HomeMy WebLinkAbout01 PC Minutes 08-28-06
ITEM #1
WORKSHOPS:
1. EARTHQUAKE PREPAREDNESS
2. POSSIBLE SIGN CODE AMENDMENT REGARDING SIGNS IN THE PUBLIC
RIGHT OF WAY
BEGAN AT 6:00 P.M. IN THE COUNCIL CHAMBER
7:08 p.m.
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
AUGUST 28, 2006
CALL TO ORDER
ROLL CALL
Present:
Chair Floyd
Chair Pro Tem Puckett
Commissioners Kozak, Lee, and Nielsen
Staff present
Elizabeth Binsack, Community Development Director
Dana Ogdon, Assistant Community Development Director
Jason Retterer, Deputy City Attorney
Terry Lutz, Principal Engineer
Justina Willkom, Senior Planner
Minoo Ashabi, Associate Planner
Chad Ortlieb, Associate Planner
Ryan Swiontek, Assistant Planner
Eloise Harris, Recording Secretary
None
PUBLIC CONCERNS
CONSENT CALENDAR
Approved
1.
APPROVAL OF MINUTES - AUGUST 14, 2006,
PLANNING COMMISSION MEETING.
It was moved by Nielsen, seconded by Kozak, to approve the
Consent Calendar. Motion carried 5-0.
PUBLIC HEARINGS
Adopted Resolution 2.
No. 4036
CONDITIONAL USE PERMIT 06-007 REQUESTING
AUTHORIZATION TO ESTABLISH A PAWNBROKER
BUSINESS IN AN EXISTING JEWELRY SALES
ESTABLISHMENT LOCATED AT 17480 EAST 17TH
Minutes - Planning Commission August 28, 2006 - Page 1
7:10 p.m.
Swiontek
Kozak
Swiontek
Puckett
Swiontek
Director
Floyd
Director
Floyd
William Houchin,
applicant
STREET, SUITE 105. THIS PROJECT IS LOCATED IN
THE PLANNED COMMUNITY COMMERCIAL (PC COMM)
ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4036
approving Conditional Use Permit 06-007.
The Public Hearing opened.
Presented the staff report.
Asked how long the applicant's other jewelry store in Orange has
been in operation.
Suggested that might be a question for the applicant.
Asked how the pawning of only jewelry items will be regulated.
Indicated that the conditions of approval only allow for the pawning
of jewelry items; anything other than jewelry would be subject to the
Director's approval.
Noted the conditional use permit was conditioned to allow the
Community Development Director to review the conditional use
permit to ensure compliance with the conditions of approval.
Asked if the pawnbroker aspect would require reporting to the
Police Department.
Noted that various conditions require reporting to various State and
local agencies, and approval is further conditioned for annual
review by the Community Development Department.
Added, regarding the letter received from AI Enderle voicing
concerns regarding a pawnbroker use in Enderle Center, that the
jewelry store is located on a parcel in which Mr. Enderle is listed as
the owner but for which there exists a long-term ground lease; Mr.
Allen, the leaseholder, authorized the application.
Invited the applicant to the lectern.
Indicated he has owned and operated a jewelry store in Orange for
the past 15 years.
Minutes - Planning Commission August 28, 2006 - Page 2
Kozak
Asked if that store also offers pawnbrokering.
Mr. Houchin
Answered that he has a second-hand license at that location.
Floyd
Asked if the Orange store includes a pawnbroker business.
Mr. Houchin
Answered in the negative.
Nielsen
Asked how long Mr. Houchin has been operating the Tustin store.
Mr. Houchin
Stated the store has been in operation just over one year.
7:20 p.m.
The Public Hearing closed.
Commission
It was the consensus of the Commissioners to support staff's
recommendation.
It was moved by Lee, seconded by Nielson to adopt Resolution No.
4036. Motion carried 5-0.
Adopted Resolution 3.
No. 4035, denying
the request
CONDITIONAL USE PERMIT 06-008 A REQUEST TO
AMEND THE TUSTIN AUTO CENTER MASTER SIGN
PROGRAM TO ALLOW TWO (2) FIFTEEN FOOT HIGH,
SIX (6) AND A HALF FOOT WIDE, ENTRY MONUMENT
SIGNS WITH 32 SQUARE FOOT LIGHT EMITTING DIODE
(LED) SCREENS. THIS PROJECT IS LOCATED IN THE
PLANNED COMMUNITY COMMERCIAL ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4035
denying Conditional Use Permit 06-008.
7:23 p.m.
