicated that the applicant is making the changes in preparation for making future changes. Staff replied that, at this time, they only want to provide the maximum parking possible at this time for their tenants. Commissioner Kasparian asked if the changes were city-mandated or based on the individual's request. The Director responded that the applicant originally wanted to add floor area, but that created significant non-conformities; and that it was the applicant's choice to proceed with the garages only at this time. Commissioner Kasparian noted that it was difficult to turn around now, that it would be worse with the additional buildings, but that is the problem of the applicant. He also asked if the fire department is involved. Staff replied that the fire department signed off on the project. The Public Hearing was opened at 7:32 p.m. Michael Porto, representing the applicant, asked if the Planning Commission had any questions of him. Commissioner Kasparian commented on the thoroughness of Mr. Porto's letter to Daniel Fox. The Public Hearing was closed at 7:33 p.m. ~ommissioner Kasparian moved, Kasalek seconded to approve Variance 91-03 by adopting Resolution No. 2896 revised as follows: Resolution No. 2896, Section C, Number 2 to read: "Granting the variance will not convey a special privilege to the property owner which is not enjoyed by other property owners in the vicinity. Granting the variance will bring the parking on the site into compliance with the Tustin City Code, by permitting garage space for four additional automobiles." Resolution NQ. 2896, E~hibit A, Number 2,7 to be deleted. Motion carried 5-0. 5. Variance 91-02 APPLICANT: OWNER: LOCATION: QUALITY PROJECT COORDINATING P.O. BOX 2653 COSTA MESA, CA 92628-2653 ELDORADO BANK 17752 EAST SEVENTEENTH STREET TUSTIN, CA 92680 17752 EAST SEVENTEENTH STREET Planning Commission Minutes April 8, 1991 Page 6 ZONING: ENVIRONMENTAL STATUS: REQUEST: PLANNED COMMUNITY-COMMERCIAL (PC-C) CATEGORICALLY EXEMPT (CLASS 11), SECTION 15311 1. TO ALLOW A WALL SIGN TO BE PLACED ON 2. 3. A BUILDING FASCIA; TO ALLOW A MONUMENT SIGN WITH SUPPLEMENTAL TEXT; TO ALLOW A 30-SQUARE FOOT MONUMENT SIGN TO ENCROACH 10~ FEET INTO THE REQUIRED 15-FOOT BUILDING LINE SETBACK. Recommendation - It is recommended that the Planning Commission approve portions and deny portions of Variance 91-02 by adopting Resolution No. 2893, as submitted or revised. Presentation: Becky Stone, Assistant Planner The Public Hearing was opened at 7:41 p.m. June Hanssen of Eldorado Bank addressed the Commission noting that the sign would be a monument sign; that the sign has been in that location for 18 years with the additional text; that the additional verbiage for the monument sign was necessary for the bank to attract customers; that if the additional text was placed in the window, as staff suggests, visibility would be limited by the berm; that California Federal's sign is in the exact location that they are requesting; that other signs in the area are like the one proposed by Eldorado Bank; that if the sign was placed on the side of the building it would be hidden by the berm. Commissioner Le Jeune asked what the extra verbiage consisted of. Ms. Hanssen presented a photograph of the signage. The Public Hearing closed at 7:44 p.m. Commissioner Baker asked if Tony Roma had a similar sign. Staff replied that Tony Roma's does not have the same building situation; and that the sign is technically below the roof eave line. The Director noted that the Planning Commission required Tony Roma's sign to be placed below the roof eave. Commissioner Le Jeune noted that the eave line is technically the bottom of the roof line. Staff affirmed and noted that the fascia is part of the roof structure, with the eave being below the roof structure. Commissioner Le Jeune asked for a consensus of the issues. Commissioner Baker agreed with staff recommendation. Commissioner Kasparian noted that they need a monument sign there due to the driveway beyond the berm. Commissioner Le Jeune questioned what the bank would do if they decided to close on Saturdays; and noted that he realized they had it on their previous sign, but that the current Sign Code adopts a fairly strict policy. Planning Commission Minutes April 8, 1991 Page 7 Commiss%oner Kasparian noted that he is in favor of being below the roof line, and is against breaking the precedent by placing it on the fascia. Commissioner Le Jeune asked if it is not permitted on the fascia board, would it have to be attached to the wall or could it be hung beneath the eave. The Director replied that it could be parallel with the line of the eave. CommissioDer Le Jeune asked how high the letters are. Staff replied that they are 18 inches. Commissioner Shaheen noted that the sign committee is attempting to clean up the signs throughout the City, but since the bank does a professional job regarding its signage, they should be allowed to integrate