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Home My WebLink About03 PC Minutes 8-23-04ITEM #3 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 23, 2004 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager -Transportation Karen Peterson, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES — AUGUST 9, 2004, CONTINUED SPECIAL PLANNING COMMISSION MEETING. It was moved by Nielsen, seconded by Menard to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARING Adopted Resolution 2. CONDITIONAL USE PERMIT 02-021, DESIGN REVIEW No. 3928 and 02-026, AND SIGN CODE EXCEPTION 03-002 Resolution No. REQUESTING APPROVAL FOR 1) SITE, 3929, as amended ARCHITECTURAL, AND LANDSCAPE DESIGN OF A 12,610 SQUARE FOOT WALGREENS PHARMACY WITH A DRIVE-THROUGH LANE; AND, 2) CONSTRUCTION OF A FORTY-NINE (49) SQUARE FOOT SECONDARY WALL SIGN WHERE A MAXIMUM OF TWENTY-FIVE (25) FEET IS PERMITTED, INCLUDING A FIFTEEN (15) SQUARE FOOT SUPPLEMENTAL SIGN WHERE A MAXIMUM OF SIX (6) FEET IS PERMITTED. THIS PROJECT IS LOCATED AT THE NORTHEAST CORNER OF NEWPORT AVENUE AND IRVINE BOULEVARD (13022 — 13052 NEWPORT AVENUE, 1042 OLD IRVINE BOULEVARD, AND 1021, 1025, AND 1031 IRVINE BOULEVARD) ALSO KNOWN AS THE NORTHEASTERLY ONE-HALF OF LOT 1 IN BLOCK 12 Minutes — Planning Commission August 23, 2004 — Page 1 OF IRVINE'S SUBDIVISION, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT. RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3928 approving Conditional Use Permit 02-021 and Design Review 02-026 for the site, architectural, and landscape design of a 12,610 square foot drive-through pharmacy; and, 2. Adopt Resolution No. 3929 approving Sign Code Exception 03-002 to permit construction of a forty-nine (49) square foot secondary wall sign where a maximum of twenty-five (25) feet is permitted, including a fifteen (15) square foot supplemental sign where a maximum of six (6) feet is permitted. 7:02 p.m. The Public Hearing opened. West Presented the staff report, noting minor modifications to the conditions of approval. Floyd Asked if the entire store, not just the drive-through, will be open 24 hours per day. West Answered that both the store and the drive-through will be operational 24 hours per day. Floyd Asked what is planned for the Walgreens just down the street. West Indicated his understanding that facility will be closed, but suggested the Commission may want to confirm that with the applicant. Nielsen Asked if the circulation study performed in 2003 took into consideration the expansion of that intersection. Anderson Responded in the affirmative. Pontious Invited the applicant to the lectern. Richard Starr, Thanked staff for their hard work on the staff report; stated the Project Manager, report correctly summarizes the project and that Evergreen is in full Evergreen agreement with the report and the conditions of approval, including the revisions; and, asked Commissioner Floyd whether his question regarding the other store was specifically referring to the hours. Minutes — Planning Commission August 23, 2004 — Page 2 Floyd Indicated that he was interested in the hours in the old store. Mr. Starr Stated that he was not sure but thought that store's hours were 8:00 a.m. to 10:00 p.m. Floyd Confirmed that the new store, including the drive-through, will be open 24 hours; and, asked what is planned for the old store. Mr. Starr Indicated there is an existing lease on that store; Walgreens will probably sublease it to someone else. Sarah Branigan, Stated she is a resident in the Tustin sphere of influence and is a 10942 Lake Court commercial real state lender; that intersection is the prime, high - Drive, Santa Ana traffic intersection in the City of Tustin; all the residents have looked forward to the redevelopment of that site; Walgreens does not represent the same character as Plaza Lafayette across the street, which is what the residents want; Walgreens will make Tustin look just like every other city; there is no need for another drugstore at this location. 7:15 p.m. The Public Hearing closed. Menard Stated he understood Ms. Branigan's concerns; this use will take the place of the existing Walgreens down the street; this is a better use for the site than what exists there now; he supports this project. Nielsen Noted this is an isolated, triangular piece of property surrounded by two arterials, creating a unique in -flow and out -flow; because of the unique aspect of this piece of property, the wall signs and secondary signs are appropriate; suggested, however, that the Commission must be wary of setting sign code exception precedents, because several recent projects have included such exceptions; and, stated this will be an excellent use for this site. Floyd Stated his support for the project; that area has been blighted for the past few years; this project has a nice architectural style; it is true that sign code exceptions have been frequent and should be looked at carefully in the future; the uniqueness of the site, however, supports the signage requested for this development. Pontious Indicated her first project on the Planning Commission many years ago was sign codes; signage is a difficult matter throughout the City; when the sign code was rewritten, it was kept as tight as possible; it is more desirable to have a tight code with exceptions based on unique features, which this property with the setback from Newport provides; a finding should be included regarding the setback, because that is one of the aspects that makes the exception acceptable; this project will be a plus for this area. Minutes — Planning Commission August 23, 2004 — Page 3 7:21 p.m. The Public Hearing was reopened. Liza Beshoff, 2092 Stated residents had been excited about the prospect of a Trader Lower Lake Drive, Joe's on this site. Santa Ana Pontious Indicated that Trader Joe's is coming to Tustin but not at that site. Ms. Beshoff Stated her concern is the close proximity to this site of two other drugstores. Pontious Stated it is not for the City to determine what business goes in what spot as long as the proposed business is within a permitted use. Ms. Beshoff Asked if it is the City's business to try to encourage businesses that the City will use. Pontious Reiterated that the City cannot tell someone not to sell their property to a particular developer. Ms. Beshoff Insisted that many cities protect the land that is in the center of the community, to make such an important piece of land into something citizens will use that will also enhance the area. 7:23 p.m. The Public Hearing closed. Chairperson Pro Tem Pontious asked for a motion. It was moved by Menard, seconded by Floyd, to adopt Resolution Nos. 3928 and 3929, as amended. Motion carried 4-0. None REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE AUGUST 16, 2004, CITY COUNCIL MEETING. Director There was nothing to report from the August 26, 2004, City Council meeting. The City Council will hold a density bonus workshop September 1, 2004, at 8:30 a.m.; the Council Chamber may be under construction; if so, the workshop will be held in the Clifton Miller Center. COMMISSION CONCERNS: Nielsen Indicated he thought the "Broadway in the Park" production was excellent; and, complimented all the volunteers involved. Minutes — Planning Commission August 23, 2004 — Page 4 Menard Stated he also enjoyed the Broadway performance. Congratulated local resident, Aaron Piersol, on his three Olympic gold medals. Floyd Noted the Broadway production was a tremendous amount of work but was also very successful. Referred to the public works projects creating congestion at Newport Avenue and EI Camino Real. Anderson Stated the two projects in that area should be finished by this weekend, and traffic should be back to normal. Floyd Complimented and thanked staff for tonight's report; and, noted this project will improve a blighted area of the City. Thanked the Parks and Recreation Department for their hard work on the Broadway in the Park production. Pontious No concerns. 7:28 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, September 13, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes — Planning Commission August 23, 2004 — Page 5