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HomeMy WebLinkAbout01 PC Minutes 11-27-06 ITEM #1 7:00 p.m. MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 27, 2006 CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Floyd Chair Pro Tem Puckett Commissioners Kozak, Lee, and Nielsen Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Clayton Anderson, Code Enforcement Officer Brad Steen, Code Enforcement Officer Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - NOVEMBER 13, 2006, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Nielsen, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. No. 4044, as amended CONTINUED CONDITIONAL USE PERMIT 06-010 AND DESIGN REVIEW 06-015 REQUESTING AUTHORIZATION TO CONVERT AND REMODEL AN EXISTING RESTAURANT BUILDING INTO A DAYCARE CENTER FOR NINE (9) TEACHERS AND NINETY-SIX (96) CHILDREN AT 365 WEST FIRST STREET. THIS PROJECT IS LOCATED IN THE FIRST STREET SPECIFIC PLAN, COMMERCIAL AS PRIMARY USE, ZONING DISTRICT. Minutes - Planning Commission 11-27-06 - Page 1 7:02 p.m. Willkom Barry Curtis, representing the applicant Floyd Mr. Curtis Lee Mr. Curtis 7:14p.m. Nielsen Director RECOMMENDATION: That the Planning Commission adopt Resolution No. 4044 approving Conditional Use Permit 06-010 and Design Review 06-015. The continued Public Hearing opened. Presented the staff report. Stated that he and the applicant were in concurrence with the staff report except for the additional $5,000 deposit; Cathy's Kids has been a long-term member of the community and was relocated from the previous site at the direction of the City to make way for the Library expansion; a $10,000 deposit was required to relocate the temporary trailers if the applicant were to walk away from the project; adding additional deposits places a financial burden on the applicant; it would be more appropriate to have the $10,000 deposit cover the requested $5,000 deposit for inspections; if the fund were to go below $5,000, the applicant could deposit more funds at that time. Asked who holds the $10,000 deposit. Answered the City holds that deposit; and, added that he and the applicant appreciate the efforts of staff and hope that the concerns of the Planning Commission have been met. Asked if the four-month time extension would be sufficient for the project to be completed. Answered that it is the hope that four months will allow enough time; it was discussed at the last meeting that perhaps an additional month could be added at staff's discretion without the applicant having to return to the Planning Commission. The Public Hearing closed. Stated he is pleased with the phasing plan incorporated into the security plan; he feels more comfortable about the project; he favors applicant's request to remove the additional deposit. Indicated that language could be added to the fourth sentence of Condition 1.15 as follows: "... and the current $10,000 deposit for trailer removal may be used to cover the cost of inspections." Funds would be drawn down to cover the cost of inspections, with the understanding that the deposit shall be replenished as needed. Minutes - Planning Commission 11-27-06 - Page 2 Floyd Asked if the additional deposit would then be unnecessary. Director Clarified that the $10,000 deposit was for removal of the trailers in the event the trailers were left on-site after the December 26, 2006, deadline imposed by the Community Development Department; the deadline is now being extended to April 26, 2007; if the trailers are removed by the deadline, the $10,000 deposit would be refunded, less any inspection fees deducted. Lee Stated he was ready to approve the project and hopes that the April 26, 2007, deadline will be met. Kozak Stated the modification of Condition 1.15 should work for both the applicant and the City; thanked the applicant and staff for returning to the Commission with a much-improved project application; the addition of the Phasing, Fencing, and Security Plan shows that the applicant took the Commission's concerns to heart and staff crafted clear conditions of approval and other revisions to incorporate the plans; measures were included to cover compliance and enforcement and ultimate maintenance of the safety of the children during the construction project; he supports the recommended actions with the revision to Condition 1.15. Puckett Complimented the applicant and staff for working together and getting a lot accomplished in two weeks; and, stated his approval of the project. Floyd Concurred with his fellow Commissioners that staff addressed the concerns expressed by the Commissioners, including the inclusion of Commissioner Nielsen's concerns regarding the noise factor during the demolition; moving as much of that work as possible to after hours and weekends will further protect the children. It was moved by Nielsen to adopt Resolution No. 4044, as modified, seconded by Kozak. Motion carried 5-0. Adopted Resolution 3. No. 4043 CONTINUED CODE AMENDMENT 06-005 PROPOSING TO REPEAL AND ADD CHAPTER 4 "SIGN REGULATIONS" TO ARTICLE 9 OF THE TUSTIN CITY CODE. