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HomeMy WebLinkAboutPC Minutes 02-25-91TUSTIN PLANNING COMMISBION REGULAR MEETING FEBRUARY 25~ 1991 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: 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 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 February 11, 1991 Planninq Commission meeting. 2. Eas% Tustin Annual Monitoring Report Receive and file. Commissioner Baker moved, Shaheen seconded to approve the consent calendar. Motion carried 5-Q. PUBLIC HEARINGS: 3. Temporary Use Permit 91-01 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: THEODORE D. KONOPISOS THEOPACIFIC CORPORATION 210 WEST MAIN STREET, SUITE 103 TUSTIN, CA 92680 SIXPENCE INN (A CALIFORNIA LIMITED PARTNERSHIP) C/O 210 WEST MAIN, SUITE 103 TUSTIN, CA 92680 KEY INN MOTEL 1611 EL CAMINO REAL CENTRAL COMMERCIAL (C-2) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning Commission Minutes February 25, 1991 Page 2 REQUEST: EXTENSION OF A 30-DAY TEMPORARY USE PERMIT TO ALLOW BANNERS TO BE DISPLAYED FOR AN ADDITIONAL SIX (6) MONTHS. Recommendation - It is recommended that the Planning Commission approve a six (6) month extension of Temporary Use Permit 91-01, by Minute Order. Presentation: Paula Rankin, Associate Planner Commissioner Shaheen commented that it seems as though the applicant is asking for the banners on a permanent basis. Staff replied that the applicant only wants the banners during freeway construction. The Director stated that the motel has been placed under undue hardship since the closure of the freeway ramps; that this presents unusual circumstances; and that staff cannot, but the Planning Commission could, authorize placement of a price on the banner. The Public Hearing opened at 7:05 p.m. Mr. Rick Lamb, General Manager of the Key Inn, representing Theo Pacific, stated that they would like the action to be modified to allow display of banners beyond 6 months to the first quarter of 1992 when the ramps are due to be opened again; that they were at 92% occupancy, but are now at 40%; and that the bed tax to the City is therefore halved. Staff responded that the Planning Commission can only extend a temporary use permit for 6 months. A conditional use permit would be required for any time beyond 6 months. Staff also noted that fees for the conditional use permit may be waived at the Planning Commission's direction, but that the hearing would have to be published for the conditional use permit approval. The Public Hearing was closed at 7:08 p.m. Commissioner Le Jeune asked if it was feasible to separate the two issues; and noted that he could approve one banner until the ramps were finished, which may also help nearby businesses. The Director clarified the request as being "Exit Jamboree and Come Back" and another banner of "$29.95 for Two"; and that the Code authorized one (1) banner per building, which was already granted; and that the applicant is now requesting an extension on the one banner and an alteration of the wording on the other. Commissioner Baker asked if both items were on one (1) banner. The Director replied negatively. Commissioner Le Jeune asked if the applicant is asking for both signs to be extended until 1992; and noted that he could see the need to extend the directional sign. The Director affirmed; but indicated that the discussion should be limited only to whether the banner should be extended for six months, and what will be placed on each banner. Commissioner Baker approved the extension of both signs for six (6) months, as it is imperative for the businesses next to the freeway; that the freeway conditions may have changed sufficiently in six (6) months that the applicant may have other signage needs; and suggested that fees be waived in six (6) months. Planning Commission Minutes February 25, 1991 Page 3 (6) months that the applicant may have other signage needs; and suggested that fees be waived in six (6) months. The Director responded that the Commission would need to recommend that the City Manager waive the fee pursuant to Planning Department fee resolution. Commissioner Baker asked if the applicant could change copy in six (6) months. The Director replied that the applicant would return in six (6) months for a conditional use permit, and the Commission would request that the City Manager waive the processing fee. Commissioner Kasparian considered the directional signage as a unique circumstance due to the construction, but could not justify the pricing; and questioned the basis for denial of pricing in the future. Lois Jeffrey, City Attorney, replied that it is only a six (6) month temporary banner; and that the Conditional Use Permit runs with the land and can run as long as it wants. Commissioner Kasparian asked if there was any justification when a permit expires. The Director replied that there were no findings for a Temporary Use Permit; that the Commission has full discretion to approve or deny the permit, so long as the findings are supported by the Municipal Code. Commissioner Kasparian noted that a finding is included. The Director