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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