The Public Hearing opened.
Ortlieb
Presented the staff report.
Nielsen
Asked if the requested signs would replace the monument signs
peviously approved for the site.
Ortlieb
Answered in the affirmative.
Floyd
Invited the applicant to the lectern.
Minutes - Planning Commission August 28, 2006 - Page 3
Rod Wilson,
representing EMI
Nielsen
Mark Parkinson,
President of Tustin
Merchants
Floyd
Mr. Parkinson
Nielsen
Mr. Wilson
Nielsen
Mr. Wilson
Floyd
Mr. Wilson
Puckett
John Muse, the
lighting engineer
Ortlieb
Stated the reasons for the request for the larger light-emitting diode
signs, emphasizing that new technology enables the use of this
type of improved sign for a facility such as the Auto Center; and,
indicated the sign could be reduced to 12 feet high.
Inquired why the sign plan for the Auto Center is being revisited so
soon when signs were approved within the last two years.
Stated that marketing strategies suggest this type of sign would
better attract the massive amounts of traffic that are anticipated on
Tustin Ranch in the future; the monument signs are inadequate for
the number (14) of auto dealers at the Auto Center; the newer
technology would present a variety of messages.
Inquired about how much information drivers might be able to
garner in the amount of time it would take to pass by the requested
signs.
Noted that it is not possible to read all the monument signs; the
idea is to advertise over time to repetitive travelers along the routes.
Asked what other cities have similar signs on surface streets.
Indicated there are over 100 locations.
Inquired what cities specifically have the signs on surface streets.
Named Cathedral City, Palm Springs, and Beach Boulevard.
Stated the examples all seemed to be on major thoroughfares.
Stressed that the Auto Center wants to be on the cutting edge.
Stated a concern for the residents across the street on Tustin
Ranch Road.
Stated that his lighting analysis shows that the illumination levels
would not be detrimental to the neighborhood and that this type of
sign would not cause excessive contrast which is what causes
glare.
Indicated that a resident looking out from a window will see a
screen with light.
Minutes - Planning Commission August 28, 2006 - Page 4
Mr. Muse
Ortlieb
Mr. Muse
Kozak
Mr. Muse
Lee
Mr. Wilson
Lee
Mr. Wilson
Floyd
Lee
Mr. Wilson
Kozak
Mr. Wilson
Floyd
Randy Avery,
2231 Hawthorn
Place, Tustin
Agreed that residents would see the sign, but the sight would not be
any more distracting than the lights already existing at the Auto
Center.
Stated the City has standards to ensure lights have blinders to
prevent direct light being visible to residential neighborhoods but
that no such measure exists for the proposed sign.
Indicated that the signs have technology built in to reduce the angle
that light would project and the signs might not focus on windows.
Asked whether or not the sign would be visible through a window.
Answered in the affirmative.
Asked if there would be any possibility of a simulation on-site to
show how bright certain colors might be.
Indicated that might be a possibility.
Inquired if the signs were with different technology than the freeway
signs.
Answered in the affirmative.
Suggested that all one has to do for a demonstration is look at the
freeway sign.
Noted the proposed sign would be at a different level.
Indicated the light emitted on the proposed signs would be similar
to that on a computer screen.
Asked if Mr. Wilson could provide relative dimensions.
Stated the proposed signs would be 5' high by 6' 6Yi' wide; the
freeway sign is 22 feet high by either 20 or 26 feet wide.
Invited the public to comment.
Indicated he was representing the Sycamore Glen Homeowners
Association which includes homes along EI Camino Real, Tustin
Ranch Road, and Bryan Avenue; the Association believes the
residents will be adversely impacted by the proposed 120 degree
light arc of the sign; the freeway sign is very unattractive and similar
signage near residents would be unacceptable.
Minutes - Planning Commission August 28, 2006 - Page 5
Heather McKenzie
Densmore, 13586
Sweetshade, Tustin
Sig Hommeland,
13561 Almond
Scott Rifkin, 2188
Aspen, Tustin
Director
Theresa Rifkin,
2188 Aspen, Tustin
8:12 p.m.
Adopted Resolution 4.
No.4034,as
amended
Stated her family lives in Sycamore Glen and the residents are
opposed to this signage; families have a right to expect their
children to have proper sleep; if the Tustin Auto Center is No. 1 in
sales, chances are the reason for that success is not the signage
but due to customer service.
Stated his objection to allowing this type of signage for the Auto
Center.
Added his opposition to the foregoing; and, suggested there is
already too much light emanating from the Auto Center.
