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HomeMy WebLinkAboutPC Minutes 01-08-01MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 8, 2001 A PLANNING COMMISSION WORKSHOP WAS HELD AT 6:00 P.M. IN THE CONFERENCE ROOM BEHIND THE COUNCIL CHAMBERS TO DISCUSS THE BROWN ACT AND OTHER APPLICABLE LAWS; HOW TO CONDUCT PUBLIC MEETINGS; AND, THE USE OF DEED RESTRICTIONS. 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Transportation Project Manager Karen Peterson, Senior Planner Lori Ludi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS - None CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - DECEMBER 11, 2000 REGULAR MEETING It was moved by Jennings, seconded by Bell, to approve the Minutes of the December 11, 2000 Regular Meeting. Motion carried 5-0. PUBLIC HEARINGS TENTATIVE PARCEL MAP 2000-209 AND AMENDMENT TO DESIGN REVIEW 98-036 A REQUEST: 1) TO COMBINE THREE LOTS INTO TWO LOTS FOR THE PURPOSE OF DEVELOPING TWO MEDICAL/GENERAL OFFICE BUILDINGS PREVIOUSLY APPROVED UNDER DESIGN REVIEW 98-036; AND, 2) TO AMEND DESIGN REVIEW 98- 036 TO MODIFY THE SITE ACCESS, PARKING LOT CONFIGURATION, AND LANDSCAPING AT 12569 NEWPORT AVENUE. Recommendation: 1) That the Planning Commission adopt Resolution No. 3764 approving the Negative Declaration for an amendment to Design Review 98- 036; 2) That the Planning Commission adopt Resolution No. 3765 recommending that the City Council approve Tentative Parcel Map 2000-219; and, 3) That the Planning Commission adopt Resolution No. 3766 approving an amendment to Design Review 98- 036. 7:04 p.m. The Public Hearing opened. Minutes -- Planning Commission January 8, 2001 - Page 1 Ludi Presented the staff report. Shepherd Chairman Director Shepherd Director Miller Shepherd Director DISCUSSION The following members of the audience spoke in favor of the recommended action: Stephen Shepherd Steve McKinlay Harry Kay Travis Glattli Bart Stryker The following member of the audience spoke in opposition to this matter: Nancy Hamilton Requested a building permit prior to recordation of the Final Parcel Map. Asked staff to provide language to modify Condition 2.1 in Resolution No. 3765 and Condition 1.3 in Resolution No. 3766. Responded that the site was originally intended to be developed as one lot; suggested language could be added stating that the Map could be required to be recorded prior to issuing a certificate of use and occupancy rather than issuance of building permits and imposing a time frame; proposed no issuance of permits until the appeal period expires; referred to the reciprocal parking access and maintenance and a document which has been recorded against the properties and has not been reviewed by staff; and, referred to the non-permitted trailer presently parked on the site which must be removed prior to issuing building permits. Stated that the trailer is on Mr. McKinlay's lot; and, the reciprocal parking agreement was submitted before Christmas. Indicated that document was not required by the original map because the approved project was one parcel under single ownership; the property was sold by the prior owner to two individuals contrary to the earlier approval; and, that document was never reviewed by the City Attorney and may require modification. Asked if the City could require that the driveway be completed before occupancy. Indicated that the conditions of approval being considered by the Planning Commission require the parking lot to be built before his building is occupied. Provided language modifying the conditions. Minutes - Planning Commission January 8, 2001 - Page 2 Pontious Director Deputy City Attorney Director McKinlay Chairman McKinlay Pontious Director Pontious McKinlay Director Hamilton Pontious Traffic Engineer Deputy City Attorney Asked if the modifications should include language holding the City harmless. Answered that the City can require a Letter of Risk with hold harmless language. Recommended making this a separate condition. Indicated that applicants/property owners are required to sign a letter of agreement to conditions imposed, making certain that everyone understands the responsibilities of all parties; and, stated the trailer is being used as a general office. Indicated that the trailer was put there with the understanding that, once a grading permit had been issued, the trailer was allowed. Asked how long Mr. McKinlay anticipates having the trailer there. Answered approximately six months. Asked if use of this trailer would normally require a temporary use permit. Indicated it