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HomeMy WebLinkAboutPC Minutes 01-23-89 MINUTES TUSTIN PLANNING COMMISSION REGULAR I~EETING JANUARY 23, 1989 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Well, Baker, Le Jeune, Ponttous, Shaheen PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. Marilyn Brandon, 1361 E1 Camino Real, Tustin, asked for exact information as to the destruction of the Laguna Gardens. The Director noted that negotiations have apparently occurred between the property owners and the Tustin Unified School District and the City has not been involved. Bobby Gilbert, 13681 Carlsbad, Tusttn, representing B & J Tree Service noted that the temporary use permit issued to him to operate at 1062 E1 Camino Real will expire in February and asked if the Commission would consider an extension of the temporary permit. The Director noted that the provisions of the code limit a Conditional Use Permit to six months and suggested that a request could be made to the City Manager to waive the fees involved due to hardship circumstances, however a CUP would still need to be applied for. Mr. Gilbert indicated that he did not understand all of the required paperwork i nvol ved. The Director told him that she would be happy to make an appointment to work through the paperwork with him. Commissioner Le Jeune asked if the use of chipping equipment was allowed on the property. Mr. Gilbert noted that the chippers are stored at this location but are not used there. Planning Commission Minutes January 23, 1989 Page two 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 January 9, 1989 Planning Commission Meeting Commissioner Le Jeune moved, Well seconded to approve the consent calendar. carried 5-0. Motion PUBLIC HEARINGS 2. Variance 88-01 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: HARRY AND CHARLENE GATES 1540 E. EDINGER, SUITE D SANTA ANA, CA 92705 450 W. FIRST STREET FIRST STREET SPECIFIC PLAN; C-G (PUD) A NEGATIVE DECLARATION AS BEEN PREPARED AUTHORIZATION TO PERMIT DEVELOPMENT OF AN SQUARE FOOT OFFICE BUILDING WITH A 20 FOOT YARD SETBACK AND A 16 FOOT REAR YARD SETBACK APPROXIMATE 5,600 SECOND STORY FRONT Recommendation: It is recommended that the Planning Commission approve Resolution No. 25~8 recommending approval of Variance 88-01 as submitted or revised. Presentation: Christine Shtngleton, Director of Community Development Commissioner Wetl questioned Exhibit A, page four, Item 2.1. Commissioner Baker asked if there was any historical value in the existing structure. The Director noted that it has been altered but that it might be considered as having some significance; if it could not be moved the applicant would need to provide documentation and a photo survey for the environmental mitigation. Commissioner Baker noted that page three of the EIR Initial Study form was not available in his package. The public hearing was opened at 7:15 p.m. Harry Gates, 450 W. First Street, noted that he would be happy to answer any questions. Planning Commission Minutes January 23, 1989 Page three The public hearing was closed at 7:18 p.m. Commissioner Shaheen noted that this project will eliminate six non-conforming residences and only one of those might be of historic value. The Director noted that there were mitigation measures recommended in the staff report. Commissioner Wetl thanked Mr. Gates for continuing with this project and moved, Le Jeune seconded to approve Variance No 88-01 by the adoption of Resolution No. 2558 with condit--{~-s as submitted. Motion carried 5-0. 3. Variance 88-11 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JOHN M. ROSS 14272 SHADYBROOK DRIVE TUSTIN, CA 92680 SAME 14272 SHADYBROOK DRIVE R-l, SINGLE FAMILY RESIDENTIAL CATEGORICALLY EXEMPT (CLASS 3) TO PERMIT AN EXISTING 5.5 FOOT HIGH WOOD FENCE LOCATED WITHIN THE REQUIRED 20 FOOT FRONT YARD SETBACK OF AN EXISTING SINGLE FAMILY RESIDENCE TO REMAIN. Recommendation: It is recommended that the Planning Commission approve Variance 88-11 by adopting Resolution No. 2554 as submitted or revised. Presentation: Eric Haaland, Assistant Planner Commissioner Well asked how the conditions affect the applicant since the fence is already up and how is the fee for the permit determined. Staff explained the fee schedule and the system used to encourage compliance. The