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HomeMy WebLinkAboutPC Minutes 05-23-88MINUTES TUSTZN PLANNING COlllllSSION REGULAR MEETING MAY 23, 1988 CALL TO ORDER: 7:00 p.m., Ctty Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Well, Baker, Le Jeune, Pontlous Absent: Puckett 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. George Spelcher, 14711 Alder Lane, representing the residents of Alder Lane and Apple Tree in the Peppertree subdivision asked what was planned for the abandoned AT&SF property behind their homes. He indicated that the residents would like to purchase the property and indicated that they did not want a bike lane created there, citing trouble with bicycles, motorcycles, noise, dust, young people smoking and drinking in the area. The Director confirmed that the Irvine Company is the owner of the AT&SF easement. She indicated that staff is mapping abandoned right-of-ways and will be able to provide a report in the near future. Ed Shaheen, 14611 Alder Lane, indicated that the majority of the residents along the right-of-way want to buy the property and cited that the problems were the types of people that congregate in the area, traffic hazards and using the area as a bike trail will cause a disturbance. Jennln~s D. Pierce, representing the Irvine Company, stated that he believed that the Irvlne Company is the owner of the land in question and that the Company would be happy to work with staff and the residents for a disposition of the property. Deborah Fellick, 14741 Alder Lane, stated that she had lived at this address for 13 years. In that time her house has been burglarized 4 times, broken into 3 times and found transients in her house 7 times. She has found drug paraphernaltas in her yard and broken up fights. She indicated that she felt there was no other viable alternative to the homeowners along the property line but to offer the property for sale to the bordering homeowners. Commissioner Wetl stated that staff should do a study of the area. The Director indicated that the Planning Commission can initiate an action as it is a land use issue. Commissioner Well introduced and welcomed two Planning Technicians for the Community Development Department; Eric Haaland and Ron Reese, both are new employees. Planntng Commission Minutes May 23, 1988 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 May 9, 1988 Planning Commission meeting 2. Final Tract Map No. 13161 APPLICANT: LDM DEVELOPMENT INC. LOCATION: LOT 5 OF SECTOR TRACT 12763 REQUEST: 1) AUTHORIZATION TO SUBDIVIDE 11.3 ACRE SITE INTO TWO (2) LETTERED AND FOUR (4) NUMBERED LOTS FOR THE PURPOSES OF CONSTRUCTING 145 CONDOMINIUM UNITS. ZONING: MULTIPLE FAMILY RESIDENTIAL; EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Commistoner Le Jeune moved, Ponttous seconded to approve the consent calendar. Motion carried 4-0. PUBLIC HEARING 3. Vesting Tentative Tract Map 13096 and Design Review 87-19 APPLICANT: BREN COMPANY 5 CIVIC PLAZA, NEWPORT BEACH, CA 92660 LOCATION: REQUEST: ZONING: ENVIRONMENTAL STATUS: LOTS 11 AND 16 OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 13.14 ACRES INTO EIGHT (8) NUMBERED AND EIGHT (8) LETTERED LOTS FOR THE PURPOSE OF CREATING A CONDOMINIUM PROJECT WITH 237 UNITS, 2) APPROVAL OF THE SITE PLAN AND ARCHITECTURAL DESIGN FOR THE PROPOSED PROJECT. MEDIUM HIGH DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Planntng Commission Minutes May 23, 1988 Page three Re comme nda ti on: actions: 1. It is recommended that the Planning Commission take the following Approve Environmental Determination for project by adoption of Resolution No. 2499, as submitted or revised. Approve Design Review No. 87-19 by adoption of Resolution No. 2497, as submitted or revised. Recommend to City Council approval of Tentative Tract Map 13096 by adoption of Resolution No. 2498, as submitted or revised. Presentation: Laura Cay Pickup, Acting Senior Planner At 7:25 p.m. Commissioner Puckett arrived. Staff indicated changes to the resolutions (see motions below). Commissioner Puckett asked if the section regarding CC&R's in Resolution No. 2498 was changed. The Director indicated that the attached conditions are the most recent since the revisions were made. The City is indicated as a party only on issues it has an interest in. The CC&R issue is still outstanding and staff is waiting for Council direction regarding CC&R's. Commissioner Well asked if this matter could be discussed tonight. The Director indicated that it could be discussed under the Commission Concerns portion of the agenda. Commissioner Baker indicated concern at the lack of sidewalks on Heritage Way and bbout the nine foot driveways. Staff indicated that the nine foot driveways are to prohibit parking in the driveway. She also indicated that numerous projects are set up in a similar way necessitating strictly enforced