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HomeMy WebLinkAboutPC Minutes 11-14-00 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 14, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Miller ROLL CALL: Chairman Kozak, Commissioners Bell, Jennings, Miller, and Pontious Present: Chairman Kozak, Commissioners Bell, Jennings, Miller, and Pontious Staff: Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Doug Anderson, Senior Project Manager (Transportation) Minoo Ashabi, Associate Planner Lori Ludi, Associate Planner Patdcia Adams, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: There were no Public Concerns. CONSENT CALENDAR: 1. Minutes of October 23, 2000 Planning Commission Meeting. Commissioner Pontious moved, Commissioner Bell seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Continued Public Hearing for Conditional Use Permit 00-020 a request for authorization for a master sign plan for an office building to allow larger wall signs and continued use of a monument sign for the primary tenant. APPLICANT: OSCAR SALINAS P.S. SERVICES PROPERTY OWNERS: SYCAMORE COMMERCIAL DEVELOPMENT A'I-FN: STAN WOLF LOCATION: 13522 NEWPORT AVENUE, SUITE 201 RECOMMENDATION: That the Planning Commission adopt Resolution No. 3754 approving Conditional Use Permit 00-020. The Public Hearing opened at 7:01 p.m. Minoo Ashabi, Associate Planner, presented the report. Planning Commission Minutes November 14, 2000 Page 2 Chairman Kozak thanked the applicant and staff for addressing the concerns of the Commission, resulting in a better project for the community. The Public Hearing closed at 7:05 p.m. Commissioner Miller moved, Commissioner Pontious seconded, to adopt Resolution No. 3754 approving Conditional Use Permit 00-020. Motion carried 5-0. 3. Continued Public Hearing for 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. APPLICANT/ PROPERTY OWNER: EMS DEVELOPMENT CO. LOCATION: 17260 EAST SEVENTEENTH STREET RECOMMENDATION: That the Planning Commission continue Conditional Use Permit 00-025 to the January 22, 2001 Planning Commission meeting. The Public Hearing reopened at 7:06 p.m. Lori Ludi, Associate Planner, presented the report. Chairman Kozak stated that Commission input and discussion will occur on the continued date and moved, Commissioner Pontious seconded, to continue Conditional Use Permit 00-025 to the January 22, 2001 Planning Commission meeting. Motion carried 5-0. The Public Hearing remains open. 4. Conditional Use Permit 00-027 a request for authorization to establish a massage establishment within an existing tenant space of a commercial building. APPLICANT: PROPERTY OWNER: LOCATION: RECOMMENDATION: HIDEAKI OKI VISTA LAGUNA ASSOCIATES c/o REMM GROUP 14161 NEWPORT AVENUE, SUITE A That the Planning Commission adopt Resolution No. 3757 approving Conditional Use Permit 00-027. The Public Hearing opened at 7:08 p.m. Lori Ludi, Associate Planner, presented the report Chairman Kozak invited the applicant to address the Commission. Mari Tamura, representative for Mr. Hideaki Oki, spoke on his behalf since he does not speak English. Ms. Tamura stressed that Shiatsu massage promotes total body health. Commissioner Jennings asked if the license for this type of technician must be renewed or whether it is a one-time license. Planning Commission Minutes November 14, 2000 Page 3 Ms. Tamura stated it is her understanding that the license requires no renewal. The Director clarified there are different types of licenses required. One is issued by the State of California. The License and Permit Board approval is another form of entitlement and is performed by the City. Each licensed technician must come through that Board, but not the Planning Commission. Chairman Kozak requested clarification regarding Conditions 2.3 and 2.4, requiring that the licenses be displayed on the premises at all times, making it clear to patrons that the business is operating within required permits; regarding Condition 2.18 that the use of banners is in compliance with the standard sign ordinance; and, asked for a requirement that the trash enclosure be repaired prior to the issuance of the permit or Certificate of Occupancy. Commissioner Pontious indicated her belief that State licenses are required to be posted but reiterating in the conditions is a good idea. Commmissioners Bell and Jennings concurred with this suggestion. Commissioner Miller asked if the suggested modifications will delay the process. Chairman Kozak responded that the modifications are in the interests of clarification and disclosure, not intended to hamper work progress, and asked the Director to comment. The Director stated that staff could provide draft language for consideration and, if approved with amendments, the