HomeMy WebLinkAboutPC Minutes 03-28-88MINUTES
TUSTZN PLANNING COMMISSION
REGULAR MEETING
MARCH 2B, 1988
CALL TO ORDER: 7:30 p.m., City Council Chambers
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Ponttous
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.
Mr. Richard Vining, 400 W. Main Street, referred to Resolution No. 2474 for Use
Permit 88-5 - Vineyard Christian Fellowship noting that it was his recollection that
the hours and the number of people were not the same as that discussed at the March
14, 1988 meeting.
The Director referred to page six of the minutes where the numbers were changed. The
Commissioners agreed with the minutes.
Mr. Vtntng noted that he stood corrected.
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.)
Comtssloner Well asked that the issues on the Consent Calendar be voted on
separately.
1. Minutes of the March 14, 1988 Planning Commission Meeting
Commissioner Ponttous moved, Le Jeune seconded to approve the minutes of the March
14, 1988 meeting. Motion carried 4-0-1 (Well abstained).
Plannnlng Commission Minutes
March 28, 1988
Page two
2. Permit to Operate a Large Family Day Care Home
APPLICANT:
OWNER:
LOCATION:
ZONING:
REQUEST:
CLEATUS ANN POTTS
1862 PENNINGTON AVENUE
TUSTIN, CA 92680
FRED KINNER
14792 RIDGEBORO PLACE
TUSTIN, CALIFORNIA 92680
1862 PENNINGTON AVENUE
TUSTIN, CA 92680
PLANNED COMMUNITY RESIDENTIAL-SINGLE FAMILY
AUTHORIZATION TO OPERATE A LARGE FAMILY DAY CARE HOME
RECOMMENDATION: It is recommended that the Chairman inquire if any person in the
audience wishes to submit a protest, and then accept any protests submitted. If a
protest is lodged, then the matter should be continued to the next regularly
scheduled Commission meeting in order for staff to evaluate the protest. If a
protest is not filed, the Commission should approve the subject application without
further discussion by Minute Order subject to compliance with all requirements of
Ordinance 991.
Presentation: Mary Ann Chamberlain, Associate Planner
Commissioner Puckett moved, Le Jeune seconded to issue a permit to operate a Large
Family Day Care Center at 1862 Pennington, by Minute Order. Motion carried 5-0.
3. General Plan Conformity for Peters Canyon Regional Park
RECOMMENDATION: Adopt Resolution No. 2480
Presentation: Mary Ann Chamberlain, Associate Planner
Commissioner Puckett moved, Ponttous seconded to adopt Resolution No. 2480 finding
that the proposed Peters Canyon Regional Park is in conformance with the Tusttn Area
General Plan. Motion carried 5-0.
PUBLIC HEARING
4. Use Permit No. 87-29
APPLICANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
STEELCASE
1123 WARNER AVENUE
TUSTIN, CALIFORNIA 92680
PC-M (PLANNED COMMUNITY INDUSTIAL)
AN APPLICATION FOR A NEGATIVE DECLARATION HAS BEEN FILED FOR THIS
PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
CONTINUATION OF PUBLIC HEARING ON USE PERMIT NO. 87-29 TO MAY 23,
1988.
Planning Commission Minutes
March 28, 1988
Page three
RECOMMENDATION: That the Planning Commission continue the public hearing on subject
project until the May 23, 1988 meeting.
Presentation: Christine Shtngleton, Director of Community Development
Commissioner Puckett moved, Baker seconded to continue the public hearing for Use
Perm)t 87-29 to the May 23, 1988 meeting. Motion carried 5-0.
5. Variance 88-3
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 A TENANT IDENTIFICATION MONUMENT AND WALL SIGN
RECOMMENDATION That the Planning Commission table this matter.
Presentation: Christine Shtngleton, Director of Community Development
Commlstsoner Puckett moved, Pontious seconded to table this matter as it will return
to the Commission on the April 11, 1988 meeting as Use Permit No. 88-7. Motion
carried 5-0.
6. Variance No. 88-4
APPLICANT:
LOCATION:
REQUEST:
ENVIRONMENTAL
STATUS:
SIGN ARTS, INC.
2900 E. SATURN
BREA, CALIFORNIA 92621
SOUTHWEST CORNER OF BRYAN AVENUE AND JAMBOREE ROAD
APPROVAL OF A 19 FOOT HIGH, 144 SQUARE FOOT "FUTURE FACILITIES"
SIGN ADVERTISING OPENING OF THE TUSTIN MARKET PLACE, PHASE I.
THE PROJECT IS CATEGORICALLY EXEMPT (SECTION 15303, CLASS 3) FROM
THE PROVISIONS OF CEQA.
RECOMMENDATION Pleasure of the Commission.
Presentation: Steve Rubtn, Senior Planner
Commlssoner Ponttous clarified that this sign will be temporary.
The public hearing was opened at 7:49 p.m.