public hearing was opened at 7:25 p.m. John Ross, 14272 Shadybrook, Tustln, asked what was going to happen and noted that apparently someone had complained that the fence was not to code. He noted that he had been told that a permit was not needed as long as the fence was placed behind the edge of the garage. Commissioner Le Jeune asked if other people along the street are in violation of the code. Mr. Ross said that there were none on Shadybrook. The public hearing was closed at 7:27 p.m. Commissioners Le Jeune, Pontious, Shaheen and Baker noted no problems with the Variance. Planning Commission Minutes January 23, 1989 Page four Commissioner Well noted that she felt this was just the tip of the iceberg in that people do not know if a building permit is required to replace a fence. She indicated that it was the City's duty to educate residents so they do not have to spend money for a variance. Commissioner Well moved, Pontious seconded to approve Variance 88-11 by the adoption of Resoution No. 2554 with conditions as submitted. Motion carried 5-0. 4. Use Permit 88-29 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FEDERAL EXPRESS INC. 3171 DIRECTORS ROW MEMPHIS, TN 38116 TUSTIN VILLAGE CENTER 1020 N. BATAVIA, SUITE B ORANGE, CA 92667 15732-62 TUSTIN VILLAGE WAY C-1, RETAIL COMMERCIAL CATEGORICALLY EXEMPT (CLASS 3) TO AUTHORIZE THE CONSTRUCTION OF A 60 SQUARE FOOT DRIVE-UP KIOSK IN THE PARKING LOT OF AN EXISTING RETAIL CENTER FOR FEDERAL EXPRESS. Recommendation: It is recommended that the Planning Commission approve Use Permit 88-29 by adopting Resolution No. 2557 with the conditions contained therein, as submitted or revised. Presentation: Eric Haaland, Assistant Planner Commissioner Shaheen noted that the site for the proposed use is fine but that tenants need to comply with the codes, apparently the theatre in the center that has not finalized their permits. The public hearing was opened at 7:35 p.m. Paul Newton, 5851 Westminster Ave, #B, Westminster Ca 92683, representing Federal Express noted that he had no problem with any of the conditions, hoped that the landowner will aggressively work with their tenants and offered to answer any questions that the Commission or staff might have. Commissioner Baker noted that the Federal Express facility at Yorba and Seventeenth Streets usually had 15 to 16 people in front in the afternoon. He noted concern that there would be only one employee. He also asked when pick-ups occur. Mr. Newton noted that the facility would be a drive-thru unlike the facility on Y66~a; parking lot is very open and spacious and shouldn't be a problem; pick-up times would be around 5 or 5:15. Commissioner Well was not familiar with Federal Express kiosks and asked for further explanation. Mr. Newton stated that the kiosks would be a drop off point to serve accounts. The accounts can save up to $3.00 per package by dropping the packages off with all of the paperwork finished ahead of time. Planntng Commission Minutes January 23, 1989 Page five The publtc hearing wa closed at 7:39 p.m. Commissioner Le Jeune asked that all tenants at the center be monitored for conformation to the sign code. The Director noted condition 1.6, requiring that all current zoning and building code violations within the center be rectified prior to permit issuance. She listed final permits, certificates of occupancy, sign and banner compliance among the violations. Commissioner Baker asked Lois Jeffrey, Deputy City Attorney if these terms were satisfactory. Lois Jeffrey stated that the terms were satisfactory. Commissioner Well asked if Exhibit A, page two, Item 3.6 was normal. Staff noted that an agreement had been established with the property owner. Commissioner Baker asked if this would be a modular unit. Staff responded that it would be. Commissioner Le Jeune asked how the slgnage would conform to the center. Staff explained that Federal Express has made efforts to change the slgnage to co~ly with the center's sign code. Commissioner Pontolus moved, Le Jeune seconded to approve Use Permit 88-29 by the adoption of Resolutt6n No. 2557 with conditions as submitted. Motion carried 5-0. 