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4043 recommending that the City Council adopt Code Amendment No. 06-005 to amend Chapter 4 "Sign Regulations" of Article 9 of the Tustin City Code. Minutes - Planning Commission 11-27-06 - Page 3 7:20 p.m. The continued Public Hearing opened. Reekstin Indicated there would be no PowerPoint presentation; and, stated the staff report summarized the changes that were made to the ordinance; the changes were provided in underline and strike-out versions for the convenience of the Commissioners. Floyd Stated that one of his concerns regarding the open house sign was that identification on the back would provide no information regarding the location of the open house; and, presented his suggestion for a rider with that information. Reekstin Suggested that one of the drawbacks would be that such information would make the sign more specific to a certain address; if signs are truly generic, sharing among the agents with open houses in a particular direction would be the result. Floyd Stated his understanding that allowing three riders could allow the address, phone number, and Realtor's name. Reekstin Asked if Chair Floyd was referring to multiple riders for multiple addresses. Floyd Indicated that the code would allow three riders to be attached to the generic sign Nielsen Noted that he understood Chair Floyd's point but felt that sort of rider would amount to advertising; either the signs need to be generic or not. Floyd Asked if Commissioner Nielsen was suggesting the possibility of prohibiting signs altogether. Nielsen Reiterated that generic signs with names, phone numbers, etc. would not be generic; the intent is for generic signs to be shared at major arterials. Kozak Stated that on page 19 of the draft ordinance, item 9g requires clarification in terms of the reference that "all such signs may contain a maximum of three riders." Reekstin Indicated that section referred to on-premises signs, not signs on the public right-of-way. Nielsen Indicated that his understanding was the generic signs would be for the arterials, while signs in the tracts would include specific identifiers with riders. Minutes - Planning Commission 11-27-06 - Page 4 Reekstin Lee Reekstin Lee Reekstin Nielsen Floyd Nielsen Director Cherrill Cady, C-21 Saltarelli Don Saltarelli, C-21 Saltarelli Nielsen Mr. Saltarelli Kozak Stated that understanding was correct. Asked if there was a particular reason for the colors of the signs and whether or not those colors would be typical of signs sold in stores. Indicated that staff considered various colors in other communities; no survey was done determine if the signs are available in stores. Asked if there was a reason for choosing white and green. Indicated that those colors would have a more pleasing appearance with the landscaping than colors similar to a stop sign. Asked if the administration of a permit fee to cover staff's costs would wipe out any gain acquired from those fees. Asked Commissioner Nielsen if this question was in reference to the cost analysis requested by the Commission. Answered in the affirmative. Stated that administering a permitting system would probably cost more than staff would benefit. Stated that most of the draft ordinance is appropriate and would help to regulate repeat offenders; the green and white sign will cost the Realtors a lot of money; sellers want the business name on the signs which generic signs would not provide; generic signs would force a no open house policy; the Realtors. should be allowed to police themselves. Indicated he had no problem except regarding the open house signs; if there are already signs at the corners, it would not be necessary to add another one; riders would add to the pollution problem; generic signs would put an additional financial burden on the Realtors; there are ways for the Realtors to promote self- regulation and cut the cost of code enforcement. Asked if Mr. Saltarelli would be satisfied with a reduction in the number of signs rather than requiring generic signs. Answered in the affirmative; and, added that are also franchise agreements that require open house signs be required to have the company colors, logo, etc. Asked for clarification whether or not Mr. Saltarelli had any objection to the proposed number of signs. Minutes - Planning Commission 11-27-06 - Page 5 Mr. Saltarelli Kozak Mr. Saltarelli Karen Lu-Ferguson, Tarbell Realtors 7:40 p.m. Floyd Reekstin/Floyd Floyd Director Nielsen Puckett Retterer Answered that the number is acceptable.. Asked for confirmation that the 1-8 signs would be the same type that the Realtors are presently using. Answered in the affirmative. Stated her understanding that generic signs would be allowed on the major arterials and personal signs in tracts; the current code would be adequate if there were no habitual offenders; the generic signs would be a hardship due to the varying timeframes for open houses; she was unclear regarding a definition of a major thoroughfare. The Public Hearing closed. Asked staff to address Ms. Ferguson's question regarding major thoroughfares. Named such streets as Tustin Ranch Road, Irvine Boulevard, Jamboree, Newport Avenue, Main, Walnut, Seventeenth, etc. Added that personal signs would be allowed within tracts. Clarified that the various homeowners associations may have sign