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HomeMy WebLinkAboutPC Minutes 09-10-73 MINUTES OF A REGULAR MEETING OF THE CITY OF TUSTIN PLANNING COMMISSION SEPTEMBER 10, 1973 The regular meeting of the City of Tustin Planning Commission was held on the tenth day of September, 1973, at the hour of 7:30 p.m. of said day in the Council Chambers, 275 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Chairman Sharp. The Invocation was given by Commissioner Dombrow. ROLL CALL Present: Commissioners: Absent: Commissioners: Others Present: Dombrow, Hare, Larnard, McHarris, Sharp None James G. Rourke, City Attorney; R. Kenneth Fleagle, Assistant CA - Community Development Director Bruce Lenorovitz, Assistant Planning Director Mary Ann Chamberlain, Planning Commission Recording Secretary Jessica Carroll, Planning Commission Recording Secretary APPROVAL OF MINUTES Commissioner Larnard moved for approval of the minutes of the August 27, 1973 meeting; seconded by Commissioner Hare. MOTION CARRIED: 5 - 0 PUBLIC HEARINGS 1. Continued Hearing V-73-4 - Aspen Mining Company Location: 13444 Newport Avenue Mr. Flea~le stated that by letter from Mr. W. J. Berkley of Aspen Mining Company dated September 5, 1973, they are withdrawing this application. Chairman Sharp opened the public hearing, and seeing and hearing no one to speak on the proposal, declared the public hearing closed at 7:36 p.m. Commissioner Larnard moved to accept letter of withdrawal by Aspen Mining Company, seconded by Commissioner Dombrow. MOTION CARRIED: 5 - 0 Initial Hearing 1. UP-73-15 - Firestone Tire & Rubber Company - to authorize a retail and wholesale automotive parts, accessories, and service. Location: 695 E1 Camino Real PC Minutes 9/10/73 Page two Mr. Fleagle reported that the subject property is owned by the Standard Oil Company and comprises an abandoned service station site and a Brake & Wheel Alignment Shop. The purpose of the Use Permit is to bring the property into conforming status and establish such conditions for the use as to assure compatibility with surround- ing properties. The Development Preview Commission reviewed the plans on August 31, 1973, and concurred with staff that the front landscape area is essential and have recommended a minimum planter area of 10 feet. The Fire Department will require a permit for the removal of the underground storage tanks. The Police Department is concerned that the landscaping does not block ingress, egress visibility and that security measures be provided for within the structures. A negative environmental impact declaration has been prepared as a Categorical Exemption pursuant to Section 6.4 of Resolution 73-24. The Community Development Department encourages the proposed use subject to design amenities that would contribute to enhancing the property; i.e., signing, landscaping, color of structure, and area lighting. Commissioner Hare questioned if the current sign ordinance did not allow free-standing signs. Mr. Flea~le responded that sign controls for E1 Camino Real are subject to the provisions of the E1 Camino Real Specific Plan. Chairman Sharp opened the public portion of the hearing at 7:40 p.m. Mr. Harry F. McCue of the Firestone Tire & Rubber Company, 1228 Placentia, Fullerton, stated it was his understanding that a five foot planter would be adequate. They propose to utilize this abandoned service station site by a short-term lease with option to buy. If purchased, they will return to Planning Commission with proposal to tear down and rebuild existing structures upon termination of lease. An enlarged planter reducing the front area to 23 feet would make it impossible for them to use the property. He noted that the sidewalk, which is 12 feet wide, has existing tree wells located therein. Additionally, his firm would prefer a free-standing sign but will abide by the decision of the Planning Commission. Mr. McCue stated that a 10 foot planter area would prohibit automobile traffic from turning into their service desk area. Commissioner Dombrow questioned Mr. McCue as to the basic turning requirement needed. Mr. McCue stated that in this particular situation, a minimum of 28 feet for ingress and egress is required. The front area will not be used for parking or product display. The public portion of the hearing was closed at 7:46 p.m. Chairman Sharp suggested tapering of the planting area, leaving enough turning radius to safely maneuver vehicular traffic. Commissioner Larnard stated 25 feet is adequate for