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HomeMy WebLinkAboutPC Minutes 03-11-02MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 11, 2002 7:01 p.m. Kozak Given City Council Member Lou Bone Jennings absent Staff present Chair Davert presented outgoing Chairperson Leslie Pontious with a plaque and bouquet of flowers in appreciation of her years of service and dedication to the City CALL TO ORDER Before leading the Pledge of Allegiance, Commissioner Kozak noted March 1 1th is the six-month anniversary of the terrorist attacks on the Wodd Trade Center and the Pentagon; and, asked that everyone take this opportunity to pause and reflect on those who lost their lives, those who gave their lives, and those who continue to do so that we may freely gather in places of public assembly and freely pledge our allegiance to the flag of our country. PLEDGE OF ALLEGIANCE Newly appointed Planning Commissioner Mark Denny was sworn in by Council Member Bone. PLANNING COMMIS.SlON REORGANIZATION Chairperson Pro Tam Davert asked for nominations for the office of Chairperson. Commissioner Hamilton nominated Commissioner Davert. There were no other' nominations. The nomination was unanimously approved. Chairperson Davert opened nominations for Chairperson Pro Tern. Commissioner Hamilton nominated Commis- sioner Kozak, seconded by Davert. Motion carried 4-0. ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Paterson, Senior Planner Minoo Ashabi, Associate Planner Matt West, Assistant Planner Boise Harris, Recording Secretary PRESENTATION Ms. Pontious thanked the Commission for this acknowledgement and remarked that the past year's Planning Commission was one of the strongest in her years of participation; thanked staff for their hard work; and, offered her his, torical expertise, should it be useful in the futu re. Commissioner Kozak stated it was a pleasure to work with Ms. Pontious over the years; noted he considers her the Planning Commission historian; and, thanked her for her thoughtful, genuine commitment to the community. Minutes -- Planning Commission March 11, 2002 - Page I Approved 3-0; Denny abstained Adopted Resolution Nos. 3823, 3824, and 3825, as modified 7:13 p.m. Commissioner Hamilton thanked Ms. Pontious for her many contributions to projects she was involved in approving; and, noted she leaves a rich legacy to the City, Chairperson Davert referred to Ms. Pontious as the "Planning Commissioner Emeritus." PUBLIC CONCERNS -- None CONSENT CALENDAR Minutes of February 11, 2002, Planning Commission meeting; It was moved by Kozak, seconded by Hamilton, to approve the Consent Calendar. Commissioner Denny asked the City Attorney whether he should vote or abstain. The City Attorney indicated that decision is left to the discretion of the individual. Motion carried 3-0. PUBLIC HEARINGS DESIGN REVIEW 01-036 AND CONDITIONAL USE PERMIT 01-029 REQUESTING: 1) APPROVAL OF DESIGN REVIEW 01-036 FOR SITE DEVELOPMENT, ARCHITECTURAL DESIGN, AND LANDSCAPE DESIGN FOR DEVELOPMENT OF A 16,000 SQUARE FOOT FURNITURE RETAIL STORE; AND, 2) APPROVAL OF CONDITIONAL USE PERMIT 01-029 FOR AN AMENDMENT TO THE MASTER SIGN PROGRAM FOR THE MARKET PLACE TO ALLOW LOGO SIGNS FOR PAD TENANTS OVER 12,000 SQUARE FEET. THIS PROJECT IS LOCATED AT 2996 AND 3006 EL CAMINO REAL IN THE EAST TUSTIN SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: Adopt Resolution No. 3823 adopting the Final Mitigated Negative Declaration for Design Review 01- 036 for development of a 16,000 square foot furniture retail store; Adopt Resolution No. 3824 approving Design Review 01-036 to construct a 16,000 square foot retail furniture store; and, Adopt Resolution No. 3825 approving Conditional Use Permit 01-029 to amend the master sign program for The Market Place to include a new section related to major pad tenants signs and Iogos. The Public Hearing opened. Minutes -- Planning Commission March 11. 2002 -- Page 2 Ashabi Director Davert Holland Kozak Ashabi Hamilton Ashabi Kozak Anderson Denny Ashabi Denny Anderson Jerry Engen, Vice President of The Irvine Company, representing the applicant Presented the staff report, noting that proposed changes to the Conditions of Approval were provided at the dais. Added that additional conditions suggested by the City Attorney were also provided at the dais. Asked if the conditions were revisions or additions. Answered the new conditions are revisions to Conditions 1.5, 1.7, and 1.8 within the staff report; added that Condition 1.5 was included to encompass concerns the Attorney General has raised in regard to the use of these kinds of indemnity clauses. Asked if the transplantation of the palm trees will include requiring like replacement if the plants experience distress. Responded there is a condition that includes the total number of trees to be installed and maintained on-site. Stated he noticed on page 7 of the parking analysis that Ethan Allen has a parking ratio of 1/500; and, asked why this ratio was used as opposed to Krause's, which is 1/250. Answered the parking ratio is based on furniture store use, which may not be consistent between Phase I and Phase II. Asked the Traffic Engineer if that is in fact the case. Answered affirmatively. Questioned whether or not this proposal will be for customer distribution or a showroom and whether or not the west side of the building will be used for customer pick-up. Answered the project will be a showroom. Asked whether or not this project will have an impact on parking lot sales, typically during the holidays, by other furniture stores on that side of the lot; and, asked if parking lot sales will be prohibited in the future. Stated the staff