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HomeMy WebLinkAboutPC Minutes 07-09-017:02 p.m. Given All present Staff present Approved Continued 7:O4 Ludi Jennings Staff MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 9, 2001 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR APPROVAL OF MINUTES - JUNE 25, 2001, REGULAR MEETING It was moved by Kozak, seconded by Davert, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS CONDITIONAL USE PERMIT 01-010 AND DESIGN REVIEW 01-007 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A 2,158 SQUARE FOOT COIN- OPERATED CARWASH. THE PROJECT IS LOCATED AT 101 TUSTIN AVENUE IN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. Recommendation: That the Planning Commission: 1. Deny Conditional Use Permit 01-010 and Design Review 01-007 by adopting Resolution 3791 (Alternative 1 ); 2. Approve Conditional Use Permit 01-010 and Design Review 01-007 by adopting Resolution 3791 (Alternative 2); or, 3. Take other action as deemed appropriate. The Public Hearing opened. Presented the staff report. Asked where the third coin-operated carwash is located. Answered that carwash is located on Edinger in Jamboree Plaza; the other two are located on First Street and on El Camino Real east of Newport Avenue. Minutes - Planning Commission July 9.2001 - Page 1 Kent Robertson, consultant to Martin Coda Martin Coda, applicant Jennings Mr. Robertson Kozak Mr. Robertson Tom Saltemlli, applicant's attomey 7:35 p.m. Davert Kozak Thanked the Commission for considering the application; stated the time is right for a project on a site that has been vacant for ten years; and, presented itemized reasons the Planning Commission should reject staff's recommendation of denial. Read a prepared statement reiterating some of Mr. Robertson's points and stressing the success of a similar carwash he has operated without negative impact in the City of Placentia for twenty years. Asked for the source of the statistic .6 carwashes per 10,000 population. Answered the Auto Laundry News, June 2001. Asked if the stall capacity is intended to serve RVs with catwalks on the inside. Answered in the negative. Stated that staff did a good job analyzing all the factors involved in this project; noted this has been and will continue to be a problem parcel; this is a fringe area of the City which has seen little investment; First Street was never planned as a gateway to the City; this project at this location should be considered by the Planning Commission and City Council as a benefit to the City; and, asked the Commission to consider the project in light of the fact there are very few self-service bays in the City. The Public Hearing closed. Thanked staff for a thorough report; indicated he met with the applicant's representative to discuss the project; noted he had visited the site; stated he has been an advocate for Old Town Tustin; disagreed that this is a gateway to Tustin, but it is an entrance to the Old Town area to which the Planning Commission should be sensitive; stated this site is a dying area that has been abandoned for ten years; Caltrans encroached on the property when the First Street bridge was widened, reducing the site to an almost useless parcel; stated this project seems the perfect use for the site; the over- concentration issue is a marketplace decision; three coin- operated carwashes in the City do not seem too many; the facility on First Street is packed on weekends; the environmental issue should not be overlooked--the more people who wash their cars in a facility like this, the less run-off goes into the treatment facilities; there was not a similar overconcentration analysis done when Wendy's was approved even though there were several similar uses nearby; restrictions should be imposed faidy; late- night restrictions were not imposed on the last two applicants and should not be imposed on this applicant; unlike the carwash on First Street, this site would not infringe upon the rights of neighbors; property rights are a legitimate issue; and, stated his desire to approve the project without conditions regarding limited hours and requiring roll-up doors. Stated his appreciation for the hard work of applicant and staff; stated he visited the site and attempted to visualize Minutes - Planning Commission July 9, 2001 - Page 2 Pontious Director Jennings Hamilton how the structure would sit on the site; agreed that this is a difficult site for development; stated this is not a preferred use but this is the only proposal before the Commission; stated he struggled with the two alternatives available; and, offered the following suggestions which might persuade the Commission to support the project: · The landscape rendering shows trees 10-15 years old, and the perimeter trees should be larger in size. · There is a lot of concrete; more natural materials should be used along Tustin and First Street to soften the appearance of the concrete and provide more curb appeal; at the entrance, a natural brick band similar to separators between private streets and public rights-of-way could be implemented. · There appears to be a block wall along Tustin Avenue; natural materials would improve that appearance. · Looking at the site from First Street, there is a 8-9 foot drop which the hip roof exaggerates; a peaked roof on the mechanical building