major portion of automobile t~affic. Chairman Sharp stated that a 25 foot aisle width would be suitable to the Planning Commission with tapering of planting area. Mr. Fleagle confirmed that Resolution No. 1363 would be adequate, as amended to include these changes. PC Minutes 9/10/73 Page three Upon questions by Commissioners related to window signs, banners, and other promotional signing, Mr. Flea~le pointed out that the City does not control signs located inside the structure, but promotion signs are subject to special permit. Commissioner Larnard moved that approval of Resolution 1360, amended by addition to Item 2. b) to include, "and free-standing signs~' as prohibited, and that Item 2. a) directs staff review and approval of color of buildings, landscaping, lighting and wall signs, as well as the change in planting areas. Motion seconded by Commissioner Dombrow. MOTION CARRIED: 5 - 0 2. UP-73-16 Estate Builders International, Mr. W. Tom Conel, President, to approve application for a Use Permit to authorize a commercial and professional complex in the Planned Community (Commercial) District. Location: Triangle bounded by Newport Avenue, Main Street, and Bryan Avenue. Mr. Flea~le reported that application has been made for a Use Permit to authorize a commercial and professional complex encom- passing 3.481 acres. The applicant proposes 43,000 sq. ft. of retail shops, 1,400 sq. ft. snack shop, and 5,000 sq. ft. of office space. The parking ratio for the complex is equivalent to one space for each 205 sq. ft. of area. Subject property was classified in the Planned Community District for the purpose of providing the Planning Commission an oppor- tunity to review the total development to assure compatibility. Two of the parcels within the triangle have been developed and sold to separate owners. This proposal will develop the remaining two parcels, including the small triangle that was the previous subject of applications for a service station and a food take-out restaurant. The Development Preview Commission found the design concepts very interesting and appropriate for the site. The Police Department finds the location suitable for the proposed developments and recommends security measures be designed into the building plans. Planting areas should be reviewed to preserve sight distance visibility at intersections. The Engineering Department will require planting of street trees on Bryan and Main Street frontages, the undergrounding of utilities, and curb cuts and paving to city specifications. The Community Development Department has concern for the parking accommodations of the total site. As presently designed, there are a total of 381 parking spaces serving consolidated uses. Seven of the spaces on the easterly project boundary are unacceptable from a traffic design standard. The project provides 241 parking spaces. By standard criteria, 220 would be required for retail activities and 14 for the office space, equalling 234 spaces. However, cognizance must be taken of the parking accommodations of the restaurant on the adjoining parcel, which requires 65 parking spaces on this parcel for banquet accommodations, used primarily during the evening hours. PC Minutes 9/10/73 Page four In recognition of the consolidated and complimentary uses, staff recommends that the total site provide parking accommodations for a total of not less than 370 spaces and that the total retail sales area be reduced from 43,000 sq. ft. to 38,000 sq. ft., and the 5,000 sq. ft. of retail above the parking areas be converted to office space. The project tabulation would then consist of the following: Buildin~ Area: Retail Shops: Snack Shop: Office Space: 38,000 sq. ft. 1,400 sq. ft. 10,000 sg. ft. Total 49,400 sq. ft. Parkin~ Accommodations: 140 spaces - retail and animal hospital 230 spaces - retail and office Total 370 spaces minimum Commissioner Dombrow questioned whether an executed agreement between Estate Builders International, Seta Bella Restaurant and the animal hospital would be required. Mr. Fleagle replied that there will be a reciprocal agreement to be approved by the City Attorney. Chairman Sharp opened the public portion of the hearing at 8:15 p.m. Mr. David Gordon, Architect for Estate Builders International, presented a rendering viewing into the proposed snack shop area and stated that envisioned use would be primarily by employees of the complex and City personnel. At this time, they are considering the serving of wines for lunch, but no other