limitations. Stated his preference would be to have fewer restrictions on the real estate industry and have Realtors follow the regulations and not litter the streets with various types of signs; unfortunately, that has not been the case; something must be done; no matter what is decided, the regulations may not please anyone; it is necessary to limit the amount of signs and make the enforcement feasible as the best compromise; the other alternative would be to eliminate all signs; it is necessary to make a decision about aesthetics and free speech; with trepidation, he supports the proposal. Agreed with Commissioner Nielsen; stated the sign code in effect now was approved in 1991 when he was Mayor; and, asked ifthere was any way to approve the proposed changes and revisit the item in six months to see if the industry can regulate itself. Answered that would be difficult; it would be better not to move forward with the ordinance than attempt a six-month trial of self- regulation; the Planning Commission should either approve the proposed change or not. Minutes - Planning Commission 11-27-06 - Page 6 Nielsen Asked how much more of a burden would be placed on code enforcement if the proposed changes are enacted. Anderson Answered that code enforcement would be somewhat easier, especially on the major arterials, because counting signs is easier than measuring distances. Lee Stated that it appears the major offenders of the current regulations are not the members of the industry who have attended the meetings; self-regulation has not worked; a decision needs to be made to correct the problem. Floyd Noted that staff has been working with the real estate community since October to handle the problem, with no change in the behavior of certain people; there are multiple real estate offices contributing to the sign blight. Lee Stated this ordinance would provide another opportunity for self- regulation; communication needs to take place among the Realtors regarding the placement and removal of generic open house signs. Floyd Indicated he does not believe that will happen. Lee Suggested that Realtors should know their market and thus not require multiple signs. Floyd Indicated that they would not know about open houses. Kozak Stated that he has struggled to decide the best way to move forward with the ordinance; the community has sign blight on the public right-of-ways; in addition to the real estate signs, the revisions to the proposed ordinance also cover the political signs and human arrow signs; he supports the recommended action. Floyd Noted that if all the companies were like Mr. Saltarelli's, this sign ordinance change would not be before the Commission; reiterated that sign blight is a problem at The Legacy; it is necessary for the Commission to respond to the complaints of the residents of the community; those residents have asked the Planning Commission and City Council to do something to correct the problem of blight; while this may not be a perfect plan, there are some cities that do not allow any signs in the public right-of-way; Tustin does not want to go that far; he supports the recommendation of staff. Puckett Stated that he approves of the requirements regarding political signs; given the fact that something needs to be accomplished, he supports the proposal. Minutes - Planning Commission 11-27-06 - Page 7 Mr. Saltarelli Indicated he liked Mr. Nielsen's idea of eliminating the signs from the major intersections, but allowing signs at the entries to tracts; that would diminish the large number of signs. Ms. Cady Stated that offenders do not care if they lose their signs; and, asked what will be done to regulate those individuals. Floyd Asked staff to address that issue. Director Answered that if a code enforcement officer is available, those signs would be removed and the offender billed. Floyd Suggested some form of allowance during the first few months of the ordinance's implementation. Director Indicated that there will be a grace period; and, added that, as most Realtors know, signs are returned after a first-time offence or questionable location. Floyd Asked if staff plans to get the word out. Director Answered that, when a Citywide ordinance is adopted, outreach occurs in an attempt to explain the ordinance before beginning enforcement. Floyd Reiterated that the possibility of not allowing any signs was discussed in the workshops; the generic signs were suggested as a compromise. Nielsen Noted that Mr. Saltarelli was asking that signs be prohibited on the major arterials and personal signs allowed within tracts. Floyd Restated that at least the generic signs are an option; if it gets out of hand, the issue can be brought back to the Planning Commission. Puckett Stated that, if a company is willing to forego generic signs and put signs only in neighborhoods, the companies that put generic signs on the thoroughfares would provide coverage; limiting the number of signs will accomplish the goal. Kozak Noted that he heard a suggestion that signs be eliminated at the arterial intersections; that idea has appeal and should be discussed further. Floyd Indicated that would be a drastic measure to take without the full real estate community in