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HomeMy WebLinkAboutPC Minutes 08-22-88MZNUTES TUSTIN PLANNING COHMISSION REGULAR MEETING AUGUST 22, 1988 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Wetl, Baker, Le Jeune, Pontlous 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. 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 August 8, 1988 Planning Commission Meeting 2. Final Parcel Map 87-412 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: K.W. LAWLER & ASSOCIATES, INC. ON BEHALF OF CONTINENTAL MEDICAL SYSTEMS AND WESTERN NEURO CARE CENTER CONTINENTAL MEDICAL SYSTEMS P.O. BOX 715 MECHANICSBURG, PENNSYLVANIA 17055 165 N. MYRTLE AND 14581 YORBA STREET PUBLIC AND INSTITUTIONAL (P & I) AND PROFESSIONAL OFFICE (PR) CATEGORICALLY EXEMPT, CLASS 15 Recommendation: It is recommended that the Planning Commission recommend approval of Final Parcel Map 87-412 to the City Council by the adoption of Resolution No. 2522, as submitted or revised. Resolution No. 2522 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL APPROVAL OF FINAL PARCEL MAP NO. 87-412. Planning Commission Minutes August 22, 1988 Page two CONSENT CALENDER (Continued) 3. Proposed Amendments ~o Vesting Tentative Tract No. 13274 APPLICANT: LOCATION: REQUEST: ENVIRONMENTAL STATUS: DONAHUE SCHRIBER FOR THE IRVINE COMPANY 3501 JAMBOREE ROAD, SUITE 300 SOUTH TOWER NEWPORT BEACH, CA 92660 TUSTIN MARKET PLACE APPROVAL OF PROPOSED REDUCTION IN THE NUMBER AND CONFIGURATION OF LOTS OF VESTING TENTATIVE TRACT NO. 13274 CATEGORICALLY EXEMPT, CLASS 5 (SECTION 15305) Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2521, recommending City Council approval of the proposed amendments to Vesting Tentative Tract No. 13274. Resolution No. 2521 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO VESTING TENTATIVE TRACT NO. 13274, FOR THE TUSTIN MARKET PLACE. Commissioner Well moved, Ponttous seconded to approve the consent calendar. carried 4-0. Motion PIJSL IC HEARINGS 4. Use Permit 88-14 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: UNITED ORANGE COUNTY NEON SIGNS INC. 13801 WEST SIXTH GARDEN GROVE, CA 92643 MARIE CALLENDER'S 721 WEST FIRST STREET TUSTIN, CA 92680 721 WEST FIRST STREET COMMERCIAL GENERAL - PLANNED UNIT DEVELOPMENT FIRST STREET SPECIFIC PLAN - COMMERCIAL CATEGORICALLY EXEMPT (CLASS 11) AUTHORIZATION TO INSTALL A 35 FOOT HIGH, 98 SQUARE FOOT, CHANNEL LETTERED FREEWAY IDENTIFICATION POLE SIGN. Recommendation: It is recommended that the Planning Commission either deny the Use Permit for the sign as proposed, or continue the matter and direct the applicant to revise the plans as recommended by staff and/or the Commission. Resolution No. 2524d A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DENYING A 35 FOOT HIGH, 98 SQUARE FOOT FREEWAY IDENTIFICATION POLE SIGN AT 721 WEST FIRST STREET. Planntng Commission Minutes August 22, 1988 Page three Presentation: Eric Haaland, Acting Assistant Planner The public hearing was opened at 7:05 p.m. Mr. John Acterno, manager of Marie Callender's stated that the restaurant is not noticed by freeway traffic because there is no freeway exit on First Street. He also stated that it was his opinion that the sign, as proposed, based on the same usage in the City of Anaheim, would generate more business. Commissioner Well asked if any existing signs would be removed. Mr. Acierno responded that this sign would be in addition to all existing signs. The public hearing was closed at 7:10 p.m. Commissioner Le Jeune asked if the widening of the 55 freeway would affect this area. Staff responded that it would be affected but was unaware as to what degree. The public hearing was reopened at 7:12 p.m. Pat Masste, representing United Orange County Neon Signs, stated that Caltrans indicated to her that there will be a 20 foot widening of the off ramp and it wouldn't affect the Marie Callender's property. D. Anastacia Blngham, representing Abigail Abbott, 660 W. First Street, noted concern for the aesthetics of the area that will be affected by the sign and asked if the sign would obstruct the view from their building. Mr. Acierno, noted that he did not know if the sign would be visible or obstruct the view from the Abigail Abbott building. Commissioner Le Jeune asked if an updated sign code was available. There was a general discussion regarding pole signs between the Commissioners and