alcoholic beverages or a late night type of facility. A pergola (shown on rendering) will be used primarily for shading of the area. Chairman Sharp questioned if the pergola would be lighted to w~ich Mr. Gordon replied that it would not, but that lighting would come from shop interiors and be placed in the landscaping away from the residential area across the street. Commissioner Dombrow asked about their sign plans. Mr. Gordon stated they would be a bronze type, of a refined nature, pursuant to a master sign plan. Mr. John Siegel, 515 East First St., Tustin, stated he owns the apartment complex across the street from the proposed development, thereby representing himself and approximately 112 fairly permanent residents. At the time he made application for a Zone Change from commercial to residential to construct his apartments, he was told the area would be primarily residential and they would like it maintained in that manner. Their specific concerns are with the restaurant, its location with respect to his property, and its use. If it is located directly across from residential units, what will the lighting be, the type of signing, hours of operation and what will eventually evolve from such a restaurant. Also, he is concerned with service core at the end of the pro- perty and parking. It is his opinion that the restaurant would be better located on Newport Avenue, across from the commercial area. PC Minutes 9/10/73 Page five Tom Kosuth, 13461 Elizabeth Way, Tustin, requested information concerning the development of the corner of Bryan and Main Streets. The public portion of the hearing was closed at 8:30 p.m. Commissioner Dombrow requested Mr. Gordon to answer questions raised by other members of the audience. Mr. Gordon stated the snack shop would primarily be an underground luncheon-type facility, with no visible dining. With regard to parking, applicant is entirely willing to have City restrict parking on Main Street. In reply to a question posed by Commissioner Dombrow, Mr. Gordon stated the complex would be centrally air conditioned but the facility would be screened from public view on the roof. To Commissioner Hare's question as to hours of retail shops and restaurant, Mr. Gordon replied they would be guided according to custom in Tustin, but restaurant would probably close no later than 9:00 p.m. Commissioner Hare questioned whether Mr. Siegel was satisfied with the answers given. Mr. Siegel stated that he had heard speculative conversation but nothing specific. Therefore, he again attempts to maintain integrity of relationship between his property and proposed complex. Chairman Sharp questioned Mr. Siegel whether the Seta Bella Restaurant upset occupants of his apartments, to which Mr. Siegel replied in the negative because of its location being qhite removed. Commissioner McHarris queried Mr. Siegel if his concern was for traffic, parking, or some other issue. Mr. Siegel replied that when the restaurant is completed, the operators thereof will be primarily interested in getting people into the project. Will they have signs, lights, will the restaurant be screened and how will they merchandize their products? Mr. Siegel stated that a closing hour of 9:00 or 10:00 p.m. would be satisfactory. Chairman Sharp suggested that a continuance might be in order so that Mr. Siegel could study the proposed complex and and present more concrete questions at the next meeting. Commissioner Hare asked Chairman Sharp if the Planning Commission would have control of signs, lighting, etc., to which Chairman Sharp stated he would prefer lighting be handled at staff level. Commissioner Hare moved for a continuance to the next regular meeting of the Planning Commission. Seconded by Commissioner Larnard. Mr. Fleagle stated that applicant has been working on this project for more than thirty days prior to hearing. Property is presently in escrow with a letter of consent received by the City from Gulf Oil Company. A continuance would cause delay in close of escrow stated Mr. Hamilton Smith, Vice President of Estate Builders International; therefore, they hope to get at least a contingency type of approval in order to close escrow. A two week delay would cause them to go into option on escrow as well as create difficulty in the tie-in of their loan. PC Minutes 9/10/73 Page six Mr. Siegel stated he did not feel a two week delay would cause any serious difficulty, and would give him an opportunity for discussions with the Architect, Developer and