attendance. Minutes - Planning Commission 11-27-06 - Page 8 Nielsen Floyd Reekstin Kozak Kozak None Director reported Floyd Director Reiterated that, given the testimony from the first hearing on this item, the proposed ordinance seems to be the best compromise; of all the options available, this seems the least drastic. Restated that the issue can be readdressed in six months or a year; eight signs at the intersection will be much better than what is happening now. Indicated that the signs will need to be 200-500 feet from the intersection. Agreed that the proposed ordinance is the best compromise. It was moved by Puckett, seconded by Lee, to adopt Resolution No. 4043. Motion carried 5-0. Noted for the record that the item will go before the City Council at the first meeting of 2007, January 2nd REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 20, 2006, CITY COUNCIL MEETING. The City Council held the first reading of Ordinance 1322 relating to prohibited uses in all zoning districts. The City Council held the second reading of the Density Bonus Ordinance which will be taking effect soon. At the December 4, 2006, City Council meeting an Old Town Parking Study will be placed on the Consent Calendar; CDBG funds were reallocated to fund the study; there have been various issues in the Old Town area over the years regarding parking; an RFP was prepared and the City Council will be letting a contract. A Mills Act Contract will also be included on the December 4 Consent Calendar. Staff does not presently have any items to be presented in December. Indicated he will be away for the last half of December; if a meeting is necessary, Chair Pro Tem Puckett would be in charge. Noted "Burritofication" is underway. Minutes - Planning Commission 11-27-06 - Page 9 Floyd Asked if there is a potential opening date for the Newport Avenue Chipotle restaurant. Director Answered in the negative; staff will provide that information to the Planning Commission when it is available. Puckett Added that he had a neighbor ask him if Burritofication is the name of the restaurant. Floyd Noted the name is Chipotle. COMMISSION CONCERNS Nielsen Reminded everyone that the holiday tree-lighting ceremony takes place in Old Town this Friday evening, December 1. Noted the installation of a new mayor and mayor pro tem takes place on December 4. Congratulated and complimented staff for their efforts on the sign ordinance, an enormous undertaking and no easy task. Stated he also appreciates Code Enforcement's input regarding the sign ordinance. Lee Asked if Chipotle will include a drive-through window. Floyd Stated that it is Chipotle's policy not to have drive-through windows. Kozak Added his compliments to staff on both agenda items this evening. Thanked the Code Enforcement staff for responding to a concern he brought to their attention. Mentioned the letter that was provided to the Planning Commission regarding the recognition of outstanding Old Town property, Mr. and Mrs. Gerald Montgomery at 160 Pacific Street; the program by the Historic Resource Committee is demonstrating that there are a lot of historical resources and the recognition of those properties is a good program. Noted that the new office building that is being constructed on Newport is an attractive building; however, the trenching across Newport Avenue for the utilities has resulted in a dip in the area where the patching was done over the trenching; Public Works should be made aware of that situation. Minutes - Planning Commission 11-27-06 - Page 10 Puckett Added his thanks to staff for preparing the difficult items on the agenda. Reminded everyone that Santa Sleigh begins tomorrow; on Wednesday, Chair Pro Tem Puckett will be riding as Santa and then three other times; Officer George Vallevieni started the program and continues to do a tremendous job for the residents of Tustin; when Commissioner Puckett was President of the Tustin Community Foundation, Officer Vallevieni mentioned the idea but indicated there were no funds available; Commissioner Puckett was able to arrange the funds through the Foundation. Noted that Monsignor John Sammon passed away this week; he was 90 years old and a part of SI. Cecilia's Church for years; he gave many invocations at City Hall; he and his wonderful sense of humor will be sorely missed; this evening's meeting should be adjourned in his honor. Floyd Echoed the other Commissioners regarding staff's hard work. Thanked Commissioner Nielsen for taking the lead regarding the Cathy's Kids Club security plan. Thanked staff for working with Cathy Sipia to get the plan implemented so quickly. Suggested the sign code changes may not please anyone, but staff and the Commissioners have made the best compromise; it is important that outreach be provided to the community once the ordinance becomes effective. Verified with the other Commissioners that they will be taking their ethics training and getting their certificates at the scheduled meeting tomorrow. 8:22 p.m. ADJOURNMENT In Honor of Monsignor John Sammon The next regular meeting of the Planning Commission will be scheduled for a date to be determined at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission 11-27-06 - Page 11