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HomeMy WebLinkAbout01 PC Minutes 12-08-03ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING -- 7:00 P.M. 7:00 p.m. Given Nielsen absent Staff present None Approved Adopted Resolution No. 3887 DECEMBER 8, 2003 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Doug Holland, Assistant City Attorney Karen Peterson, Senior Planner Matt West, Associate Planner EIoise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - NOVEMBER 10, 2003, PLANNING COMMISSION MEETING. It was moved by Pontious, second by Amante, to approve the consent Calendar. Motion carried 4-0 PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 03-021 AND DESIGN REVIEW 03-022 REQUESTING AUTHORIZATION TO REMOVE AN EXISTING 599 SQUARE FOOT TWO-CAR GARAGE AND REPLACE IT WITH A 1,405 SQUARE FOOT ACCESSORY BUILDING WITH A 620 SQUARE FOOT TWO-CAR GARAGE CONTAINING TWO (2) VEHICLE PARKING SPACES, A 225 SQUARE FOOT LAUNDRY ROOM AND BATHROOM ON THE FIRST FLOOR AND A 560 SQUARE FOOT SECOND STORY INCLUDING TWO (2) GUEST ROOMS, A READING ROOM, AND A BATHROOM. THIS PROJECT IS LOCATED AT 455 SOUTH PACIFIC STREET IN THE SINGLE-FAMILY RESIDENTIAL (R-l) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission approve Conditional Use Permit 02-021 and Design Review 03-022 by adopting Resolution No. 3887. Minutes - Planning Commission December 8, 2003 - Page 1 7:01 p.m. Holland Menard Holland Menard West Pontious Peterson Jennings Peterson Amante West Jennings Maw Susan McCance, 455 Pacific Street Pontious The Public Hearing opened. Stated it was his understanding that one of the members of the Planning Commission may have a potential issue and might wish to step down; this would be the appropriate time for the Commissioner to indicate why there is a conflict and to step down from the dais. Indicated that his residence is within 500 feet of the site. Stated that, in order to avoid any appearance of a potential conflict, it was his understanding that Commissioner Menard wished to recuse himself and step down from the dais. Stated that was correct and left the dais. Presented the staff report. Expressed concern that adding a second stow next to a single stow might infringe upon the privacy of the neighbors; and, asked if it would be possible to restrict or eliminate the windows on the north elevation. Stated it was within the Commission's latitude to recommend changes to the aesthetics, but one or more of the windows might be required for light and ventilation under the Uniform Building Code; and, suggested a condition could be added to require elimination of windows, if feasible. Asked how far back the windows would be compared to the single stow house next door. Suggested the applicant might be better able to answer that question. Asked what the setback from the property would be for the north elevation. Stated the setback would be five feet. Invited the applicant to the lectern. Noted the house next door is a two stow structure set forward on the lot; and, added that she had confirmed with those neighbors that they are comfortable with the windows and this addition to her home. Withdrew her concerns. Minutes - Planning Commission December 8, 2003 - Page 2 7:10 p.m. The Public Hearing closed. Jennings Menard Adopted Resolution No. 3903 West Jennings Holland Greg Grover, 1410 N. Daly St., Anaheim, Donco & Sons (for Mobil) Menard West Stated that this project looks as though it will fit well into Old Town. It was moved by Pontious, seconded by Amante, to adopt Resolution No. 3902. Motion carried 3-0. Returned to the dais. REGULAR BUSINESS SIGN CODE EXCEPTION 03-001 REQUESTING A MODIFICATION TO AN EXISTING NONCONFORMING POLE SIGN AT 13872 RED HILL AVENUE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3903 denying Sign Code Exception 03-001. Presented the staff report. Stated that the findings support the denial of this application. Suggested the Commission should receive any testimony that the property owner or tenant may wish to provide. Stated that special circumstances exist since the property right allows for the legally existing nonconforming sign; the sign has a legal right to remain even though it does not conform with current sign standards; staff's findings are primarily based on the nonconforming aspects of this sign; these findings fail to recognize the special circumstance involved which is the basis of the exception request; allowing the replacement