City of Tustin Planning Department. Commissioner Larnard feels Commission does not know, at this point, restaurant lighting, signing, hours of operation, etc., and before determination can be made that it is acceptable, these matters will have to be clarified. Mr. Fleagle commented staff is interested in seeing a project of this quality go on this site. As far as any proposal trans- mitted to date, this is the most complimentary and he would not like to see it jeopardized by any delay. If it pleases the Commission, the wording in Resolution No. 1364, Paragraph 2. d) could be changed to require: "Planning Commission approval of final plot plans, elevations, landscaping, materials, master sign plan, and hours of operation." Mr. Fleagle further strongly recommended Commission approval without delay. MOTION TO CONTINUE HEARING: Ayes - Dombrow, Larnard Noes - Hare, McHarris, Sharp MOTION FAILS - 3 - 2 Commissioner Dombrow moved to adopt Resolution 1364 with change~Qf Paragraph 2. d) to read, "Commission approval of final plot plans, elevations, landscaping, materials, master sign plan, and hours of operation." Seconded by Commissioner Larnard. MOTION CARRIED: 5 - 0 It was pointed out that this would be an agendized item where Commission would review precise development plans and any changes thereof by Minute Order or Resolution approval without public hearing. Any interested party who wishes to know when this will be on the Agenda can be so advised. All interested parties are free to review plans and make comments for submittal to Planning Commission. 0 Amendment to Section 4.11, Ordinance 157 as amended (Zoning Ordinance). Mr. Flea~le stated that due notice to the public has been given. No correspondence has been received in relation to this amendment. At the request of Commissioner Dombrow, Mr. Flea~le read Section 4.11 of Ordinance 157 in its entirety and then noted that no deletions were being made, but the proposed amendment is an addition to the presently existing section of the Ordinance. Chairman Sharp opened the public portion of the hearing at 9:25 p.m. There being no response, the public portion of the hearing was closed at 9:26 p.m. Motion by Commissioner Larnard, seconded by Commissioner Hare, that %he Planning Commission adopt Resolution 1363, substantially as drafted and recommend to the City Council the adoption of the amendment to the Zoning Ordinance. MOTION CARRIED: 5 - 0 PC Minutes 9/10/73 Page seven PUBLIC CONCERNS - NONE OLD BUSINESS - NONE NEW BUSINESS 1. Environmental Impact Statement - Flood Control Project Location: Red Hill Avenue, from Barranca to 400 feet northerly of Bell Avenue Mr. Flea~le informed Commission that the City of Tustin has initiated a grant application to the Economic Development Administration for a Flood Control Project along Red Hill Avenue from Barranca Road. to 400 feet northerly of Bell Avenue. This project would provide storm water drainage for the Tustin Industrial area, as well as a portion of Santa Ana. The City of Tustin would be the Lead Agency for the project and would there- fore have the responsibility for an Environmental Impact Report. He also noted no persons or property will be disrupted. Motion by Commissioner Larnard, seconded by Commissioner McHarris, that the City of Tustin make a finding of a Negative Environmental Impact Declaration for the proposed Barranca Storm Drain Channel Extension (F09) Project by adoption of Resolution No. 1365. MOTION CARRIED: 5 - 0 AUDIENCE PARTICIPATION - NONE CORRESPONDENCE County Conditional Permit 1490 - Marvin Goodwin - to authorize construction of apartment complex Location: 12720 Newport Avenue Mr. Lenorovitz reported that during the first week of August, 1973, the staff received a copy of a notice and plans for a Conditional Permit to locate 22 apartment units at 12720 Newport Avenue. The subject property is within the R4-7000 (PD)-3000, "Suburban Residential-Planned Development" District. The proposed location is within an unincorporated area of Orange County, approximately a block northeasterly of our city boundary, and is included in our Sphere of Influence. In reviewing the site plans for this proposal, the staff had a number of concerns. The particular problem, at that time, was the inherent problem in circulation and lack of provisions for an adequate turn-around area for emergency and service vehicles. Consequently, on August 9, 1973, the staff responded by letter to the County Planning Department stating that due to these important