Karen Pavlowski, representing Sign Arts, noted that there will be only two 10' by 6'
signs. She offered to answer any of the Commissioner's questions.
Planning Commission Minutes
March 28, 1988
Page four
Commissioner Le Jeune noted that there was no time limit for the sign.
Commlsloner Puckett noted that the sign could remain only until the opening of Phase
I.
Commissioner Baker asked for clarification of "the sign will be removed no later than
the opening of Phase I" He asked if that was the opening of the first store?
The Director noted that "the opening of Phase I" referred to when the shell buildings
are finalized before the Certificate of Occupancy is issued.
The public hearing was closed at 7:53 p.m.
The Director added that on Resolution No. 2482, page two, Item E should be changed
to:
Said sign shall be removed no later than the final approval of building
improvements (shells) for Phase I.
Commissioner Puckett moved, Pontious seconded to approve the temporary sign at the
southwest corner of Bryan Avenue and Jamboree Road by the adoption of Resolution No.
2484 as revised. Motion carried 5-0.
7. Zoning Ordinance Amendment 87-4 - Cultural Resources District
RECOMMENDATION: It is recommended that the Planning Commission review
modification to Zoning Ordinance Amendment 87-4 and adopt Resolution
recommending the proposed changes to the City Council.
proposed
No. 2481,
Presentation: Christine Shlngleton, Director of Community Development
Commissioner Well asked staff to explain why the E1 Camino Real Specific Plan was not
effective.
The Director noted that the E1 Camino Real Specific Plan was not consistent with
State law for specific plan. The current E1 Camino Real Specific Plan is no more
than minor development standards. In essence, the plan is operating just like an
overlay district. Proposed amendments being considered by the Commission and City
Council would reinforce this and result in no new standards.
Commissioner Wetl asked if the Cultural Resources District is not just another layer
of approval.
The Director noted that the proposed District has the same standards as the E1Camino
Real Specific Plan.
Commissioner Le Jeune asked if the E1 Camtno Real Specific Plan should be eliminated.
The Director noted that with adoption of the Cultural Resources District, the E1
Camino Real Specific Plan would be repealed as there would be no need for it.
Commissioner Baker clarified that the new District does not include Marshalls.
Planning Commlssto Minutes
March 28, 1988
Page ftve
The Director noted that one alternative in the staff report was the deletion of
areas south of Sixth Street that aren't in the E1 Camino Real Specific Plan since
most historical sites are in the vicinity of E1Camino Real and Main Street.
The public hearing was opened at 8:08 p.m.
Mr. Richard Vtnln9, 400 W. Main Street, noted that he agreed with the City Council's
purpose but disagrees on how to accomplish that purpose. He asked if the new changes
meet the State criteria of an historic area, if the new changes met State regulations
and building codes and if there would still be the same opportunities available
regarding investment credits.
The Director summarized the State requirements for an Advisory Committee: 1) the
Committee must have a role in the inventory process; 2) the Committee must meet a
minimum of four times per year; 3) the Committee must be appointed for a minimum of
two years; and 4) the Committee must be involved in land use matters. The City will
still have to apply to the State for the local certification process. The tax
incentive credits might also be available through Federal tax law whether the area is
in a designated district or not. The District must be adopted and the building
designated as a designated structure before the State Historical Building codes can
apply.
Mr. Vtnln~ noted that those things should be implemented.
Mr. John Sauers, 515 S. Pacific, requested that the District be adopted as it is and
that one year from now the deleted parts can be reviewed and re-evaluated to see if
the parts that are removed should be replaced.
Mr. Bob Ed~ell, 345 W. Main Street, noted that Zoning Ordinance Amendment 87-4 has
undergone extensive redrafttng to remove the powers that were sought for. He stated
that he felt the changes weaken the Advisory Committee. Considering the cooperation
and political compromises made, the Planning Commission should send this to the City
Council and the members of the community should keep the grass roots effort going.
Margaret Greinke, 230 A Street, representing the Historical Society, noted that a
member of the Historical Society would be a most logical inclusion. The Society has
one common interest, the preservation of Tusttn and its heritage - the future of
Tustin. She noted that the latest revisions in the amendment are more desireable but
she still has some reservations.
The public hearing was closed at 8:21 p.m.
Commissioner Well read the following chronology of meetings and notices:
Town Hall Meeting on May 27, 1987 to discuss Amendments to Zoning Code to
preserve character/historical resources in Old Town notice was published on
5-22-87 and mailed 5-12-87.
Public hearing to extend building moratorium on June 1, 1987, justification for
the moratorium was explained - to permit study of Zoning Ordinance Amendments,
notices were published and mailed on 5-21-88.
Planning Commission Minutes
March 28, 1988
Page six
3. Community Workshop on December 14, 1987 to discuss proposed Draft ordinance -
summary of major ordinance provisions and map, copy of draft ordinance dated
11-22-87, notices were published and mailed 12-3-87.
4. Planning Commission public hearing on February 8, 1988 on draft ordinance,
summary of major provisions and map were published and mailed on 1-25-88.