the additional text into the monument sign; and that all three issues should be approved. Commissioner Kasalek noted that if there is a strong position being taken regarding these issues, it should be done immediately, and that she is not in favor of including the additional text; that even though California Federal was approved earlier, this is a separate free standing building, and felt it would look better to tie it in with a similar look; and that it should be approved. Commiss$oner Kasparian noted that if the supplemental sign was allowed a precedent would be set; and that he would deny the additional verbiage. Commissioner Le Jeune concurred with Commissioner Kasparian regarding the supplemental text. He then asked for a consensus of the placement of the wall sign. The Director introduced the Resolution. Commissioner Kasparian moved, Le Jeune seconded deny Items 1 and 2 and approve Item 3 of Variance 91-02 by adopting Resolution No. 2893, as submitted. Motion dSd not carry and then was re-introduced. The Director noted that there seemed to be a consensus on all items except the fascia. Commissioner Baker asked for suggestions for supplemental text based on the new Sign Code. The Director replied that the new Sign Code would allow descriptions besides business identification, but would be limited to 25% of the copy area and would be limited to the actual trade. Commissioner Le Jeune asked for a consensus on Item 1, placement of wall sign. Commission discussion ensued. At the conclusion of the additional discussion the Director noted that the outcome and direction the majority of the Commission wished to go agreed with the original motion that failed. Commissioner Kasparian moved, Le Jeune seconded to approve portions and deny portions of Variance 91-02 by adopting Resolution No. Planning Commission Minutes April 8, 1991 Page 8 2893, as submitted. Motion carried 3-2. and Shaheen voting no). (Commissioners Kasalek Commissioner Baker reminded the applicant that they have the right to appeal to the City Council within seven (7) days. 6. Variance 91-07 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CMS DEVELOPMENT 3199 A-3 AIRPORT LOOP DRIVE COSTA MESA, CA 92626 14051 NEWPORT AVENUE PLANNED COMMUNITY-COMMERCIAL (PC-C) CATEGORICALLY EXEMPT (CLASS 11) APPROVAL OF A VARIANCE TO AUTHORIZE THE EXCHANGE OF THE DEVELOPMENT STANDARDS TO ALLOW 75 SQUARE FOOT SIGNAGE ON THE SIDE ELEVATION Recommendation - It is recommended that the Planning Commission approve Variance 91-07 for the exchange of allowable signage from the front elevation to the side elevation by adopting Resolution No. 2891 as submitted or revised. Presentation: Beth Schoemann, Associate Planner Commissioner Le Jeune asked if it was known who the tenant in Suite A was; and if there were additional applicants on the same row of buildings. Staff replied that it would be "Quicksign"; and that there were no others wanting reversal since they were approved in January. Commissioner Baker noted that he felt this would reduce the glow of lights into the residential area. The Public Hearing was opened at 8:02 p.m. The Public Hearing was closed at 8:03 p.m. Commissioner Kasalek moved, Baker seconded to approve Variance 91- 07 for the exchange of allowable signage from the front elevation to the side elevation by adopting Resolution No. 2891 as submitted. Motion carried 5-0. OLD BUSINESS= NEW BUSINESS= 7. Use Determination 91-01 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. KEVIN B. KNOX ERIN MADISON LTD., CONSULTING 2424 S.E. BRISTOL STREET, SUITE 220 SANTA ANA, CA 92707 420 'B' WEST SIXTH STREET PM (PLANNED INDUSTRIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO SECTION 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Commission Minutes April 8, 1991 Page 9 REQUEST: TO DETERMINE THAT WHOLESALE IMPORTATION, QUARANTINE AND INTERSTATE DISTRIBUTION OF FRESH WATER AND MARINE FISH, AQUARIUMS, FILTERS, EQUIPMENT AND SUPPLIES IS PERMITTED WITHIN THE PM (PLANNED INDUSTRIAL) DISTRICT Recommendation - It is recommended that the Planning Commission adopt by Minute Order, a determination that wholesale importation, quarantine and interstate distribution of fresh water and marine fish, aquariums, filters, equipment and supplies is permitted within the PM (Planned Industrial) District. Presentation: Daniel Fox, Senior Planner Commissioner ~aker asked for a clarification of "quarantine". Kevin Knox, representing the applicant, replied that after leaving customs, there was no special quarantine required for tropical fish; and that the fish were only quarantined by Dr. Hsu to ensure their health and determine that they are able to continue their journey. Commissioner Le Jeune asked how long they were quarantined. Mr. Knox replied that unless they were ill, they would be quarantined for no more than a few days to a week. Commissioner Baker noted that it was just jargon, and asked if they were diseased in any way. Mr. Knox