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HomeMy WebLinkAboutPC Minutes 04-09-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 9, 2001 7:02 p.m. Given Councilman Kawashima Steve Kozak All present Staff present Cheryl Bell Approved CALL TO ORDER PLEDGE OF ALLEGIANCE 1-6. COMMISSIONER REORGANIZATION The newly appointed Commissioners Doug Davert, Andrew Hamilton, Linda Jennings, Steve Kozak, and Leslie Pontious were sworn in by Councilman Kawashima. Recapitulated the accomplishments of the Planning Commission during his term as Chairman; and, opened nominations for Chairperson. It was moved by Kozak, seconded by Davert, to nominate Leslie Pontious as Chairperson. There were no further nominations. Motion carried 5-0. It was moved by Jennings, seconded by Kozak, to nominate Doug Davert as Chairperson Pro-tem. There were no further nominations. Motion carried 5-0. ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Lori Ludi, Associate Planner Boise Harris, Recording Secretary PUBLIC CONCERNS Thanked the Commissioners and staff for their support during her term on the Planning Commission; stated her appreciation for the opportunity to serve on the Commission and her willingness to continue to serve as a friend and advisor to the Planning Commission; and, wished good luck to everyone. CONSENT CALENDAR APPROVAL OF MINUTES - MARCH 12, 2001, REGULAR MEETING It was moved by Davert, seconded by Jennings, to approve the Minutes of the March 12, 2001, Regular Meeting. Motion carried 5-0. Minutes - Planning Commission April 9, 2001 - Page 1 Adopted Resolution No. 3773 7:14 p.m. Ludi Director Davert Director Jennings PUBLIC HEARINGS CONDITIONAL USE PERMIT NO. 01-008 A REQUEST FOR AUTHORIZATION TO PLACE A MODULAR BUILDING FOR A TEMPORARY OFFICE TRAILER FOR A PERIOD OF 'TWELVE (12) MONTHS. THIS PROJECT IS LOCATED AT 12575 NEWPORT AVENUE IN THE NEWPORT WARREN PLANNED COMMUNITY (PC) - GARDEN OFFICE (GO) ZONING DISTRICT. Recommendation: That the Planning Commission adopt Resolution No. 3773 denying Conditional Use Permit 01-008. The Public Hearing opened. Presented the staff report. Stated this item was originally considered a Design Review and a zone change; at that time the neighbors had concems regarding the proposed development and the Commission conditioned the project to minimize impacts on those residences; the City is trying to impose those conditions of approval; negating all the code violations (the Uniform Fire Code, the Uniform Building Code, the Americans With Disabilities Act, Title 24) and failure to comply with the Commission's approval, the major concern regarding the temporary trailer is the impact on the residences; the concern when this was recently brought before the Commission was the position of the trailer too close to the property line; the trailer has been set back far enough that it no longer constitutes a Building Code violation; staff has been working to require the applicant to comply with the original approval; the matter has now gone into a legal process in addition to the proposal before the Commission this evening; the only matter to be considered at this hearing is the Temporary Use Permit for the temporary trailer and not the actual development. Stated his recollection that when this site was originally entitled, the conditions of approval were specific and non-ambiguous. Responded there was no ambiguity; the three parcels were to be merged as one and were subsequently sold to two different owners; the City worked with those two owners to amend the parcel map to allow for a two-lot subdivision; the primary concern of the Planning Commission and the City Council on appeal was that the site operate as one; all the mitigation measures and site amenities were required to be built concurrently; the City has attempted to ensure there would be no negative effects on the surrounding properties; the property owners at that time signed the Agreement to Conditions Imposed which will be recorded so that future owners will be aware of this. Stated that it appeared the trailer had been moved away from the residences, but none of the other Minutes - Planning Commission April 9, 2001 - Page 2 Director Kozak H. Ernie Nishii, attorney for McKinlay Builders Pontious Mr. Nishii Pontious Mr. Nishii Pontious Mr. Nishii Davert Director mitigation measures implemented to protect the privacy of the neighbors. Indicated that was correct. Noted for clarification that when the Commission recently considered this item, there was considerable debate about that modular facility; it existed on the site at that time; staff and the Commission worked with the applicant at the meeting to accommodate the trailer; it is therefore disappointing that the conditions have not been complied with. Stated that the applicant has complied with most of the thirteen requirements; provided particulars of eight of the conditions; stated his understanding that applicant had followed the City's requirements and hoped to get another extension of the permit; the rainy weather contributed to the delay in laying asphalt. Asked Mr. Nishii if plans have been submitted for resurfacing. Responded that he thought plans were in place. Stated her understanding that nothing is being done at this point. Responded that no parking lot plan has been submitted because the primary concern was whether the trailer would be allowed to remain; stated that it is a construction trailer and provided photographs of other sites with similar trailers; and, stated since the only people going to the trailer are the builders, there does not appear to be a need for two-way vehicular traffic to the site. Stated her understanding that there is no construction of the new buildings taking place on the site. Indicated the trailer is needed for the applicant to get started; stated there is no intention