applicant can proceed after the seven-day appeal period. The Public Hearing closed at 7:18 p.m. Chairman Kozak moved, Commissioner Pontious seconded, to adopt Resolution No. 3757 approving Conditional Use Permit 00-027, including amendments and the following modifications: Condition 2.3 to read as follows: "All acupressure/massage therapy technicians shall obtain and display on the premises in a visible location at all times a license to operate at this facility from the License and Permit Board prior to beginning work at the approved establishment." Add to the end of Condition 2.4: "The license shall be cleady displayed in a visible location on the premises at all times." Add to the end of Condition 2.18: "All temporary banners shall comply with the Tustin City Sign Code and shall not be displayed unless a Temporary Sign Permit has been issued by the Community Development Department." Add to the beginning of Condition 2.19: "Prior to issuance of building permits .... ". Motion carried 5-0. Conditional Use Permit 00-029 a request for authorization to operate temporary soil remediation equipment within an enclosure for a period of four (4) months. APPLICANT: SMITH INTERNATIONAL, INC. PROPERTY OWNER: SBC SERVICES, INC. LOCATION: 14451 MYFORD ROAD Planning Commission Minutes November 14, 2000 Page 4 RECOMMENDATION: 1. That the Planning Commission adopt Resolution No. 3758 approving the Negative Declaration for the project. 2. That the Planning Commission adopt Resolution No. 3759 approving Conditional Use Permit 00-029. The Public Hearing opened at 7:19 p.m. Lori Ludi, Associate Planner, presented the report. Steven Brewer, representative for Smith International, stated he was available to answer questions. Commissioner Jennings asked if a risk assessment has been completed. Mr. Brewer responded negatively, indicating the program implemented in the early 1990s to pump ground water was a voluntary program associated with the sale and transfer of property, but stated applicant has been working with the Regional Water Quality Control Board; the intent is to clean the site to allow transfer to occur. The Director indicated that Condition 3.8 would require approval by the appropriate entities. Commissioner Miller asked if Smith International is responsible for cleaning up the site. Mr. Brewer responded affirmatively and added this is an aggressive plan (not required by the Water Board) to get source soils removed, turn the system off, and close the site. Chairman Kozak clarified that there are built-in measures to extend the expiration date to address possible problems in this process. The Public Hearing closed at 7:25 p.m. Commissioner Jennings moved, Commissioner Pontious seconded, to adopt Resolution No. 3758 approving the Negative Declaration for the project and Resolution No. 3759 approving Conditional Use Permit 00-029. Motion carried 5-0. Amendment to Conditional Use Permit 97-005 and Design Review 97-009 a request to amend Condition 1.1 of Planning Commission Resolution No. 3724 to extend the expiration of the approvals of Conditional Use Permit 97-005 and Design Review 97-009 by three (3) months to March 1, 2001 and modify the approved plans. APPLICANT: BENNETT ARCHITECTS A-I-I-N: GREG BENNETT PROPERTY OWNERS: HOWARD FERRAND AND REKHA BAJARIA cio BENNE-I-I- ARCHITECTS LOCATION: 535 EAST MAIN STREET RECOMMENDATION: That the Planning Commission adopt Resolution No. 3756 approving an amendment to Conditional Use Permit 97-005 and Design Review 97-009 extending the expiration of the project approval by three (3) months from December 1,2000 to March 1,2001 and modifying the approved plans. Planning Commission Minutes November 14, 2000 Page 5 The Public Hearing opened at 7:28 p.m. Patricia Adams, Assistant Planner, presented the report. Commissioner Miller asked why Condition 5.2 was changed. The Director responded that when the project was originally approved, the Commission and the City Council were concerned with respect to the location of the proposed buildings and waisted to ascertain that the retail building would be constructed to mitigate some of the visual impacts from Main Street; the condition required that building permits be obtained simultaneously or for the retail building first along with the Certificate of Occupancy. The modification of Condition 5.2 would allow only a final inspection on the shell of the building because the tenant mix is unknown at this point. Constructing the interior only to demolish it later when the applicant has one or more tenants is counter- productive; however, the building will be stubbed out with electrical, mechanical, plumbing; only interior walls would not be complete; and, staff felt Condition 5.2, which allows issuance