would improve that appearance. · The vending boxes shown on the front of the mechanical building facing Tustin could be placed on the west side of the building where other boxes are proposed. · The unsightly appearance of the vacuum islands is the biggest concern; the Union 76 station at 17~h Street in Santa Ana has a vacuum system that has a series of ports that are visible during operation; incorporating something similar into this design would be necessary in order for him to support this project. · The roll-up doors could be eliminated. Stated her concurrence with Commissioner Kozak's suggestions; and, asked staff for suggestions. Answered that, depending upon the consensus of the Commission: 1. The matter can be continued, asking applicant to redesign the project to incorporate the Commission's concerns and comments; or, 2. Staff can bdng a resolution of approval to the next meeting which identifies all the conditions the applicant would need to comply with during plan check. Stated she would not be able to support this project; while she is sympathetic to the property owner's concerns, she views this site as a gateway into Old Town; there are too many automotive businesses on First Street; the project is being referred to as a marketplace decision rather than an overconcentrated land use decision; even though the site is a vacant lot, stated she does not consider it a blight; and, stated her wish to wait until a better solution is found rather than allow another automotive-related business approved for First Street. Stated he also met with Mr. Salterelli, the applicant's attorney; agreed the area needs investment, but stated the following reasons for his unwillingness to approve the project: Minutes - Planning Commission July 9.2001 - Page 3 Pontious Davert Director Kozak Davert · Police concerns with problems in this area. · Concentration of carwashes seems to be in west Tustin and might exceed the .6 carwashes per 10,000 statistic. · The inherent problem is that screening the bays from public view creates a security issue which presents a dilemma in terms of the policy issue. · The General Plan provides the overriding umbrella created by the City and that alone is enough reason to deny the project. · The abandonment of cars is a valid issue since last night there were three abandoned cars on the property to the north. Stated she also met with Mr. Salterelli; commended staff for their excellent work; took exception to comments regarding staff made by the applicant's representative, Mr. Robertson; noted her record for voting against auto uses, both as a Planning Commissioner and former City Councilmember; stated this is a difficult site for which this might be the best use available despite her disbelief in the "something-is-better-than-nothing" argument; thanked Commissioner Kozak for his suggestions and recommendations which addressed a number of concerns; suggested revisions which would eliminate the condition regarding the hours of operation restriction and the roll-up doors and add a condition to revisit the issue of business hours based upon police determination that the site may attract late-night problems; and, asked for a condition that the owner would be responsible for towing any cars left on site overnight and, upon notification, cars would be towed. Agreed that security and maintenance issues should not be punishable based on other sites; and, supported Chairperson Pontious' suggestion of further conditioning the project along those lines. Indicated there were two options: Continue the project and ask that the applicant come back with a revised plan including the ideas presented by the Planning Commission; or, Ask staff to bring back a resolution in two weeks that conditions the items discussed and have staff review the project at plan check. The benefit to the applicant by approving it in two weeks is that timeframe would start the appeal period. If applicant is in the due diligence process, he will have a decision much sooner. The architect may not be able to respond to what the Planning Commission is looking for in two weeks. Staff can articulate the conditions and the direction presented this evening. Noted there was not consensus among the Commissioners regarding approval versus disapproval of this project; and, stated he would like to see it come back to the Commission. Suggested directing staff to come back in two weeks with a resolution of approval; and, asked the applicant if it would be possible to respond to the Commission's concerns regarding the design between now and then. Minutes - Planning Commission July 9, 2001 - Page 4 Mr. Robertson Kozak Davert Staff Davert Jennings Davert Hamilton Director Hamilton Director Kozak Anderson Answered that the applicant is willing to stipulate to everything suggested except for the vacuums; creating a mechanical vacuum system remote from where the vacuums are is infeasible for a coin-operated system; the vacuums proposed are stainless steel and will not degrade. Noted his understanding of the problem; stated he does not want to see the vacuums; and, asked applicant to devise a method of disguising them. Noted the Commission had talked about the General Plan and the Specific Plan; and, asked if this site is within the First Street Specific Plan. Responded negatively; it is within the Central