replied that the purpose of a temporary banner is for advertising and that the purpose of the Conditional Use Permit is to reflect deviation from the sign ordinance over an extended period of time. Commissioner Kasparian asked if findings are not a consideration this evening. The Director affirmed. Commissioner Kasalek commented that the Commission needs to be sensitive to the fact that they are dealing with unusual circumstances with the construction; that she would normally not like to see pricing on a banner, but that the business needs an incentive for people to return to their location; and that she would approve both banners. Commissioner Le Jeune agrees with the need for incentive, but the current Code allowing banners to be up four (4) times per year is adequate and that is why he wanted to separate the two issues. The Director responded that a motion could be made to approve all or part or the item. The Director notified the applicant of his right to appeal to the City Council. Commissioner ~e Jeune moved, Shaheen seconded to approve by Minute Order, a six-month extension of the "Exit Jamboree and Come Back" sign and to allow the other to read "$29.95 for Two" for 60 days only. Motion carried 3-2. Planning Commission Minutes February 25, 1991 Page 4 Commissioner Le Jeune moved, Shaheen seconded to request City Manager waive fees for any future requested Conditional Use Permit for the display of banners. Motion carried 5-0. 4. Conditional Use Permit 91-03 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BEEN-LIANG LEE (GOLDEN CHINA RESTAURANT) YU-LAN LEE 1046 WALNUT AVENUE TUSTIN, CA 92680 RAY M. CHIKASAWA P.O. BOX 3297 CAMARILLO, CA 93011 1046 WALNUT AVENUE CG (COMMERCIAL GENERAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO SELL GENERAL LIQUOR FOR ON-SITE CONSUMPTION (ABC LICENSE TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-03 by adopting Resolution No. 2883, as submitted or revised. Presentation: Anne E. Bonner, Assistant Planner Commissioner KasDarian asked if there was a change anticipated as noted in the Design Review on Page 3; and asked if staff is recommending the ABC license even though it is less than 600 feet from the hospital. Staff replied that there was a mistake on the Design Review which should have read that no change is anticipated; and that the minimum distance requirements are related to off-site consumption. The Public Hearing was opened at 7:22 p.m. Commissioner Baker asked if the hours were compatible. Staff replied that the hours of operation were previously approved with a variance, and that the applicant has no problem with the hours. The Public Hearing was closed at 7:23 p.m. Commissioner Shaheen moved, Baker seconded to approve Conditional Use Permit 91-03 by adopting Resolution No. 2883 as submitted. Motion carried 5-0. 5. Amendment to Conditional Use Permit 87-24 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THRIFTY OIL CO. 10000 LAKEWOOD BLVD. DOWNEY, CA 90240 14121 NEWPORT AVENUE C-1 (RETAIL COMMERCIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO CHANGE DESIGNATED SIGN COPY AREA FOR AN EXISTING POLE SIGN. Planning Commission Minutes February 25, 1991 Page 5 Recommendation - It is recommended that the Planning Commission table the Amendment to Conditional Use Permit 87-24 by minute motion. Presentation: Anne E. Bonner, Assistant Planner Commissioner Baker moved, Kasa~ek se~Dded to table the Amendment to Conditional Use Permit 87-24 by Minute Order. Motion carried 5- 9. OLD BUSINESS: 6. Status Reports Commissioner Kasparian had a question on an item relating to the Lee & Associates sign which appeared on the Code Enforcement Tracking Report. He asked if the sign was reduced in size due to the efforts of the Code Enforcement Officer. The Director responded that she did not know the status of that item but would speak with the Code Enforcement Officer and report back to the Planning Commission on the item. Received and filed. NEW BUSINESS: 8TAFF CONCERNS: Report on actions taken at February 19, 1991 City Council Meeting Staff reported on the subject agenda. 8. Report on Sign Code Review No Planning Commission action necessary. The Director commented on the Chamber of Commerce issues to the Sign Code: Item C indicates that the banner colors should be compatible with the project where it is installed; that the Chamber was concerned with what constituted compatibility; and that the current Code does not regulate the color of temporary banners, but that Staff has developed internal standards by Commission request. Co~miss~oner Le Jeune noted that most temporary banners are not compatible with the buildings. Commissioner Kasalek noted that it would defeat the purpose of the banners. Commissioners Le Jeune and Kasalek agreed that the limitation requiring color compatibility should be removed. CQ~missione~ Baker noted that the wind vents are appropriate. The Director agreed that the applicant should take venting into consideration as necessary, as guidance. The Director commented on Item B allowing PVC as opposed to fabric only. ¢ommissione~ Kasparian asked the