of a Certificate of Use and Occupancy for the carwash with a final inspection of the retail building, was a good compromise. Chairman Kozak verified with staff that these items were discussed in a meeting between applicant and staff earlier today. The Director answered affirmatively and indicated that the applicant requested clarification of a few aspects of the project, resulting in the recommended changes. Chairman Kozak asked for the applicant's representative to speak. Tom Baumgartner, project development coordinator hired by the owner's family, noted that the principal owner died; Mr. Bajaria had been the motivating force; Mr. Baumgartner indicated he had accepted the challenge to complete the project; complemented staff on the thorough report and willingness to work with him; and, accepted the staff report as amended. Commissioner Jennings asked if a risk assessment has been completed. Mr. Baumgartner questioned whether or not she was referring to potential soil contamination. Commissioner Jennings responded affirmatively. Mr. Baumgartner answered that there is a letter in the file which indicates the site has been assessed, is in the process of having a plan built, and Orange County Health Care Agency indicates that building positioning would not impact any clean-up that has to be done. There is a consultant available to address problems that may arise. Commissioner Jennings asked if the underground storage tanks have been removed and contamination found. Mr. Baumgartner answered affirmatively. Commissioner Jennings indicated it does not appear to her that it has been assessed. Mr. Baumgartner stated there is a State remediation fund that is involved, and a "Mr. Solaris" is working on this aspect of the project. Commissioner Jennings asked if the owner had been part of the clean-up funding. Mr. Baumgartner responded affirmatively. Planning Commission Minutes November 14, 2000 Page 6 Commissioner Pontious stressed the importance of moving this project forward since it has been ongoing for some time and expressed her view that no further extensions beyond March 2001 should be approved. Mr. Baumgartner stressed his interest in moving quickly as well and hopes to have plans back in by mid-December and have permits pulled then so he can go back into retirement. Chairman Kozak agreed that the Commission's intent on the last extension was to move the project forward, further extensions will not be welcome, reducing the scale is a positive, and he supported the staff recommendations. The Public Hearing closed at 7:40 p.m. Commissioner Jennings expressed concern regarding the letter from the Orange County Health Care Agency in which it was suggested that the Planning Commission get a corrective action plan before construction begins and that is not conditioned; stated the Commission did condition such a plan for the PacBell building; indicated she did not know how much time such a plan would take or whether it would delay the construction; but, the potential for hazardous materials should be addressed. Commissioner Pontious asked what requiring the plan would do to the timeline. The Director answered that the applicant would be required to comply with State law and could be working on that process while working on the plan development and pulling permits. The Public Hearing was reopened at 7:44 p.m. Mr. Baumgartner stated he had no idea what impact this requirement might have on the timeline; the people involved in this sort of work are very busy; but, stated his intent to remediate any problems and comply with State agencies. Chairman Kozak asked the Director for her suggestion for the trigger point for the Certificate of Occupancy. The Director responded prior to completion of the first structure. Mr. Baumgartner indicated he would accept that and would meet with staff again if problems occur. Chairman Kozak asked Commissioner Jennings if using the Certificate of Occupancy for the first building and giving discretion to the Community Development Director would address her concerns. The Director suggested language. Commissioner Jennings stated her appreciation and stressed that the full extent of the ground water contamination is not known; since it is close to the pumping well for the City, this is an important clarification. The Public Hearing closed at 7:46 p.m. Commissioner Bell stated her concern with Condition 5.3 regarding the canopy and whether it would be appropriate to include a timeline for replacing torn or frayed material or whether this would be handled by the Community Development Department through normal procedures. The Director responded that time is allowed relative to ordering material. The Public Hearing reopened at 7:47 p.m. Planning Commission Minutes