Commercial (C-2) zoning district. Noted the struggle involved in the site selection order of preference for similar projects in the past--there have been as many exceptions as compliances; and, stated conflicting provisions and inconsistent policies are not reasons to punish applicants. Stated she also met with Tom Salterelli to discuss this project; noted that walking across the First Street bridge does change the perspective but not many people walk across; stated her comment about the marketplace was a reference to staffs comments regarding the proliferation of carwashes; and, stated that police issues in conflict with the design guidelines may be another reason to deny the project. Stated this is a corner lot shielded on three sides, and the only visibility issues are for a short distance on Tustin Avenue. Stated his desire to have the Commission's options fully documented; and asked, for appeal purposes, if the applicant could withdraw and resubmit. Answered the typical format would be to continue the matter for a certain period of time; coming back in two weeks speeds up the ability of applicant and others to appeal; applicant is in the due diligence phase now; applicant would have a final answer sooner if the resolution is brought to the next meeting. Asked if a continuance is an option. Responded affirmatively, the difference being whether or not the Planning Commission sees the plan or asks staff to review the plan at plan check. Asked the Traffic Engineer whether the proximity of the drive to the comer of Tustin and First creates left turn problems on southbound Tustin, conflicting with a vehicle coming from First Street and rounding the corner onto Tustin. Responded that issue was addressed at the first plan check; the traffic counts during the southbound peak hours were 507-600 vehicles in a one-hour period; the Minutes - Planning Commission July 9, 2001 - Page 5 Kozak Hamilton Director Kozak Director Mr. Salterelli Director two lanes can easily accommodate 1,700 vehicles per hour; no problems are expected in the foreseeable future; and, stated staff foresees no problems with ingress and egress involving the left turn into the site and left turn out of the site. Recommended the property owner post the site, citing the Vehicle Code regarding the removal of abandoned vehicles; and, asked that a condition also be included regarding the removal of banners from the Caltrans fence within 72 hours. Asked that Condition 2.5 be amended to include storage of automobiles. Recapitulated the following items suggested by the Commission and staff: · Reduce or eliminate the hours of operation condition; staff suggested adding language that allows staff to annually review and add conditions as necessary, reducing police involvement. · Condition 2.5 modified to include storage of automobiles and similar types of vehicles. · Add a condition requiring larger trees at installation, allowing some visibility, to protect the security of the site. · Add more natural materials consistent with the architecture along the walls and at the entrances, but allowing for vehicle traffic. · Add a condition relating to towing vehicles. · Provide consistency between the rooflines with peaks at both locations. · Regarding the vending boxes and vacuum machines, include a condition requiring the applicant to consider alternatives not previously explored. · Add a condition relating to signs and the removal of banners within a specified time. Indicated the Director had covered all his comments. Stated staff will return in two weeks with a resolution of approval with additional findings to support the conditions identified at which time the Planning Commission will have an opportunity to review and act on the resolution. It was moved by Davert, seconded by Kozak, to continue this item to the July 23, 2001, Planning Commission meeting, directing staff to prepare a resolution of approval incorporating the conditions provided by the Planning Commission. Stated for clarity that the applicant could stipulate to all of the conditions except the vacuum machines; stated it will not be possible to install an underground system at this location; and, asked that applicant work with staff on a screening alternative. Motion carried 4-1. Stated the appeal period on this application will not begin until the Commission takes action on the revised resolution. Minutos - Planning Commission July 9, 2001 - Page 6 Hamilton Holland Pontious Received and filed Requested a resolution to adopt similar regulations for the Planning Commission be placed on the July 23, 2001, Consent Calendar Director reported Hamilton o ° Stated his misunderstanding of the vote, desired to vote against the motion, and asked Commissioner Davert to reframe the motion. Indicated the Planning Commission will have the opportunity at the next meeting to vote yea or nay on the resolution; and, stated the Chair has the ability to entertain a motion for reconsideration. Asked for a motion for reconsideration. It was moved by Hamilton, seconded by Jennings, to reconsider the motion. Motion to reconsider failed 3-2. REGULAR BUSINESS Tustin City Code regulations regarding front yard fencing. City Council Resolution No. 01-68 adopting regulations for public input and decorum. Recommendation: That the Planning Commission take action as deemed appropriate. STAFF