report did not consider parking lot sales, which are considered special events and are looked at on a case-by-case basis by staff as such requests are submitted. Thanked staff for the work involved in preparing this application; stated the applicant worked closely with staff in preparing the documents required; stated this project completes the buildout for The Market Place in Tustin; noted the architecture is compatible with the surrounding architecture based on the Legoretta design; stated the four-sided architecture suits the pad location within the shopping center; agreed with all the conditions as written and with the proposed changes provided at this meeting; stated the members of the design team responsible for the application were in the audience and available to answer Minutes - Planning Commission March 11, 2002 -- Page 3 7:23 p.m. Hamilton Ashabi Hamilton Davert Kozak Peterson Hamilton Director Mr. Engen Hamilton Mr. Engen Director Hamilton Director Davert any questions from staff or Commissioners; and, addressing Commissioner Hamilton's concern, added that the actual demand component of the traffic study was 1/250, not 1/500. The Public Hearing closed. Asked if Resolution No. 3824, Condition 4.4, should state the size of the six carrot wood trees and four bamboo trees as 5-gallon. Stated the provision is for 36" boxes. Asked if the condition should be amended. Suggested referencing "as shown on plans." Asked if these requirements are listed in the proposed landscaping plan. Stated the size should be specified in the condition. Asked, in terms of weekend congestion, if Sunday deliveries might present a problem. Suggested the applicant might want to respond to this question; and, added that Sunday is a prime day for furniture sales. Asked if Commissioner Hamilton's question involved restricting the hours of delivery on Saturday and Sunday. Responded that he was suggesting consistency with the Saturday restriction, since Saturday would probably be more congested than Sunday. Replied that applicant would be amenable to this request if the Commission believes the time restriction is important, but would rather not unduly restrict the tenant from having deliveries when needed. Stated that staff has the ability to re-review any issues associated with the application; if congestion becomes an issue, staff can request that the applicant voluntarily impose a restriction. Regarding Conditional Use Permit 01-029, Condition 1.3, asked if shortening the timeframe from 12 months to a shorter length of time might be advisable, consistent with other developments approved within the City. Stated that is a standard condition; noted her understanding of Commissioner Hamilton's concern in view of some projects in the City; and, indicated applicant intends to proceed promptly into plan check and start development. 'Stated he iS pleased to see this pad being built; it will be a welcome addition to The Market Place; stated he is not in favor of restricting this applicant because 12 months is a reasonable timeframe; added that the restriction of Sunday delivery hours should be addressed only if a problem develops; and, asked for a motion. Minutes - Planning Commission March 11, 2002 -- Page 4 Received and filed the report Director Kozak Anderson Kozak Anderson It was moved by Denny, seconded by Kozak, to approve staff's recommendation with an amendment to Condition 4.4 on Resolution 3824 to specify 36-inch boxes for the trees and other amendments provided by staff. Motion carried 4-0. REGULAR BUSINESS CITY OF IRVINE NORTHERN SPHERE AREA ANNEXATION REPORT. RECOMMENDATION: That the Planning Commission receive and file this report. Congratulated Chair Davert, Chair Pro Tem Kozak, and welcomed Commissioner Denny. Reported that the Planning Commission asked for the Northern Sphere information at a previous meeting; the project consists of approximately 3,500 acres, bounded by Portola Parkway, the Foothill Transportation Corridor, the former Marine Corps Air Station El Toro, Trabuco, and Jeffrey Roads; the ~)roject includes 12,350 dwelling units, 730,000 square feet of retail uses, about 7 million square feet of research and industrial facilities, and approximately 4,700 acres of open space lands in accordance with the NCCP Implementation Agreement with the Irvine Company and the City of Irvine; the City of Tustin provided comments on this proposal and included the comments in the packets this evening; most of the comments relate to traffic impacts; and, noted the Traffic Engineer was available to answer any questions specifically related to the technical aspects of the proposal. Stated his appreciation for this report and the copy of a letter previously submitted by the City to the City of Irvine; asked, from a policy perspective, how likely is it that the traffic impacts that have been identified at the staff level are going to be addressed beyond the EIR stage into a practical stage; and, suggested the City's communities will be significantly impacted not only along Irvine Boulevard, but also other streets and intersections. Stated the City has heard from the City of Irvine that they are attempting to address the City's comments; staff has been working with Irvine during the past week and a half, narrowing down some of the items such as expanding the study area, looking at some of the other locations within the City, and providing mitigation in the City. Asked if there is any role for the Planning Commission, aside from being briefed by staff during this process. Responded in the negative, but added that staff attends the City of Irvine's Infrastructure and Traffic Commission, making comments and presentations