staff. Ultimately, staff indicated that all pole signs require a use permit. However, this sign is different from a typical pole sign as it is within 300 feet of the centerline of the freeway and it is higher than the City typically allows. Commissioner Pontious noted that she wanted to assist Marie Callender's but was still concerned about the height of the sign and the overall size. She asked the applicant if there were any other options. Mr. Acierno, noted that the sign would be effective in the 25 foot height range and that he wanted to work with the City and maintain the aesthetic value of the view from the office building across First Street. Commissioner Well asked if the applicant had considered a wall sign, if the proposed sign would be double faced and lit at night and noted that the sign is proposed to be in a residential area and that she felt that 98 square feet was a small billboard. She asked staff if there were any other precedents. Planning Commission Minutes August 22, 1988 Page four Mr Acierno, responded that northbound lanes would be unable to see a wall sign, the proposed sign is double faced and lit and that he would not install any billboards. Staff noted that the most recent pole sign was Fat Freddies', which is more than 50 square feet, however, it replaced an existing freeway sign and is not located in a residential neighborhood. Commissioner Baker asked of Lois Jeffrey, the Deputy City Attorney, whether the Commission operates under the Sign Code or the First Street Specific Plan in this matter. Lois Jeffrey, Deputy City Attorney, stated that the decision is up to the Commission's discretion. She also noted that the Commission must make a finding that the project will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood. However, the First Street Specific Plan design criteria are basically guidelines for the Commission. Commissioner Baker asked what other compromises there might be. Staff indicated that a sign below the eave line parallel to the freeway that would not be visible beyond the overpass would be the extreme and anything in between would be a compromise. Commissioner Wetl asked if the sign could be placed between the trees and the freeway. Staff noted that the trees extend to the property line. Commissioner Baker noted concern about the sign being too high and too large. ~ois Jeffrey suggested that if the applicant has proposed dropping the sign height there should also be some reduction in the square footage of the sign. Ms. Masse¥ noted that the higher a sign is placed the larger the sign must be in order to maintain the proper prespecttve. Commissioner Ponttous moved, Wetl seconded to continue the public hearing on Use Perm(t 88-14 until such time as the applicant can work with staff to submit revised plans. Motion carried 4-0. 5. Use Permit 88-17 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. & MRS. TSU-SHEN MAO/ROYAL TUSTIN CLEANERS 17331 EAST SEVENTEENTH STREET TUSTIN, CALIFORNIA 92680 TUSTIN PROPERTIES, A CALIFORNIA PARTNERSHIP 17251 EAST SEVENTEENTH STREET TUSTIN, CALIFORNIA 92680 17331 EAST SEVENTEENTH STREET AT THE INTERSECTION OF CARROLL WAY. COMMERCIAL GENERAL (CG) A NEGATIVE DECLARATION HAS BEEN FILED FOR THIS PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Commission Minutes August 22, 1988 Page five REQUEST: TO PERMIT THE RELOCATION OF AN EXISTING DRY CLEANING STORE (ROYAL TUSTIN CLEANERS) FROM A LARGER UNIT TO A SMALLER UNIT IN THE SAME SHOPPING CENTER (FRENCH QUARTER). Recommendation: That the adoptlng therein. Planning Commission approve Use Permit Resolution No. 2523 with the conditions 88-17 by contained Resolution No. 2523 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING A USE PERMIT FOR THE RELOCATION OF A DRY CLEANING STORE FROM A LARGER UNIT, 17331 EAST SEVENTEENTH STREET, TO A SMALLER UNIT, 17301 EAST SEVENTEENTH STREET, IN THE SAME SHOPPING CENTER (FRENCH QUARTER) AT THE NORTHEAST CORNER OF EAST SEVENTEENTH STREET AND CARROLL WAY. Presentation: Ronald Reese, Acting Associate Planner The public hearing was opened at 7:35 p.m. The public hearing was closed at 7:36 p.m. Commissioner Well asked Lois Jeffrey if it would be appropriate to add a brief statement as to why the applicant is moving. Lois Jeffrey indicated that it was not necessary. Commissioner Baker noted concern over the agency responsible for the inspections. Staff noted that the building division as well as the South Coast Air Quality Management Dtstrtct and Ftre Department would be Inspecting the project. A discussion regarding other safety measures and inspections ensued between the Commission and staff with staff indicating that all of the concerns will be taken care of as part of the final inspection requirements. Commissioner Ponttous moved, Wetl seconded to approve Use Permit 88-17 by the adoption of Resolution No. 2523 with the conditions contained therein. Motion carried 4-0. 