5. Use Permit 88-31 and Variance 88-12 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: LUIZ AND JO ANN MATOS 1503 E. BALBOA BLVD. BALBOA ISLAND, CA 92661 SAME 13641 GREEN VALLEY AVENUE R-3 (2700), MULTI-FAMILY RESIDENTIAL THE PROJECT IS CATEGORICALLY EXEMPT (CLASS 3), PURSUANT TO SECTION 15303(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. APPROVAL TO CONSTRUCT TWO (2), TWO-STORY DETACHED DWELLING UNITS ON A LEGALLY CREATED PARCEL THAT IS SUBSTANDARD IN LOT AREA AND WIDTH. Recommendation: It is recommended that the Planning Commission approve Use Permit 88-31 and Variance 88-12 by adopting Resolution No. 2560, subject to the conditions contained in Exhibit A, attached thereto, as submitted or revised. Presentation: Steve Rubtn, Senior Planner January 23, 1989 Page six Staff noted the following changes to Resolution No. 2560, Exhibit A, page 4: Item D. 4., last line changed to read "for every 30 lineal feet of exterior wall."; and Item K. the word "curb" should be placed after "concrete". Commissioner Wetl asked tf the applicant ts agreeable to multt-paned windows throughout the project. The public hearing was opened at 7:52 p.m. Ben Antell, 17632 Metzler, Unit E, Huntington Beach, California, representing the applicant noted that the staff report was done tn great detail and that the multi-paned windows will actually be plastic overlay, not individual panes and there wtll be no problem providing that particular item. Commissioner Baker asked tf Mr. Antell had seen the changes on the pictures. Mr. Antell noted that he had and that they were fine. Commissioner Le Jeune asked If the dimensions on the front setback were acceptable. Staff noted that the setback is 15 feet as required. The public hearing was closed at 7:54 p.m. Commissioner Le Jeune asked if thts was the only two-story building on the street. Staff noted that the butldtng at 13642 across the street was butlt tn 1985 was also a two-story. Commissioner Le Jeune noted concern over adequate parking and asked if two spaces per untt was adequate, and If so where did that specification come from. Staff noted that it was a requriement In R-2 and R-3 zones. The Director also noted that the applicant ts providing an additional guest parking space on the site. Commissioner Well moved, Pontlous seconded to approve Use Permtt 88-31 and Variance 88-12 by the adoptton of Resolution No. 2560 with the following changes in Exhlbtt A, page 4: Item D. 4., last line changed to read "for every 30 lineal feet of exterior wall."; and Item K. the word "curb" should be placed after "concrete". Morton carried 5-0. OLD BUSI#ESS 6. East Tustln Development Status Report Presentation: Steve Rubtn, Senior Planner Report was recetved and ftled. Planning Commission Minutes January 23, 1989 Page seven NEW BUSINESS General Plan Conformity for Flood Control Improvements...Qlong the Red Hill Channel Recommendation: Adopt Resolution No. 2559 which finds that the proposed flood control improvement project is in conformance with the Tusttn Area General Plan. Presentation: Christine Shlngleton, Director of Community Development Commissioner Wetl moved, Pontlous seconded to adopt Resolution No. 2559 finding that the proposed flood control improvement project is in conformance with the Tusttn Area General Plan. Motion carried 5-0. STAFF CONCERNS 8. Report on Ct~¥ Council Actions Taken in the January 16, 1989 Meeting Presentation: Christine Shtngleton, Director of Community Development No Planning Commission action necessary. COMMISSION CONCERNS Commissioner Le Jeune asked about the status of the Sign Code revisions, he indicated that the Ct t~ shou~ make an effort to inform all affected residents of impacts in conjestion with widening of the I-5 and 1-55 freeways (not just residents of Tustin Village Way), he asked about the legality of leasing/for rent signs being put up City wide. Commissioner Wetl asked that staff put together materials for describing to the public when a f6h~e permit was needed. Commissioner Shaheen asked about the City's Emergency Earthquake Preparedness Plans. ADgOURI~ENT At 8:20 p.m. Commissioner Le Jeune moved, Ponttous seconded to adjourn immediately to a Workshop on the Tustin Ranch Golf Course Clubhouse in the City Manager's Conference Room. Motion carried 5-0. At 10:00 p.m. Commissioner Shaheen moved, Baker seconded to adjourn the Workshop to the next regular meeting on February 13, 1989 at 7:00 p.m. Motion carried 5-0. Penni Foley Secretary Chairman