CC&R's and garage door openers. She added that this project meets and actually exceeds the City's parking requirements. Commissioner Baker asked if the sidewalk area was designed with interlocking paver ~ricks. Staff indicated that the sidewalk would be stamped concrete. The Director noted that the Public Works Department is not responsive to bricks in the public right-of-way. The public hearing was opened at 7:38 p.m. Ltnda Lee, representing the Bren Con, any, indicated that the developer had spent a great deal of time changing the project to what staff wanted. The Bren Company concurs with all of the changes in the conditions except for Resolution No. 2497, Exhibit A, 2.4. She noted that solar installation is not feasible, that it would be too great a liability on the homeowner's association. Planntng Commission Htnutes Hay 23, 1988 Page four Commissioner Wetl indicated that the solar installation was not intended for the whole project, just the recreation buildings. Commissioner Pontious asked if there was building frontage on Heritage Way. Linda Lee indicated that there are units with frontage on Heritage Way however, there was a wrought iron fence along that frontage. Staff indicated that they thought all entrances and units were surrounded by a wrought iron fence. Linda Lee clarified that there was no wrought iron fence in front of the units along Myford Road. Commissioner Pontious expressed concerns regarding security and traffic. The public hearing was closed at 7:45 p.m. Commissioner Le Jeune noted concern regarding the lack of sidewalks on Heritage Way. The Director indicated that staff was not prepared to commit to anything on this matter as the issue came from the Public Works Department and staff needs to obtain their position on the issue before it could be deleted from the Resolution. Commissioner Pontious asked if there is a sidewalk on the other side of Heritage Way. The Director stated that there was, however, the road has a long stretch with a bad curve and the City does not want people crossing at mid-block points where visibility is inadequate. Commissioner Pontious asked if signs could be posted. Commissioner Well indicated that the Commission did not want to go against the recommendation of the Public Works Department but noted that if sign are used they should be more clearly spelled out than those currently used in the City. The Director indicated that Heritage Way was created with the Sector Map and this issue was resolved at that time. Commissioner Baker asked if there was a bus stop anywhere near this area. Staff indicated that the proposed bus stop is at Bryan Avenue and there are openings from the tract at Myford Road and Bryan Avenue and at Heritage Way and Bryan Avenue. The Director noted that the bus stops are subject to OCTD final designation and that OCTD can still modify their locations. Planning Commission Minutes May 23, 1988 Page five Jay Pierce indicated that the deletion of the sidewalk was a condition of Map 12763. The reasoning behind the deletion was purely public safety and that there would be access to the commercial site and that pedestrians would cross at mid-curb if there was a sidewalk along Heritage Way. Commissioner Baker asked if there were full sidewalks on the other side of the street. Mr. Pierce indicated that there were full sidewalks on the other side. Commissioner Well asked if shrubs could be staggered to discourage pedestrians from walking along Heritage Way. Commissioner Le Jeune noted that wherever there is a commercial district people will walk in the street if it is more convenient for them. Commissioner Pontious asked if a pedestrian crossing could be put by the entrance. The Director indicated that staff was not prepared to recommend anything in the public right-of-way without approval of the City's traffic consultant. Commissioner Well asked if it was illegal to walk in the street. Lois Jeffrey, Deputy City Attorney, noted that she was not sure. The Director suggested additions to Resolution No. 2498, Exhibit A, 1.5 F, G, and H (See motion below). Commissioner Le Jeune asked what the speed limit is along Heritage Way. The Director indicated that the Public Works Department sets the speed limits. Commissioner Pontious asked if a fence along Myford Road would create traffic problems. Staff indicated that fencing would provide limited access to those units and that street stgnage would prohibit stopping. The Director noted that these are design and security issues. Does the Commission want to see every multi-family project walled or do they want openness? Myford Road is adequately designed to provide curbside parking in some areas. Commissioner Well indicated her concern with second story apartments along the street creating a constant wall of parked cars along Myford Road. Mike Touie, representing the Bren