replied that they would not pass customs if they were ill, but that did not prevent them from getting ill once they reached Dr. Hsu. Commissioner Kasparian asked how they dispose of dead fish. Mr. Knox replied that they dispose of them in the trash. Commissioner Kasalek asked if there was any odor involved with the facility. Mr. Knox replied negatively. Commissioner Le Jeune asked if the business license indicated that there would be no retail sales. The Director replied that it was a wholesale business which would be indicated on the business license if the use determination is allowed. Commissioner Kasparian asked what the concern was with the wholesale requirement. The Director replied that one (1) parking space is required for every 500 square feet of wholesale space; and that one (1) parking space is required for every 250 square feet of retail space; and that the previous tenant may have been open to the public, but it was categorized as wholesale. Commissioner Baker moved, Shaheen seconded to approve by Minute Order a determination that wholesale importation, quarantine and interstate distribution of fresh water and marine fish, aquariums, filters, equipment and supplies is permitted within the PM (Planned Industrial) District. Motion carried 5-0. i-- ~ IrT ~ .... Till Planning Commission Minutes April 8, 1991 Page 10 STAFF CONCERNS: 8. Report on actions taken at April 1, 1991 City Council meeting. Staff reported on the subject agenda. Commissioner Kasparian asked who monitors the TDM Ordinance to determine compliance. The Director replied that the owners would certify in the annual report what their performance levels would be; that they are trying to get them to a similar standard as the AQMD plan of an average 1.5 riders per vehicle; that if they are not reaching those levels upon the second or third year, the City could require additional implementation mechanisms; and that the annual report requirement is necessary to determine the results of the efforts. Commissioner Kasparian asked if the reports were approved at face value. The Director replied negatively; and that if compliance is not obtained, there is a penalty fee paid by the applicant which will go into the capital account to improve the major arterials. Commissioner Le Jeune asked why Item 2 was appealed. The Director replied that the owner appealed the dedication requirement because he did not want to make an irrevocable offer to dedicate any property. Commissioner Kasparian asked when Colonial Bible Church's appeal regarding the sidewalk would be before the Council. The Director replied that it would be agendized for May 6. 9. Sign Code Review No Planning Commission action necessary. COMMISSION CONCERNS: Commissioner Kasparian -Asked the status of the apartments behind the homes on Pasadena. The Director replied that all property owners were noticed for the hearings on March 18 and April 1. -Noted that the City had a banner up at Columbus Tustin Park for an Easter Egg Hunt dated March 30 and that it should be taken down. -Asked why there were two Lee & Associates signs where the Fireman's Fund building is. Staff responded that the lot is divided into two parcels so two signs are allowed. Commissioner Baker -Referred to a seminar that he attended at the League of cities Planning Commission Institute regarding the Brown Act and questioned if speaking to an applicant that was calling would be in violation of the Brown Act. Planning Commission Minutes April 8, 1991 Page 11 The City Attorney replied that opinions vary with attorneys. Although there is no law against communicating with an appli- cant, he advised that the Commissioners should be cautious in speaking with an applicant and refrain from taking a position on any issue. Commissioner Kasalek -Inquired about Mayor Edgar's concerns on the City Council Action Agenda. Staff responded that the concern was related to congestion related to the left turn at Nisson and the I-5 Freeway. Commissioner Le Jeune -Informed staff that mail and Federal Express boxes had been moved onto Tustin Ranch Road and created a hazard with sudden stops. Staff advised that this had not been authorized and would pass the matter onto the Public Works Department. -Noted that a center at McFadden and the 55 Freeway was 95% neon. Staff replied that this was already on the Code Enforcement list. -Noted that there was no gate around the carwash site next to the post office posing a hazard. Staff responded that there should be a fence around the property and that the matter would be referred to the Building Department. -Noted that Toys R Us had a 45' trailer parked in their parking lot. ~DJOURI~EB'T: Commissioner Le Jeune moved, Kasparian seconded to adjourn the meeting at 9:25 p.m. Motion carried 4-0 (Shaheen absent). The next regular meeting of the Planning Commission is on April 22, 1991 at 7:00 p.m. in the city Council Chambers, 300 Centennial Way, Tustin. KATHLEEN CLANCY Secretary