6. Use Permit 88-18 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. JOHN KELLEHER ON BEHALF OF COLCO, LTD. 13812 NEWPORT AVENUE, SUITE 105 IN THE COLCO PROJECT AT THE NORTHEAST CORNER OF NEWPORT AVENUE AND WALNUT STREET. COMMERCIAL GENERAL, IN THE SOUTH/CENTRAL REDEVELOPMENT PROJECT AREA A NEGATIVE DECLARATION HAS BEEN FILED FOR THIS PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO INSTALL TENANT IMPROVEMENTS FOR A DRY CLEANING STORE (DRY CLEAN EXPRESS) AT 13812 NEWPORT AVENUE, SUITE 105 Planning Commission Minutes August 22, 1988 Page six Re comme ndatl on: It is recommended that the Planning Commission approve Use Permit 88-18 by adopting Resolution No. 2525 with the conditions contained therein. Resolution No. 2525 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING USE PERMIT 88-18 ALLOWING INSTALLATION OF TENANT IMPROVEMENTS AT 13812 NEWPORT AVENUE, SUITE 105, FOR THE PURPOSES OF OPERATING A DRY CLEANING STORE WITH ON-SITE CLEANING. Presentation: Bernard Chase, Planner The public hearing was opened at 7:44 p.m. The public hearing was closed at 7:45 p.m. Commissioner Wetl moved, Le Jeune seconded to approve Use Permit 88-18 by the adoption of Resolution No. 2525 with the conditions contained therein. Motion carried 4-0. OLD BUSINESS e Proposed Vacation of a Portion of San Juan Street between ~range Street and Charloma Drive Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2526 ftndtng that the proposed vacation of a portion of San Juan Street between Orange Street and Charloma Drive Is tn conformance with the adopted General Plan. Resolution No. 2526: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE PROPOSED VACATION OF A PORTION OF SAN JUAN STREET BETWEEN ORANGE STREET AND CHARLOMA DRIVE IS IN CONFORMANCE WITH THE ADOPTED GENERAL PLAN Presentation: Ronald E. Wolford, Engineering Services Manager A discussion resulted between staff, the Commissioners and Mr. Wolford regarding the following: traffic study figures and what they encompass; freeway widening; the widening of E1 Camino Real and if it could be widened prior to the vacation of San Juan; procedures for the decision of the exact area to be vacated; clarification on how the County Master Plan of Arterial Highways effects the vacation; time frames for the vacation and the widening of other streets and highways in the area; reconfiguration of the site and minor changes; what would happen in the event that TUSD discontinues the use of the two schools; and if there is any impact expected on Orange Street. Planntng Commission Mtnutes August 22, 1988 Page seven Commissioner Well moved, Ponttous seconded to conttnue the discussion on the vacatton of San Juan unttl the September 12, 1988 meettng to provtde the Commission adequate ttme to review the Trafftc Study and to provide staff wtth ttme to provtde a short summation of the trafftc study for the project prtor to approval. Morton carrted 4-0. NE# BUSINESS 8. Temporary Use Permit APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: BOBBY GILBERT OF B & J TREE SERVICE 18741E. FAIRHAVEN SANTA ANA, CA 92705 FRANARGOFIN ARNEL DEVELOPMENT 950 SOUTH COAST DRIVE, #200 COSTA MESA, CA 92626 SOUTHSIDE OF EL CAMINO REAL 200 FEET EASTERLY OF NEWPORT AVENUE 1062 EL CAMINO REAL TUSTIN, CA 92680 RETAIL COMMERCIAL (C-1) CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Resolution No. 2527: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A TEMPORARY USE PERMIT ALLOWING THE STORAGE OF FIREWOOD, VEHICLES AND SUPPORT EQUIPMENT FOR B & J TREE SERVICE AS WELL AS THE SALE OF FIREWOOD FOR A PERIOD OF TIME NOT TO EXCEED SIX (6) MONTHS. Presentation: Steve Rubtn, Acting Director of Community Development Toni Gilbert, 18741 E. Fatrhaven, representing B & J Tree Service distributed pictures of another facility to represent what B & J was attempting to do at the site. She indicated that wood would