Company, noted that there will be no parking along Myford Road. The Director noted that there are three buildings with direct access to Heritage Way and there are no parking restrictions along Heritage Way. Commissioner Baker noted the stairway access to the sidewalk and asked how easy the access is to the parking lot. PlannJng Commission Hinutes Hay 23, 1988 Page si x Lois Jef~re), noted that it is illegal to walk in the street in Tustin according to Section 5300 of the City traffic regulations. She also suggested that the signs and painted curbs be to the discretion delegated to the traffic engineer. Commissioner Well asked if staff could send a memo to the traffic engineer. She asked if there was any way, such as barriers, to prevent bicyclists from darting into the street blindly from a paseo. The Director indicated that the previously noted changes to Resolution No. 2498, Exhibit A, 1.5 F, G, and H would alleviate some of these concerns. Commissioner Wetl clarified that the items regarding the CC&R's were just examples and were not mandatory. Commissioner Le Jeune asked that motorized and non-motorized vehicles be included in the CC&R's. Commissioner Well noted concern about the dimensions indicated in the resolution. Commissioner Le Jeune indicated that a boat could fit into the dimensions indicated and that the Association should have a more definitive section. The Director noted that the wording needs to be general but the word "trailers" can be added. She also added wording to the resolution regarding bollards (see motion). Commissioner Pucker moved, Pontious seconded to approve the Environmental Determination for the project by the adoption of Resolution No. 2499 as submitted. Motion carried 5-0. Commissioner Baker moved, Le Jeune seconded to approve Design Review 87-19 by the adoption of ResOlution No. 2;)97 with the following revisions to Exhibit A: - 2.4 at the end of the first sentence add "for recreation and pool areas". - 4.1 line 2, eliminate "with exception of lot '0'" 4.3 change line 2 to read "irrigation systems to provide sufficient coverage and to avoid water overspray" add "4.5 Landscaping be designed along Heritage Way north of the secondary access to discourage pedestrian access in landscaped portion of right-of-way immediately adjacent to the project." Motion carried 5-0. Commissioner Ponttous moved, Baker seconded to recommend to City Council the approval of Tentative Tract Map '1309~ by the adoption of Resolution No. 2498 with the following revisions: Add "F. Signage shall be installed north of secondary project access to discourage pedestrian crossing along Heritage Way. Approval of Planntng Commission Minutes May 23, 1988 Page seven stgnage location and design subject to approval of Public Works Director." Add "G. Parking not to be permitted on Myford Road immediately adjacent to the project subject to final approval of City Engineer." Add "H. Right-of-way design immediately opposite on-site paseos shall Incorporate a destgn separation (such as bollards) from street to discourage btcycle rtders from traveling from on-site paseos directly tnto a public right-of-way." 7.1 G. first line to read "Residents shall not store or park any trailers, non-motorized" - 7.1 H. Change "569" to "474". 10.3 B. Eliminate "Bryan Avenue" from line two and add as the last sentence "Lot H along Bryan Avenue shall be the responsibility of the Landscape Maintenance District." Motion carried 5-0. 4. Tentative Parcel Map 88-179 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: K.W. LAWLER AND ASSOCIATES 2832 WALNUT AVENUE, SUITE A TUSTIN, CALIFORNIA 92680 COLCO LTD. 1400 DOVE ST., #120 NEWPORT BEACH, CALIFORNIA 92660 SOUTH SIDE OF SEVENTEENTH STREET, ENDERLE CENTER WAY. PC-C PLANNED COMMUNITY COMMERCIAL APPROXIMATELY THIS PROJECT IS CATEGORICALLY EXEMPT CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO SUBDIVIDE ONE PARCEL INTO TWO PARCELS. 370 FEET EAST OF (CLASS 15) FROM THE Recommendation: It is recommended that the Planning Commission recommend approval of Tentative Parcel Map 88-179 to the City Council by adoption of Resolution No. 2500 as submitted or revised. Presentation: Laura Cay Pickup, Acting Senior Planner Commissioner Baker asked why the line dividing the parcels was not straight. Staff indicated that the line was drawn to accommodate parking requirements. Commissioner Well asked staff to explain Exhibit A, page four "F." Staff noted that the condition referred to the existing access agreement between the project and the Firemen's Fund building. Planntng Commission Mtnutes May 23, 1988 Page etght Commissioner Baker asked if there was access to the existing shopping center. Staff indicated that Mr. Coilings, from Colco, Inc., was working on acquiring that access. The public hearing was opened at 8:29 p.m. Jtm Coilings, representing Colco, [nc., Indicated that he was available to address any concerns the Commission or staff might have. Commissioner Wetl asked what progress was made on obtaining the access agreement into the Safe~ay Center. Hr. Collln~s indicated that he was having difficulty as there is a merger between Safeway and Von's and tt is difficult to locate the correct people to deal with. The public hearing was closed at 8:30 p.m. Commissioner Puckett moved, Pontlous seconded to recommend to City Council the approval of Tentative Parcel Hap 88-179 by the adoption of Resolution No. 2500 as submitted. Hotion carried 5-0. 