CONCERNS Report on Actions taken at the July 2, 2001, City Council Meeting. The City Council considered the gate policy; staff was directed to allow gates to be locked based upon requests made by individual homeowners' associations to modify the condition. The City Council adopted Interim Urgency Ordinance 1241 related to office uses in the C-2 district, finding that any request of more than 50 percent of the total floor area or any floor area on the first floor would require a conditional use permit; an additional finding would be required to approve an office use; the Interim Ordinance will be valid for 45 days at which time staff will take another Interim Ordinance to the City Council that would be valid for 10 months and 15 days during which time staff will go through the process of developing a permanent ordinance which will be brought to the Planning Commission for public hearing and formal recommendation to the Council; Interim Urgency Ordinance 1241 passed on a four-fifths vote. The Board of Appeals workshop may be rescheduled in the future. The Driveway Code Amendment is going forward with new language regarding amortizations and the time involved for individuals to comply; a copy will be provided to the Planning Commission as an informational item. Asked if the Endede Center signage deadline has expired. Minutes - Planning Commission July 9, 2001 - Page 7 Staff Jennings Staff Davert Director Davert Hamilton Kozak Director Kozak Director Kozak Responded the deadline is August 13, 2001, with permits to be issued by July 16, 2001; no permits have been requested; Mr. Allen is interested in incorporating the three signs along 17th Street into one monument sign at 17th Street and Endede Center Drive. COMMISSION CONCERNS Stated that she was inundated by Tustin residents at Saturday's Farmers Market stating their support of the Urgency Ordinance regarding office use criteria. Asked if there will be a Planning Commission workshop regarding the Overlay District before the July 23, 2001, Planning Commission meeting. Responded affirmatively. Commented on the proliferation of snipe signs around Tustin Market Place advertising a going-out-of-business sale. Stated that the City removes many of the signs; and, noted staff is in the process of developing a sign ordinance targeting the individuals, making them responsible for recovery of the City's removal costs. Thanked Commissioner Jennings and staff for their work on the Urgency Ordinance; and, noted it was his understanding the Council was concerned with resolving conflicting guidelines. Stated, as a member of the Board of Tustin Old Town Association (TOTA), a new executive director has been hired to replace Sharon Jones who was serving in a volunteer capacity. Reported graffiti on the animal hospital on First Street. Asked how the weed abatement program is preparing for the fire season. Stated the City works with vacant property owners on an ongoing basis; a zero-tolerance letter is sent; beyond one warning a citation is issued and the nuisance abated. Asked if the fountain is still in the construction plans at the Tustin Car Wash. Answered affirmatively. Stated regarding the area around the project on tonight's agenda: · The building north of the site is vacant and overgrown with weeds; the property owner should be required to clean it up. · Behind that property, along the freeway fence, a DaVinci Restaurant banner is hanging on the fence with another banner next to it. · The liquor store has graffiti scrawled on the east- facing wall. Minutes - Planning Commission July 9, 2001 - Page 8 The "antique store" selling slot machines has two large trucks right behind it which are being used for advertising. Requested concentrated code enforcement on the above items. Remarked that the Nest Furniture snipe signs are all over the City. Asked that information regarding the annual CIP review be brought to the Planning Commission. Director Indicated that information will be presented by the Public Works Department in a workshop being planned. Pontious Stated that the strip center at the corner of Pasadena and McFadden has windows covered with newspapers. Stated there is an abandoned car and general "garage sale" atmosphere at Brindle's Book Store. Asked what is happening at the Newport site where the trailer was removed; whether the second builder is being impacted by that action; and, whether or not there is anything the Planning Commission can do to assist him. Director Answered that staff has asked the builder to request an amendment to the approved plan; no request has been received; it appears there is not meeting of the minds among the various parties involved; legally, there is nothing staff can do until an amendment is requested. Kozak Added that the slot machine building has more than 25 percent of the front glass covered with watercolor painted advertising. Hamilton Suggested that perhaps efforts regarding the above problem area should be coordinated with the City of Santa Ana. Stated he noticed the Surfas sign has been completed. 8:45 p.m. ADJOURNMENT: It was moved by Kozak, seconded by Hamilton, to adjourn at 8:45 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, July 23, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary Leslie A. Pontious Chairperson Minutes - Planning Commission July 9, 2001 - Page 9