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HomeMy WebLinkAboutPC Minutes 08-28-00 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 28, 2000 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jennings ROLL CALL: Chairman Kozak, Commissioners Bell, Jennings, and Pontious Present: Chairman Kozak, Commissioners Bell, Jennings, and Pontious Staff: Elizabeth Binsack, Director of Community Development Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Patty Adams, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: There were no Public Concerns. CONSENT CALENDAR: 1. Minutes of August 14, 2000 Planning Commission Meeting. Commissioner Pontious moved, Commissioner Bell seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: Conditional Use Permit 00-017 a request for authorization to establish a 1,600 square foot convenience market within a commercial center. APPLICANT: ANA SILVA OWNER: CHOON HAKYOU LOCATION: 17292 McFADDEN AVENUE, SUITE K Recommendation: That the Planning Commission adopt Resolution No. 3747 approving Conditional Use Permit 00-017. The Public Hearing opened at 7:03 p.m. Minoo Ashabi, Associate Planner, presented the report, indicating that staff received a letter opposing this proposal from a property owner north of the proposed site at 17311 McFadden Avenue. A copy of the letter was provided at the dais. Staff recommended approval of the proposal with a modification of Condition 4.6 to include additional language as follows: "No more than four (4) video arcade games, virtual reality, or coin- token operated games may be located on the premises." Commissioner Jennings asked for clarification as to the proposed site location in relation to 17311 McFadden Avenue. Planning Commission Minutes August 28, 2000 Page 2 Chairman Kozak asked whether the letter of opposition should be referenced in the minutes. The Director responded affirmatively. Deputy City Attorney Holland indicated that a copy of the letter was also shared with the applicant. Chairman Kozak asked if members of the audience wished to speak. Ana Silva, applicant, stated she was there to answer questions. Commissioner Pontious asked, regarding Condition 4.6, if the added language indicates exterior or interior location of video games. Staff responded that any games would be in the interior and are not permitted outside. The Director added that this zone would not allow five or more video games because that would be considered an arcade. Chairman Kozak requested additional language to clarify the interior/exterior designation. Commissioner Bell inquired whether the opposing party's store would be operating at the same time as the previous convenience store at this location. The Director responded that the hours would be similar. Commissioner Bell asked if the businesses had been operating simultaneously. Staff responded affirmatively. The Director noted that it is not the role of the Planning Commission to restrict competition but to verify appropriate land use as well as the internal operations and characteristics of the proposed use. Chairman Kozak suggested, regarding Condition 2.9, that "building" be added to specify the permit being issued; Condition 3.1, add the words "approved by the Director of Community Development" to alleviate future potential signage issues; and, add a condition requiring cleaning and maintenance of the premises similar to other convenience store conditional use permits. The Director suggested additional language. Commissioner Pontious noted that this is an area the City likes to see maintained and upgraded whenever possible. Chairman Kozak asked the applicant if she understood and accepted all the suggested revisions. The applicant responded affirmatively. The Public Hearing closed at 7:16 p.m. Commissioner Pontious moved, Commissioner Bell seconded, to adopt Resolution No. 3747 approving Conditional Use Permit 00-017 with the following modifications: Add Condition 1.8 to read as follows: "Conditional Use Permit 00-017 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compliance with the conditions contained herein. Additional conditions may be recommended to the Planning Commission to mitigate any negative impacts resulting from the business operations not contained within the scope of this permit." Planning Commission Minutes August 28, 2000 Page 3 Add to Condition 2.9: Prior to "building" permit issuance "or initiation of sales of merchandise," clearance from the Orange County Health Department will be required. Add to Condition 3.1: Prior to issuance of a Certificate of Occupancy, complete sign plans shall be submitted "and approved by the Community Development Director" which address all proposed wall, directional, and address signs. Add the following sentence to Condition 4.6: "No more than four (4) video arcade games, virtual reality, or coin-token games may be located in the interior of the premises. No games may be located on the exterior of the premises." Add Condition 4.15 to read as follows: "The premises shall be maintained continuously in a clean and healthy condition." Motion carried 4-0. The Director noted that staff will advise Mr. Hahn of these actions and his appeal rights. REGULAR BUSINESS: None STAFF CONCERNS: 3. Report on Actions taken at the August 21,2000 City Council Meeting Presentation: Elizabeth A. Binsack, Director of Community Development - The Council took action on the short list for Commercial/Office/ R&D/Industrial developer competition for the Tustin Legacy. Commissioner Pontious asked if this means the Council will be looking at proposals over a few months. The Director answered that the time frame depends on a plethora of actions at the base and staff will share that information as soon as it is made available. - The City approved the solid waste service transition report from Waste Management, Inc. to Federal Disposal by October 1,2000. Referring to the report requested by Commissioner Bell at the last meeting regarding Cedar Grove, the Director indicated that the Council is sending this back to the Parks and Recreation Commission for consideration and recommendation. The Director asked the Commissioners to return the forms for the Planning Officials Forum. The Director addressed the graffiti issue, especially Mitchell and McFadden, and the City contractor's plan to target certain areas every Monday. Commissioner Pontious mentioned there was graffiti over the past weekend on utility boxes at Red Hill and Mitchell. The Director indicated the contractor probably took care of it today. The Director announced the hidng of Assistant Planner Patty Adams to fill Brad Evanson's position and introduced Patty to the Planning Commissioners. COMMISSION CONCERNS: Commissioner Jennings None Planning Commission Minutes August 28, 2000 Page 4 Commissioner Bell None Commissioner Pontious None Chairman Kozak Thanked staff for the information on the Cedar Grove Park parking issue and the Planning Officials Forum. Welcomed Patty Adams. Shared information from a resident of the Pasadena Street area indicating how pleased residents are with the reconstruction of the roadbed, sidewalks, and gutters. ADJOURNMENT: Commissioner Pontious moved, Commissioner Bell seconded, to adjourn at 7:30 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on August 28, 2000, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Elizabeth A. Binsack Planning Commission Secretary ~el~l~'~)/. Kozak C hairm'a"n