to that body, which is also an advisory body to the City Council. It was moved by Kozak, seconded by Hamilton, to receive and file the report. Motion carried 4-0. Minutes - Planning Commission March 11, 2002 -- Page 5 West Director Davert Director 6. Project Summary. The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved, major improvement projects, and other items of interest. Highlighted specific projects, including Starbucks at El Camino and Red Hill; noted permits have been issued for an office building on Newport Avenue and the project is under construction; stated the Metrolink platform was completed in January; indicated the El Camino Real streetsoape improvements are underway end are expected to be completed by September; and, added that the water reservoir project on Main Street is also on schedule to be operational by the end of September. Noted that the Tustin Transmission project at Nisson and Newport was a difficult project to make aesthetically pleasing, is turning out very well, and will be recommended for an ARA award upon completion. Stated it is always impressive to see the various projects in this format to appreciate fully the ongoing development of the City. 7. STAFF CONCERNS ~Report on-Actions taken at the February 19, 2002, and March 4, 2002, City Council meetings. Stated the City Council approved denial of the Use Determination for sober living facilities upholding the Planning Commission's decision determining that sober living facilities are boarding houses and are not apartments; noted the Council approved the Conditional Use Permit and modified the Planning Commission's actions to require a higher level parking ratio per client on-site; pointed out that the Planning Commission made its determination based on the facts presented; suggested the parking analysis, which was based on Phoenix House in Santa Aha, perhaps could have been more representative of this project; the operational characteristics of Phoenix House are quite different from the proposed project; stated that, after the Planning Commission, members of the public, and the City Council expressed concern, Traffic Engineer Doug Anderson looked more closely at the characteristics of Phoenix House and determined that facility was not the same as the Car[ax facility; suggested that perhaps in the future staff will need to make the extra effort to ensure that specialized projects receive more attention; and, added that she was not able to make this clarification to the City Council. Noted that staff will be attending a mini-workshop this week regarding the County certification process and will then meet with the Orange County Sheriff's Department to determine how the certification process will work; staff will keep the Planning Commission apprised of developments as the process moves forward. Minutes -- Planning Commission March 11, 2002 -- Page 6 Hamilton Kozak Kozak Denny Denny Davert Davert COMMISSION CONCERNS Congratulated Commissioners Davert and Kozak on their selections as Chairperson and Chairperson Pro-tem, respectively. Thanked staff for the thorough Ethan Allen report. Welcomed Commissioner Denny to the Commission. Noted he attended the graduation ceremony at the Orange County Rescue Mission's Village of Hope; there were more than 100 graduates; it was heart-warming to see the positive impact this program generates. Congratulated Commissioner Davert on his appointment as Chairperson. Welcomed Commissioner Denny to the Commission. Thanked staff for the various agenda items and specifically referred to the proposed renovation of Ralphs and Make-A- Wish Foundation on Red Hill as a good sign of continued improvement in that area of the City. Offered get well wishes to Commissioner Jenniggs for a speedy recovery from her broken ankle and return to the Commission. Noted the following items for Caltrans attention: 1) the sparse landscaping at 17th and SR-55 needs improvement, 2) the area adjacent to the new Chevron station 'at SR-55 and Irvine Boulevard needs to be improved and the chain link fence needs to be repaired; and, noted the Planning Commission had approved graffiti-resistant paint since the building backs up to the freeway. Thanked the Planning Commission and staff for welcoming him to the Commission. Indicated he had a good meeting with the Director last Friday. Stated he is looking forward to his role as a Commissioner. Thanked his fellow Commissioners for choosing him as Chairperson. Noted that he recently met the new Building Official, Khanh Nguyen, another representative of the high-caliber Community Development staff. Stated that, compared with other cities, Tustin has an outstanding Planning Commission and staff. Welcomed Commissioner Denny to the Commission. Noted the streetscape project underway in Old Town is going to be an improvement which residents and tenants of Old Town eagerly await being finished. Minutes - Planning Commission March 11, 2002 - Page 7 Davert Thanked Leslie Pontious for her many years of service to the community. Stated that the parking structure at Quail Meadows has been in disrepair since before he came onto the Planning Commission in 1997, and he is very pleased to see the structure is being rehabilitated; and, noted that, when completed, this parking structure will provide the means to get many cars off the street. Wished Commissioner Jennings a speedy recovery. 7:50 p.m. ADJOURNMENT: It was moved by Kozak, seconded by Hamilton, to adjourn. Motion carried 4-0. The next regular meeting of the Planning Commission is scheduled for Monday, March 25, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes- Ptanning Commission March 11, 2002 - Page 8