if staff knew of any banners that they wish were not up. Planning Commission Minutes February 25, 1991 Page 6 The Director noted that objectionable signs have included ones with pricing and those that the Community has a sensitivity to; that their purpose is short-term advertising; and that permanent signs should be compatible because they have a different purpose than a temporary sign. The Director commented on Item 8 regarding project identification signs that are allowed for 180 days after completion of a project or when 50% occupied; that after these dates, the applicant is required to reduce their advertising, and the Chamber felt that this requirement would be too restrictive and provide a hardship. The Chamber was not opposed to a threshold, but that it should be reasonable. Commissioner Baker asked what size signs were now permitted. The Director replied that there is still a problem with signage size; that there is a subcommittee for Real Estate signs which will make a proposal; and that she suggested that the decision be grouped as one issue. Commissioner Le Jeune asked if this issue was regarding temporary signs; and that he felt that 180 days would not be unreasonable as long as it is considered temporary. The Director affirmed; and indicated that they would be allowed project identification or real estate signs, not both at one time; and asked if the Commission would like to wait for the outcome of the subcommittee's proposal. The Commission affirmed. Commissioner Le Jeune asked if it is possible to know when a project is 50% leased; and asked when the proposal would be submitted. The Director indicated that the City issues a Certificate of Occupancy for individual tenants; that the subcommittee was established at their last meeting and that she did not know when the proposal would be available; that information regarding standard pre-fabricated signs would be presented; and that the Chamber would meet Wednesday, at 3:30 p.m. Staff reminded the Commission of the upcoming Old Town Charette on March 16, 1991 and the League of cities Planning Commissioners Institute on March 20-22, 1991. COMMISSION CONCERNS: Commissioner Kasparian - Noticed in the car wash at Newport Avenue and Main Street that there is a hazard with debris being blown around through the drying area. He felt that passing people could be injured by the debris. Staff responded that the Community Development Department had no jurisdiction in this area, but that a citizen could approach the car wash on the matter. The city Attorney confirmed. - Asked what the general policy on foliage is for the department. On the corner of Anglin and Prospect Avenue there Planning Commission Minutes February 25, 1991 Page 7 are olive trees which drop debris on the public right-of-way which makes it difficult for pedestrians to get by. Staff responded that olive trees are generally not encouraged by the Department for areas within the public right-of-way. Due to their water conserving quality they are not discouraged for areas that are set back from public right-of-way. Commissioner Le Jeune - Many of the applicants that did not have signs go through design review used sign companies that did not submit the signs. Asked if registered letters should be sent to sign companies regarding City's sign requirement. Staff responded that all sign companies should be aware of the process for a sign. - Noted a large amount of work done on pavers in Larwin Square. This puts a financial burden on the owners, and asked if the City is requiring pavers. Staff responded that The City only requires entry treatments where special entry emphasis on a new project is desired, not pavers, in all cases. The pavers in Larwin Square are outdated in design and therefore need frequent repairs. The pavers used today are of a better design and, if installed correctly, need few repairs. - Asked if employment signs were covered in the sign code. Staff responded that they believed that employment signs are a public notice and therefore are not covered. - Asked how many spaces are required for the handicapped and if blue plaque pole signs are required. Staff responded that this depends on the Code, on the use, when built and improvements. Commissioner Shaheen - Asked about the status of the Cosmopolitan apartments. Heard that the bank is trying to sell the property to the County of Orange for low income housing. Asked how much land is being taken for the extension of Newport Avenue and how this will affect the apartments. The Director responded that the Cosmopolitan apartments are in possession of the bank due to foreclosure. It is not known at this time how much land will be taken for the extension of Newport Avenue until the city is further along in design. ~DJOUR~9~: Commissioner Le Jeune moved, Baker seconded to adjourn the meeting at 8:00 p.m. Motion carried 5-0. Planning Commission Minutes February 25, 1991 Page 8 The next regular meeting of the Planning Commission is on March 11, 1991 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. Donald Le Jeune ~ ~ Chairman Ka'thlee~ Cla~-y ~ Secretary