5. Use Permtt 87-29 STEELCASE 1123 WARNER AVENUE TUSTIN, CALIFORNIA 92680 PC-M (PLANNED COMMUNITY INDUSTRIAL) APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN FILED FOR THIS PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT INSTALLATION OF ONE UNDERGROUND STORAGE TANK AND ONE ABOVE GROUND STORAGE TANK IN A CONTAINMENT BUILDING Recommendation: It is recommended that the Planning Commission, by the adoption of Resolution No. 2501, authorize installation of one underground tank to contain xylene solvent and one above-ground tank in a containment building to contain water-soluble acrylic resin. Presentation: Christine Shingleton, Director of Community Development The Director commended Steelcase for going out of their way to accommodate the City. They have been cooperative and responsive in their compliance with meeting the requirements and codes of the City and the Fire Department. Commissioner Well asked if there were any responses to the public hearing notices. The Director responded that there had not been any contact. Commissioner Baker noted that his major concern at the time of the original application was that the underground tank could destroy the water table. The public hearing was opened at 8:38 p.m. Planntng Commission Minutes May 23, 1988 Page nine Walno Tatpale, Environmental Engineer for Steelcase, thanked staff for their cooperation and indicated that there is a concrete underground wall that acts as a secondary containment area, an added safety measure. Commissioner Baker asked if the concrete wall was in the water table. Mr. Taipale indicated that it is located a few feet above the water table. Commissioner Baker asked if the venting was in con~liance with the requirements of the Air Quality Management District (AQMD). Mr. Tatpale noted that Steelcase had obtained all of the necessary permits from AQMD. Commissioner Well asked if, during heavy rains, this containment facility could float to the surface. Mr. Tatpale responded that it could not. The public hearing was closed at 8:40 p.m. Commissioner Puckett noted that he had been uncomfortable with the first application and he was quite relieved that the applicant had brought in this revised request. Commissioners Wetl and Baker agreed. Commissioner Baker moved, Puckett seconded to approve Use Permit 87-29 by the adoption of Resolution No. 2501 as submitted. Motion carried 5-0. 6. Variance 88-05 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BURNETT-EHLINE 2050 S. SANTA CRUZ ANAHEIM, CA. 92805 13011 - 13051 NEWPORT AVENUE THE NORTHWEST CORNER OF NEWPORT AVENUE AND IRVINE BOULEVARD C-2 (CENTRAL COMMERCIAL) DISTRICT A NEGATIVE DECLARATION WILL BE FILED FOR THIS PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST BY BURNETT-EHLINE DEVELOPMENT COMPANY TO ALLOW THE PLAZA LA FAYETTE PROJECT (A MIXED USE COMMERCIAL DEVELOPMENT) TO HAVE 50 PARKING SPACES LESS THAN WOULD BE REQUIRED, TO ACCOMMODATE PROPOSED RESTAURANT USES WITHIN THE PROJECT. Recommendation: It is recommended that the Planning Commission continue the Public Hearing on this matter until June 13, 1988. Presentation: Christine Shtngleton, Director of Community Development Planning Commission Minutes May 23, 1988 Page ten Commissioner Baker moved, te aeune seconded to continue the public hearing on Variance 88-05 untll the June 13, 1988 Planning Commission meeting. Motion carried 5-0. 7. Use Pemlt 88-7 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: INNOVATIVE GRAPHICS, INC. 833 N. ELM STREET ORANGE, CA 92668 CHURCH OF SCIENTOLOGY 4833 FOUNTAIN AVENUE LOS ANGELES, CA 90029 1451 IRVINE BOULEVARD AT THE INTERSECTION OF RED HILL AVENUE PROFESSIONAL OFFICE (PR) CATEGORICALLY EXEMPT CLASS 11 TO PERMIT MODIFICATION OF PREVIOUSLY APPROVED CONDITIONAL USE PERMITS AUTHORIZING PLACEMENT OF A TENANT IDENTIFICATION MONUMENT AND WALL SIGN Recommendation: That the Planning Commission table Use Permit 88-7 and direct staff to readverttse the public heartng after an amended application Is submitted. Presentation: Mary Ann Chamberlain, Associate Planner The Director noted that the chronology should be that the code enforcement should be handled, if that doesn't bring compliance, then a Notice and Order is sent. After that the amended application should be received. Commissioner