be cut, split (splitter makes no more noise than a lawnmower) and stored at the facility and there will be no chipping done on site. The site would be used as a storage yard for firewood and equipment and there will be some sales of firewood from the site, mostly on weekends. The vehicles will be moved during the day to perform their tree service and stored on site overnight. She indicated that she had a conflict with the use permit being tied to the Certificate of Occupancy for the L.A. Land project across E1 Camino Real. She also indicated that she did not agree with staff's recommendation to put mesh on the fence stating that it was too expensive for a temporary use. She indicated that part of their lease agreement was that they would keep the vacant lot adjacent to the site cleared of weeds and debris. She stated that B & J was looking for a more permanent location in the area. Commissioner Le Jeune confirmed through staff that a sign permit would have to be approved by staff and asked if this permit could be extended. Planning Commission Minutes August 22, 1988 Page eight Staff responded that after a six month temporary use a Use Permit would need to be applied for and noticed to surrounding property owners, adding that storage of equipment is not listed as a permitted use in commercial zones. Commissioner Le Jeune voiced his concern that the splitter and equipment be kept as far away from the restaurants and their parking lots as possible. Ms. Gilbert indicated that the equipment would be stored toward the center of the site. Commissioner Well noted concern that the heavy equipment would leave mud on the sidewalk and street during the rainy season. She also requested that entrance and exit signs be required. Ms. Gilbert indicated that the only equipment stored there would be two 2 ton dump trucks, a small splitter and a stump grinder (that would not be used at this site). She stated that they would lay gravel for the first 15 feet of the driveway and if necessary they will add more gravel to connect the driveways. She also indicated that there was no intention to have any temporary shelters or structures. A general discussion ensued regarding the fencing, noise, performance bond, and intentions of Caltrans. Commissioner Baker asked of Lois Jeffrey if there was a legal problem basing the use on the occupancy of the L.A. Land project. Lois Jeffrey, indicated that because of the temporary use the matter would be at the discretion of the Commission, as once the property owner changes the temporary use must stop unless permission from the new owner is obtained. Commissioner Le Jeune moved, Pontious seconded to approve the Temporary Use Permit authorizing the storage of firewood, vehicles and support equipment and sales of firewood at 1062 E1 Camino Real for a period of six months by the adoption of Resolution No. 2527 including the following changes: II. C. eliminate "Said fence shall be screened with a mesh material similar to that used on tennis courts." Add "I I. K. II.L. Approval of this Temporary Use Permit is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. The applicant shall post "Entrance" and "Exit" signs at the site to coordinate traffic movement. II. M. II. N. The applicant shall prepare and present a written weed control program (including dates and times) to staff prior to occupancy of the site. Chipping operations shall be prohibited on the subject property." Motion Carried 4-0. P]anntng Commission Mtnutes August 22, [988 Page ntne STAFF CONCERNS 9. Report on C1t¥ Council Acttons taken at August 15, 1988 Meeting Presentation: Steve Rubln, Acting Director of Community Deve]opment The following actions were taken at the City Council meeting: Resolution approving Daddy-o's neon sign The Density Bonus Policy was continued Interviews for Planning Commission vacancy will be held on September 6, 1988 at 5:00 p.m. COl(MISSION CONCERNS Commtstoner Well asked that a discussion on the Sign Code be agendized and that the wording on freeway signs is vague and needs to be restructured. Staff assured the Commission that the Sign Code Sub-committee is almost ready to meet. AI)dOURI~qENT At 9:10 p.m. Commissioner Pontious moved, Well seconded to adjourn to a special public hearing session on the Town Center Redevelopment Plan Second Amendment Draft EIR on August 29, 1988 at 7:00 p.m. Motion carried 4-0. Chairman