5. City Council public hearing on March 7, 1988, summary of major provisions and
map was published and mailed on 2-18-88.
6. Planning Commission public hearing on March 28, 1988 on City Council requested
modifications was published and mailed on 3-17-88.
7. City Council public hearing on April 4, 1988 on modifications was published on
3-24-88 and notices were mailed on 3-22-88.
In response to an inquiry from Commissioner Weil, the Director noted for the
Commission that the reason for not mailing the complete ordinance prior to City
Council's meeting was that the cost for the mailing is over $1,000. This figure was
not budgeted for and a request for additional funds was denied.
Commissioner Le Jeune noted that he had received the handouts and all of the notices
mentioned, being a resident of the Old Town area.
Commissioner Well noted that she had mixed emotions on the subject.
Commissioner Le Jeune noted that he fully supported Alternative No. 1.
Commissioners Puckett and Pontious agreed.
The Director clarified the different options.
Commissioner Baker asked if the people along Pasadena, that City Council want to
include in the District, were aware of this hearing and if they had been noticed.
There was a 10 minute break called at 8:40 p.m.
At 8:50 p.m. the meeting resumed.
The Director stated that the list had not been modified, therefore the residents
along Pasadena had not been noticed. The modifications, however, still would have
required a Planning Commission review and report. She recommended that the public
hearing be continued until April 11, 1988.
Commissioner Well asked how many people were involved.
The Director responded that there were approximately 20 properties involved. All
property owners within 300 feet were noticed, including these property owners, were
noticed prior to the District boundaries being set. At that time, only the owners
within the District were noticed. She noted that staff would be happy to send a copy
of the Ordinance to residents within the proposed expanded boundaries.
Planning Commission Minutes
March 28, 1988
Page seven
Clark Ide, representing the City Attorney requested that the public hearing be closed
and be continued to the next meeting.
Commissioner Baker moved, Pontlous seconded to continue Zoning Ordinance Amendment to
the April 11, 1988 Planning Commission meeting. Motion carried 5-0.
Commissioner Puckett moved, Le Jeune seconded to direct staff, by Minute Order, to
renotice, identify (ssues, and concurrently notice the continuance of the City
Council meeting to April 18, 1988. Motion carried 5-0.
OLD BUSINESS
8. Outdoor Dining Areas
Presentation: Joel Slavlt, Assistant Planner
Commissioner Pontlous indicated that it would be beneficial to adopt formal
guidelines regarding outdoor dining areas.
Commissioner Wetl noted that the City needs to standardize alcohol related criteria
for outdoor dining. Number three option was the most comprehensive approach.
However, it seems to her that number one alternative would be the simplest and most
adequate if done in house.
Commissioner Le Jeune asked if we were having any enforcement problems.
The Director noted that Chlrman Wetl had expressed concerns about the continuity of
the criteria used by staff. She also noted that there are a lot of illegal
situations that are enforcement issues.
Commissioner Baker noted that there will be a greater need for this type of
standardization with the building out of the East Tustin area.
Commissioner Le Jeune moved, Baker seconded to continue establishing Outdoor Seating
Guidelines using AlternatiVe No. 2 as a guide. Motion carried 5-0.
9. Comments on Draft EIR 88-1 for Western Neuro Care Center
Presentation: Christine Shingleton, Director of Community Development
Commissioner Wetl stated that she felt that the projected traffic generated from this
traffic is relatively minor, that the public benefit by increasing the hospital
facility would far outweigh any negative impacts.
Commissioner Pontlous noted that she would like to see that the shift change times be
offs6t to reduce traffic at peak hours.
There was no further Commission action necessary.
Planning Commission Minutes
March 28, 1988
Page eight
NEW BUSINESS
10. Santa Ana Planning Commission Tour
Presentation: Christine Shingleton, Director of Community Development
Mr. Richard Vining asked if our Planning Commission could tour Santa Ana and make
comments on their buildings.
STAFF CONCERNS
11. Report on City Council actions of March 21, 1988 meeting
The Director noted that an action agenda for the March 21st City Council meeting will
be provided at the April 11, 1988 meeting. She did note there was an appeal on the
Vineyard Christian Church.
COHMI SSION CONCERNS
Commissioner Le Jeune asked that if, in their training sessions, staff could review
what prompts an EIR.
Commissioner Baker thanked staff for following up on the pipeline problems.
Commissioner Puckett noticed that the chairs were recovered.
Commissioner Well thanked staff and members of the Commission for the flowers sent to
her husband during his hospitalization. She also asked that materials she received
when the Commission was originated be revised and that the Commission receive an up
to date zoning map and telephone list.
ADOOURI~qENT
At 9:20 p.m. Commissioner Le Jeune moved, Puckett seconded to adjourn to the next
regular Planning Commission Meeting on April 11, 1988 at 7:30 p.m. Motion carried
5-0.
Secretary
Kathy Wei ~