of leaving a modular building on the site permanently; stated the trailer will not interfere with grading and that grading has already occurred; stated the parking lot is planned in the proposed location for which plans will be submitted before June; stated the builders have spoken to neighbors who indicated the trailer was not a problem; and, stated there is no plan for permanent use. Asked how long the trailer has been at the site and if grading permits have been issued. Staff first noticed it in December 2000; the trailer was on the site when the Planning Commission considered a modification to the parcel map and the design review; stated rough grading permits have been issued; and, added that when the Commission first considered this project, applicant was given 15 days to submit for a conditional use permit which did not happen; a signed and notarized temporary use permit was issued which required removal of the trailer by February 27, 2001. Minutes - Planning Commission April 9, 2001 - Page 3 Hamilton Director Hamilton Director Mr. Nishii Hamilton Travis Glattli, representative of McKinlay Builders Pontious Mr. Glattli George Jiminez, homeowner directly north of the site Dennis Hamilton, a homeowner west site of the Asked if the applicant agreed to the conditions of approval electing not to submit a conditional use permit. Indicated in the affirmative. Remarked that applicant stated a desire to renew the temporary use permit. Stated that the permit was approved for 30 days; otherwise, Zoning Administrator action and/or Planning Commission action would be required, and the applicant could not meet those deadline requirements. Reiterated that applicant wants to comply, wants to build on this site, and needs a construction trailer to do SO. Referred to the photographs submitted by applicant at the meeting of other trailers which seem to be at much larger construction sites; indicated he had worked for construction companies, and trailers were never placed on site without approval beforehand. Indicated that what is not apparent in the photographs is that there are four or five smaller construction trailers on the site picturing the large trailer; and, stated the photographs represented two different sites. Restated the fact that no construction is taking place, and no construction plans have been submitted. Indicated his remarks were directed only to the size of the trailer. Stated that the trailer was moved because there was no way to get to the holding tank; during the rains, the tank overflowed, spilling sewage into the back yard of the property (belonging to Mr. Black) directly behind the trailer; he and Mr. Black approached the applicant to find out why the project has not moved forward; neighboring residents have been suffering from dust problems which the applicant denied causing; stated that he talked with staff about how applicant received approval for putting the trailer on the site; anyone who says that the neighbors are all right with what has been going on is mistaken because at every neighborhood meeting concerns have been expressed; the residents were told there would be a green belt to allow access for water and sewer lines; the building is now five feet from his property; when the property was graded, no allowance was made for water drainage; handicap ramps are necessary because Mr. Jiminez himself is disabled and found it hazardous attempting to get the trailer to talk with applicant's employees; and, stated that anyone who has seen a construction trailer knows this is not one. Echoed Mr. Jiminez's comments, adding that living next to a property where nothing happens year after year is irritating; stated that applicant indicated at the earlier Planning Commission meeting the trailer was a Minutes - Planning Commission April 9, 2001 - Page 4 Nancy Hamilton, Dennis Hamilton's wife Closed Davert Director Jennings Director Hamilton Director Davert Kozak temporary office; and, stated that fact should not be overlooked. Stated there have been no special circumstances presented to allow this trailer to remain on the site; when the trailer was originally placed against the fence of their property, the Hamiltons compromised on the placement of the trailer because it was expected to be a short-term situation; there are still episodes of the people working at the trailer looking into the Hamilton home; the situation is disturbing; if the trailer is allowed, it should at least be placed on the pad, and the parking lot and improvements should be made. The Public Hearing closed at 7:49 p.m. Asked if the business being conducted at the site is limited to the construction of this particular site or other business. Answered there was a business license application submitted for that location; staff believes it is being operated as a permanent construction office; there are letterhead and business cards that show McKinlay Builders at that location. Asked if this applicant is delaying Dr. Shepherd's progress. Answered that only the temporary use of the actual trailer is the issue before the Commission this evening; with respect to the permit development, all the site amenities must be constructed simultaneously with the first building; if those improvements do not occur on the McKinlay site, Dr. Shepherd's project will be delayed. Stated his understanding that June 2001 is the anticipated completion date for the dental office. Noted that no building plans have been received from McKinlay Builders. Stated he remembers this project from two years ago; Tustin prides itself on being business friendly, encouraging new and responsible development; this application asks for an illegal use; a contractor knows better than to put something on a site and subsequently ask for a permit; stated his concern regarding the impacts on the adjoining residential