Le Jeune noted that the brick wall required as a condition of the original Use Permit was never built, what assurances does the City have that they will comply with any further conditions? The Director indicated that non-compliance can be grounds for the Commission to initiate revocation procedures of the original Use Permit. Commissioner Baker asked if any complaints were received from the neighbors. The Director noted that staff is following up on the complaints. Commissioner Well asked if the Commission could be provided with a report from the Police Department regarding the last few years of complaints at that location. The Director noted that the Police Department does not keep the complaints for longer than 90 days. She guaranteed that staff would take care of this matter. Commissioner Le Jeune asked if staff had called the spokesman to let him know what was going on. The Director indicated that the spokesman had been contacted. The public hearing was opened at 8:52 p.m. P]anntng Commission Mtnutes May 23, 1988 Page e]even Susan Backerman, Director of External Affairs for the Church of Sctentology, indicated that the church has plans, is in the process of obtaining bids for the work and is contacting the neighbors to remedy the existing problems. The public hearing was closed at 8:54 p.m. Commissioner Puckett moved, Le Jeune seconded to table Use Permit 88-7 and direct staff to readverttse after a completed application is submitted. Motion carried 5-0. NEW BUSINESS OLD BUSINESS 8. Outdoor Seating Guidelines Presentation: Laura Cay Pickup, Acting Senior Planner Commissioner Le Jeune noted that there are many places with tables and chairs in the pedestrian walkways. He established that this was not permitted. Staff indicated that these issues will be enforced. The Director noted that this is a continuous problem in the public right-of-way. She also indicated that the City does not want to completely isolate the outdoor seating areas or discourage mingling, but they do want to keep accesses unobstructed. Commissioner Le Jeune inquired about umbrellas, noting that they affect the aesthetics of the buildings. The Director noted that umbrellas can be controlled if they are in an outdoor seating area unless they are previously conditioned. Staff noted that these guidelines would be applied the same way as the ABC guidelines are used. Commissioner Baker clarified that anyone wanting an umbrella would have to comply with these guidelines. Staff noted that these would be standard guidelines. Commissioner Well asked if alcoholic beverages could be sold if the area is not contained. Staff noted that the applicant can apply for a variance from the State ABC. Commissioner Wetl asked staff to obtain the actual ABC requirements and to use them in establishing the City's guidelines. Commissioner Puckett moved, Baker seconded to instruct staff to prepare and return to the Commission a draft resolution establishing guidelines for outdoor seating establishments. Motion carried 5-0. Planning Commission Minutes May 23, 1988 Page twelve STAFF CONCERNS 9. Report on acttons taken at the May 16, 1988 C1t¥ Council meetln~ Presentation: Christine Shlngleton, Dtrector of Community Development Councll actlon was taken on the following 1rems: Ftre Ordinance Oohn Wayne Atrport Status Report News Release for Submittal of Street Names Commissioner Le Jeune asked about plans for the Cultural Resources Survey and tf staff could get a list of the property owners. The Dtrector noted that there was a workshop on May 18, 1988 at 6:00 p.m. and only 4 people attended outside of staff members. Staff wtll be dotng afteld survey contacting commercial bustness owners. The survey Is already out and the Information will be compiled by staff. C(]iNISSION CONCERNS Commissioner Le Oeune apologized for mtsslng the joint workshop wtth the Counctl due to Illness. Commissioner Puckett apologized for being late to the meettng. Commissioner Wetl noted that the flags were down at the old Nu West Ltghtlng building. She also noted her concern over the Ctty's tnvolvment tn the CC&R's of the new tracts requesting with concurrence of Ctty Council one modification of drtveway parking restrictions to add "trailers". Commissioner Baker asked if an annual review of Conditional Use Permtts could be established. The Dtrector noted that the Issue of review would have to be agendtzed to evaluate the appropriateness of a Commission revtew, staff would have to prepare poltcy guidelines and these guidelines would have to be dtrected to Ctty Counctl. Planntng Commission Mtnutes May 23, 1988 Page thtrteen ADJOURI~IE#T At 9:45 p.m. Commissioner Le Jeune moved, Ponttous seconded to adjourn to the next regular meeting of the Tbsttn Planntng Commission on June 13, 1988 at 7:00 p.m. Motion carrted 5-0. P&nnt Foley ,/' Secretary ~/," Chairman