problems, the development plans were unacceptable as submitted. Recently, staff has received a revised set of plans from the County indicating a reduction in units from the initial proposal of 22 to the current proposal of 20 units. By reducing the number of units, a turn-around area has been provided. However, the radius for the cul-de-sac turn-around area is indicated at 32% feet, while our City's standards require a 38 foot turning radius. Thus, vehicular traffic, service vehicles, and emergency vehicles could have difficulty in negotiating a turn within the radius as indicated. PC Minutes 9/10/73 Page eight The staff, therefore, has prepared a letter for Chairman Sharp's review, expressing these concerns to the Orange County Planning Commission. Chairman Sharp expressed his desire that the last sentence express his concern of the Commission concerning fire vehicles in particular. Mr. Lenorovitz concurred that this change could be made. By unanimous consent, the Commission approved the Chairman's dispatch of a letter of concerns to the Orange County Planning Department. County Use Permit 3440 - Lemon Heights Mutual Water Co. - to permit construction of water reservoir and pump station. Location: Tustin northeast unincorporated area. Mr. Lenorovitz stated the staff has received a copy of the notice and plans from the Orange County Planning Department per- taining to a request for a Use Permit. by the Lemon Heights Mutual Water Company to locate a 200,000 gallon still water storage reservoir and pump station within the 125-E4-20,000 "Small Estates" District. The staff has a number of questions regarding this proposal. In contacting the Orange County Planning Department, the staff found that an Environmental Impact Report has been filed for this project. However, we have not received a copy. In order to adequately review this proposal, a copy of this EIR is necessary. The staff, therefore, recommends that the Commission review the draft letter prepared for the Chairman's signature, request- ing copies of the Environmental Impact Report for this project. There is adequate time to send letter and receive the requested copies since the public hearing is scheduled for September 24, 1973 before the Zoning Administration. Commissioner Larnard moved that the draft letter be forwarded to the Orange County Planning Department requesting copies of the EIR for U.P. 3440; seconded by Commissioner Hare. Unanimously approved. STAFF CONCERNS Pending Items Zone Change for the Irvine Company - South of the Santa Ana Freeway. 2. Draft Environmental Impact Report - Irvine Co. Mr. Flea~le stated reports and request for comments have been submitted to interested agencies. Final report will be adopted by City Council. The final EIR will incorporate comments of the Commission. These recommendations can be submitted individually to the staff or they can be presented as a result of a concerted Commission action at the hearing. Mr. Flea~le stated his preference for individual comments prior to hearing so they can be read into the hearing and the environmental con- sultant can then respond with answers to any questions posed. 3. Use Permit for Planned Development District on Browning and Nisson Road. PC Minutes 9/10/73 Page nine COMMISSION CONCERNS 1. Commissioner McHarris questiond the Walker & Lee sign on Red Hill Avenue, stating it did not appear to be the sign the Commission approved. Mr. Flea~le stated the height is the same, 5'8", lettering, etc., is the same. What is different is the fact that it is now sitting along without landscaping; thereby making it appear differently than the sign approved by the Commission. 2. Commissioner Hare stated it was his understanding that the Chamber of Commerce has scheduled a meeting for Wednesday evening, September 12, 1973, which meeting he plans to attend. According to his information, it is a sign committee appointed by Council. Mr. Flea~le replied that a letter had been received by the City Council inviting representation to a sign discussion. Also, it is his understanding that a flyer has been put out announcing a meeting of "Save our Signs." Mr. Fleagle assumes Council will not be responding. They have not asked Commission or staff to represent them at the meeting. ADJOURNMENT Commissioner Larnard moved to adjourn to the next regular meeting of September 24, 1973 at 7:30 p.m.; seconded by Commissioner Hare. MOTION CARRIED: 5 - 0 -CHAIRMAN OF TH~--PI~NNING CO~k~ISSION ~LA'NN~'~G COMM~SSION RECORDING SECRETARY