of this sign will not extend the service life of this nonconforming sign; Mobil will maintain whatever sign is there for as long as the legal right exists; if the exception were allowed, Mobil would also maintain that sign for a long as the legal right exists; the exception would not alter the service life but will be equivalent; the existing sign will remain; the option is to have it remain at its current size or, by approving the sign code exception, at a significantly smaller size. Asked what the appropriate size would be if the site were allowed to have a freeway sign. Responded that such a sign could be 24 feet high and 50 square feet in sign area. Minutes - Planning Commission December 8, 2003 - Page 3 Pontious West Peterson reported Menard Holland Jennings Holland Amante Holland Stated that she had been involved in going through the Sign Code many times over the years and pole signs have always been something that both the Planning Commission and City Council felt strongly should be eliminated at every possibility; the precedent- setting of this application, regardless of any other considerations, would not be a good idea; indicated she would not be comfortable with future requests if this one were granted; asked that the Commission stand firm in its direction; and, stated that she would vote to deny this request. It was moved by Pontious, seconded by Menard to adopt Resolution No. 3903, denying Sign Code Exception 03-001. Noted that the applicant had been informed regarding the seven- day appeal period. STAFF CONCERNS REPORT OF ACTIONS TAKEN AT THE NOVEMBER 17 AND DECEMBER 1,2003, CITY COUNCIL MEETINGS. The City Council approved the updated grading ordinance and the water quality ordinance. The City Council approved the Tustin Block development; the Mayor asked that staff bring forward a parking ordinance to address the Planning Commission's concerns. COMMISSION CONCERNS Asked if it would be possible to put in place a signage ordinance, similar to what the City of Anaheim adopted for the area around Disneyland, eliminating Tustin's nonconforming freeway signs. Answered in the affirmative; and, stated an amortization ordinance requires that nonconforming uses are amortized over a period of time. Asked if such an ordinance would cover all nonconforming signs. Indicated an ordinance could apply to any nonconforming use or be limited to a specific class. Asked about the issue of due process. Stated a rational basis could be established to identify a particular group. Minutes - Planning Commission December 8, 2003 - Page 4 Amante Peterson Menard Amante Pontious Peterson Jennings Noted the risk of allowing a nonconforming sign to be replaced by a less nonconforming use would open the floodgates for future agenda items regarding signs; and, requested that this issue be explored in the upcoming workshops on the Zoning Code. Indicated that she recalled the City of Anaheim participated financially in the sign remodel, and staff could request information regarding their ordinance from Anaheim for the Planning Commission's reference. Stated there is graffiti on the Do Not Enter sign at the Chevron station on Irvine Boulevard and on the apartment complex behind the Petco shopping center on El Camino Real. Noted the tree lighting ceremony was very nice. Offered his condolences to Commissioner Pontious in the loss of her mother. Congratulated Mayor Worley Hagen on the completion of her fourth year as mayor; and, offered further congratulations to Mayor Tony Kawashima and Mayor Pro Tem Lou Bone. Wished everyone a Merry Christmas. Stated the LA Fitness on Newport Avenue has a tent-like structure on which banner signs have been hanging; and, asked staff to check to see if those signs are approved. Noted she also enjoyed the tree lighting ceremony. Asked if a Planning Commission meeting will take place December 22nd. Answered in the affirmative. Explained that she missed the tree lighting ceremony because she was out of town. Indicated she enjoyed the Planning Officials' Forum. Stated that Golden State Insurance at 520 West First Street still has a broken sign. Requested that the meeting be adjourned in memory of Eileen Pontious, Commissioner Pontious' mother. Minutes - Planning Commission December 8, 2003 - Page 5 7:28 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, December 22, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - Planning Commission December 8, 2003 - Page 6