would require a conditional use permit because anything over 30 days requires approval by the Planning Commission; and, there are no building plans for the structure proposed by Mr. McKinlay. Asked if the Planning Commission could condition removal of the temporary unit, allowing applicant to apply for a temporary use permit and conditional use permit within an appropriate time frame. Indicated the plans can be ready in approximately three weeks. Suggested language responding to Pontious' question. Stated that her property shares the back fence line and asked about the traffic situation with the left turn onto Newport, indicating that there are frequent traffic accidents at this location; stated concern regarding the eight foot fence and the landscaping (which are in the original agreement) being maintained; stated the trailer is located on the property line and is invading her privacy; stated there are two port-a-potties and a garbage facility on the fence line; and, asked that the trailer be removed. Asked staff if this project will create traffic problems. Responded that the area referred to by Ms. Hamilton is not near capacity at this time. Stated that the temporary trailer was not a matter before the Planning Commission and clarified that code enforcement action could be taken independent of Planning Commission's action. Minutes - Planning Commission January 8, 2001 - Page 3 7:54 p.m. Public Hearing closed. Adopted 3764 Resolution Adopted 3765 Resolution Adopted 3766 Resolution Received Senior Planner Chairman NO. No. NO. It was moved by Pontious, seconded by Bell, to adopt Resolution No. 3764. Motion carried 5-0. It was moved by Jennings, seconded by Pontious, to adopt Resolution No. 3765, amended as follows: Condition 1.2, delete second sentence. Condition 1.6, delete second sentence. Add: Condition 1.7 to read: "The applicant shall submit a hold harmless letter identifying the risk of proceeding with the issuance of permits prior to recordation of a final map." Add: Condition 1.8 to read: "Within fifteen (15) days of the approval, an applicant shall submit a complete conditional use permit application to establish a temporary office use." Condition 2.1 modified to read: "Final Parcel Map 2000- 219 shall be reviewed and approved by the City Council and recorded with the County of Orange within ninety (90) days of this approval and prior to occupancy of the first building." Motion carried 5-0. It was moved by Pontious, seconded by Bell, to adopt Resolution 3766, amended as follows: Modify Condition 1.3, second sentence to read: "Final Parcel Map 2000-219 shall be reviewed and approved by the City Council and recorded with the County of Orange within ninety (90) days of this approval and prior to occupancy of the first building." Condition 1.11, delete second sentence. Add: Condition 1.13 to read: "The applicant shall submit a hold harmless letter identifying the risk of proceeding with the issuance of permits prior to recordation of the final map." Motion carried 5-0. REGULAR BUSINESS 3. PROJECT SUMMARY Reported that EZ Lube, Vons, and Honey Baked Hams are open. Asked if there has been any progress with Acorn Naturalists. Minutes - Planning Commission January 8, 2001 - Page 4 Senior Planner Director reported Jennings Bell Director responded Pontious Miller Chairman 8:02 p.m. Responded that the project approval has been extended to March; and, the property owner indicated plans will be submitted within that time frame. STAFF CONCERNS The Mayor modified appointments to commissions. Council introduced Ordinance No. 1228, as corrected, for renewal of the Cox cable franchise. Council will be addressing the General Plan Amendment, Tustin Ranch Estates fencing, and the item before the Planning Commission this evening at the Tuesday, January 16, 2001 meeting. COMMISSION CONCERNS Thanked staff for the Code Enforcement report. Asked staff about City Council's plan to change the procedure for appointing Planning Commissioners. That issue will not be agendized until February or March. Thanked staff for the Workshop. Stated his appreciation for the Workshop tutorial. Echoed thanks to staff for the Workshop. Thanked staff for assistance on tonight's item. Thanked staff for phone cards. ADJOURNMENT It was moved by Miller, seconded by Pontious, to adjourn. The next regular meeting of the Planning Commission is scheduled for Monday, January 22, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary ,/{3t~) V. Kozak Chair'r/fan Minutes - Planning Commission January 8, 2001 - Page 5