November 14, 2000 Page 7 Mr. Baumgartner commented that ordering fabric can be tricky in terms of the timeframe for ordering such materials but felt this consideration should remain within the realm of the Director's discretion. Chairman Kozak asked if Mr. Baumgartner would object to language being added that the canopy would be replaced if faded, torn, or frayed to a schedule agreed upon between the operator and the Community Development Department. Mr. Baumgartner stated his belief that addition would address the City's interests as well as the operator's and concurred with adding language to that effect. The Public Hearing closed at 7:50 p.m. Chairman Kozak moved, Commissioner Bell seconded, to adopt Resolution No. 3756 with the amendments proposed by staff and the following modifications: Add at the end of the first sentence of Condition 5.3:" ... or upon notification by a representative of the City." Add to the end of the second sentence:" ... within a reasonable amount of time agreed to by the City and the owner and/or operator." Add Condition 5.4 as follows: "A corrective action plan shall be approved by the Orange County Health Care Agency prior to issuance of the first Certificate of Use and Occupancy. The property owner shall provide evidence of approval to the Community Development Director." Motion carried 5-0. REGULAR BUSINESS: There was no Regular Business. STAFF CONCERNS: 7. Report on Actions taken at the November 6, 2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development The Director had the following preliminary comments: Informed the Commissioners that the second meeting in November will be necessary as the Redevelopment Agency will be presenting the MCAS Tustin General Plan Amendment. - Wished everyone a Happy Thanksgiving, noted she will be vacationing in Ohio, and will not be attending the November 28, 2000 Planning Commission meeting. - Indicated the second Planning Commission meeting in December will probably be dark. - Announced that the vacant building at Red Hill and Mitchell will be occupied by the Make-A-Wish Foundation. City Council items: - Approved the lease agreement between Tustin Auto Center, City of Tustin, and Tustin Merchants Association. - Approved Walnut Avenue landscaping. Planning Commission Minutes November 14, 2000 Page 8 - Recommended staff work with Caltrans to install Old Town Tustin signs at freeway offramps and pursue additional signage. COMMISSION CONCERNS: Commissioner Jennings - Expressed concern regarding the Tustin Lanes painting palette. The Director indicated that is an ongoing code enforcement issue which staff is continuing to address. Noted that the stage area of Peppertree Park has become a skateboard area and suggested perhaps applying plastic knobs to prevent this destructive use. Thanked the City for a very successful Dino Dash which involved more runners and more revenue than ever. Commissioner Bell Echoed the Tustin Lanes concerns of Commissioner Jennings. Mentioned the traffic patterns at 17th and Yorba seem to be out of sync. Doug Anderson indicated staff will investigate the timing of the signal lights. Commissioner Pontious - Noted that one letter "n" is out on the Denny's sign. - Suggested scheduling workshops for Planning Commissioners and staff to review various matters with new members and refresh continuing members of the Commission. Chairman Kozak stated his interest in the workshop suggestion and asked Commissioners and staff to provide suggested items and dates at the next meeting or the first meeting in December. Commissioner Miller - Commented on the recent City election and offered congratulations to newly elected Council members, Tony Kawashima and Lou Bone, as well as incumbent Jeff Thomas. - Stressed the importance of Veterans' Day remembrances. - Wished everyone Happy Thanksgiving. - Wished the Director a safe holiday vacation in Ohio. Chairman Kozak - Wished everyone Happy Thanksgiving. - Requested that the Planning Commission be apprised of CDBG hearings. The Director indicated that information will be provided. - Requested that the pawnshop banner, which can Interstate 5, be removed. be seen from northbound Planning Commission Minutes November 14, 2000 Page 9 - Asked the Transportation Project Manager what is happening at the intersection of First and Prospect and why the lanes are being repainted. Doug Anderson replied that the traffic pattern is being reconfigured; may be a temporary inconvenience; but will be much safer once it is finished. ADJOURNMENT: The meeting adjourned at 8:04 p.m. A regular meeting of the Planning Commission will be held on November 28, 2000, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. (-Elizabeth A. Binsack Planning Commission Secretary