Noted that staff is concerned about the effect of the sign on
residential uses and has provided findings related to the
environmental issues, but staff is equally concerned regarding the
precedent that approval of the signs would set.
Stated there could also be a driver safety issue related to motorists
trying to read the signs.
The Public Hearing closed.
It was the consensus of the Planning Commissioners that, while
they appreciate the value of the Auto Center to the City, the findings
delineated in the resolution set forth the reasons they could not
support approving the request.
It was moved by Puckett, seconded by Kozak, to adopt Resolution
No. 4035 denying the request. Motion carried 5-0.
REGULAR BUSINESS
CONTINUED DESIGN REVIEW 06-004 FOR
AUTHORIZATION TO BUILD A ONE-STORY COMMERCIAL
RETAIL BUILDING 2,808 SQUARE FEET IN AREA
APPROXIMATELY FOUR (4) FEET FROM THE EXISTING
NEWPORT AVENUE RIGHT-OF-WAY. THIS PROJECT IS
LOCATED AT 14111 NEWPORT AVENUE IN THE
PLANNED COMMUNITY COMMERCIAL ZONING DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4033
denying the request to construct the proposed retail building at
four (4) feet to the property line along Newport Avenue; or,
Minutes - Planning Commission August 28, 2006 - Page 6
Ashabi
Nielsen
Lutz
Puckett
Lutz
Nielsen
Director
Nielsen
Ashabi
Floyd
Jeff Mayhew,
Strata
Director
Commission
That the Planning Commission adopt Resolution No. 4034
directing the applicant to work with staff redesigning the site to
meet the required development standards.
Presented the staff report.
Asked if there was a timeframe for widening Newport Avenue.
Indicated there are no immediate plans.
Asked if the connection of Newport Avenue to Edinger Avenue
would take place sooner.
Answered in the affirmative.
Asked if development standards would be grandfathered if the
application were approved.
Answered in the affirmative.
Referred to the nine foot setback proposed; and, asked what
setback exists at the site now.
Answered that the setback is approximately five feet.
Invited the applicant to the lectern.
Thanked staff and the Planning Commission for the opportunity to
speak; and, reiterated, with photo enhancement, the reasons the
application should be approved.
Noted that an enhanced building design with towers at the corner
would provide for an inviting gateway into the shopping center;
indicated that he is willing to set the building back ten (10) feet to
provide for future street widening, but an irrevocable offer of
dedication would be unfair at this point; and, added that this site
should be considered with other sites along Newport Avenue for
right-of-way acquisition at a future time.
Answered that a dedication would be required for development of
the site; staff can work with the applicant to accommodate a revised
parking plan and consider a modified setback for parking along
Mitchell Avenue.
Agreed that the completed phases of the Strata project have
enhanced a formerly blighted section of Newport Avenue; however,
Minutes - Planning Commission August 28, 2006 - Page 7
putting $1 million fund for a future major arterial right-of-way in
jeopardy would be unacceptable. The Commissioners chose to
adopt a resolution allowing the applicant to work with staff to come
to an agreement that would not jeopardize that fund.
It was moved by Puckett, seconded by Lee, to adopt Resolution
No. 4034 with the modification as follows:
Finding C to read:
"Due to the dedication that was provided along Mitchell Avenue, the
twenty (20) foot setback for the first parking stall standard as
required by the City's Parking Design Guidelines may be modified if
safe and adequate on-site and off-site circulation can be
accommodated."
Motion carried 5-0.
STAFF CONCERNS
5. The regular meeting of the City Council scheduled for August
21,2006, was cancelled.
COMMISSION CONCERNS
Nielsen
Thanked staff for their reports.
Kozak
Added his thanks to the staff for their reports and also for the
workshops.
Noted there are offensive stickers on the backs of Old Town
directional signs.
Lee
Stated there is a 5 x 10 foot graffiti mural behind the Lexus
dealership.
Director
Indicated that graffiti had already been taken care of.
Lee
Thanked staff for their reports.
Puckett
Asked if anything can be done about the property between
Peppertree and Tustin Meadows.
Congratulated Dick Hsu of Tustin Acura on the recent celebration of
20 years at that location.
Minutes - Planning Commission August 28, 2006 - Page 8
Floyd
9:30 p.m.
No concerns.
ADJOURNMENT
The next regular meeting of the Planning Commission is
scheduled for Monday, September 11, 2006, at 6:00 p.m. in the
City Council Chamber at 300 Centennial Way.
Minutes - Planning Commission August 28, 2006 - Page 9