parcels, and the City has made every effort to assist this applicant and received no cooperation regarding the laws of the City; and, stated his support of staff's recommendation of denial. Echoed Commissioner Davert's comments regarding the impact on the residents as a major concern when the item was considered twice before; stated that promises were made by the applicant but not kept; stated the residents and the City have provided accommodations; and, stated his support of staffs recommendation of denial. Minutes - Planning Commission April 9, 2001 - Page 5 Jennings Hamilton Pontious Pontious Director Continued Continued 10. Stated her agreement with the residents' complaints; stated she could not agree to grant the temporary use permit; and, supported staff's recommendation of denial. Concurred with all of the Commissioners' comments; and, added that he is no relation to Dennis and Nancy Hamilton. Agreed with everything stated by the Commissioners and staff; and, asked for a motion. It was moved by Davert, seconded by Kozak, to adopt Resolution No. 3773 denying Conditional Use Permit 01-008. Motion carried 5-0. Noted that there is a seven-day appeal period. Indicated that is correct; however, the City will be proceeding with enforcement on the site; there is a permit that identifies the City's authorization and bond to remove the trailer; the City will give the applicant an opportunity to do that before proceeding. CONDITIONAL USE PERMIT 99-012 AND DESIGN REVIEW 99-017 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A MAJOR WIRELESS COMMUNICATION FACILITY. THIS PROJECT IS LOCATED AT 2929 EDINGER AVENUE IN THE PLANNED COMMUNITY -INDUSTRIAL DISTRICT (PC-IND) ZONING DISTRICT. Recommendation: That the Planning Commission continue this item to the April 23, 2001, meeting as requested by the applicant. It was moved by Kozak, seconded by Davert, to continue this item to the April 23, 2001, meeting as requested by the applicant. Motion carried 5-0. CONTINUED CONDITIONAL USE PERMIT 00-025 A REQUEST FOR AUTHORIZATION TO AMEND CONDITIONAL USE PERMIT 98-024 THAT ESTABLISHED A MASTER SIGN PROGRAM FOR ENDERLE CENTER. THIS PROJECT IS LOCATED AT 17260 EAST SEVENTEENTH STREET IN THE PLANNED COMMUNITY COMMERCIAL (PC-COMM) ZONING DISTRICT. Recommendation: That the Planning Commission continue Conditional Use Permit 00-025 to the May 14, 2001, Planning Commission meeting as requested by the applicant and an affected tenant. Moved by Kozak, seconded by Jennings, to continue Conditional Use Permit 00-025 to the May 14, 2001, Planning Commission meeting as requested by the applicant and an affected tenant. Minutes - Planning Commission April 9, 2001 - Page 6 Approved Peterson Alex Mann, owner, Tustin Lanes Jennings Pontious Davert Kozak Director reported Hamilton 11. Motion carried 5-0. REGULAR BUSINESS CONTINUED DESIGN REVIEW 01-001 A REQUEST FOR AUTHORIZATION TO REPAINT THE FASCIA, PARAPET WALLS, AND WAINSCOT OF THE EXISTING BUILDING. THIS PROJECT IS LOCATED AT 1091 OLD IRVlNE BOULEVARD IN THE C-1 RETAIL COMMERCIAL ZONING DISTRICT. Recommendation: Pleasure of the Planning Commission. Presented the report. Stated his understanding of the City's standards and his appreciation to the staff for working with him to reach an agreement; and, acknowledged the flexibility shown to Tustin Lanes by the Planning Commission. Stated that she had been an outspoken critic of the original palette, but the palette submitted this evening would be a positive improvement. Congratulated staff and the applicant. Stated his concurrence with the palette. Concurred with the other Commissioners' comments; and, stated his hope that the paint would be applied tomorrow. It was moved by Kozak, seconded by Hamilton, to approve the color palette presented by staff. Motion carried 5-0. 12. STAFF CONCERNS The CDBG hearing is scheduled for the April 16, 2001, City Council meeting. Staff is recommending that the City Council continue the Carfax item from April 16, 2001, to the first meeting in May. Arnold Surfas and Econo Lube 'N Tune are working together to resolve the sign conflict. The City Council appointed individuals to the various committees, commissions, and boards. The City Council approved the Environmental Impact Report for the widening of Edinger Avenue. COMMISSION CONCERNS Thanked staff and fellow Planning Commissioners for welcoming him to the Commission and offered his congratulations to the other members of the Commission. Minutes - Planning Commission April 9, 2001 - Page 7 Davert Kozak Jennings Pontious Stated it is good to be back on the Planning Commission and thanked Councilman Kawashima for swearing in the Commissioners. Thanked staff for the help they provided during his tenure as Chairperson. Congratulated Commissioners Pontious and Davert, the new Chairperson and Chairperson Pro-tem, respectively. Thanked his wife and son for being in attendance to witness the swearing in of the new Commission. Thanked Cheryl Bell for her work during her term on the Commission. Stated his admiration for the improvements to the Red Hill median; and, expressed his hope that other medians will be similarly developed. Welcomed Drew Hamilton and Doug Davert, thanked Steve Kozak for mentoring her, and congratulated Leslie Pontious and Doug Davert. Thanked Steve Kozak for his two years of service as Chairperson and welcomed Drew Hamilton and Doug Davert to the Commission. 8:12 p.m. Elizabeth A. Binsack Planning Commission Secretary ADJOURNMENT It was moved by Davert, seconded by Jennings, to adjourn to April 23, 2001, at 6:00 p.m. when a Redevelopment Agency Workshop will be held in the Council Chamber conference room. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, April 23, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Chairperson Minutes - Planning Commission April 9, 2001 - Page 8