Loading...
HomeMy WebLinkAboutPC Minutes 06-12-00CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Present: Absent: Staff: MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 12, 2000 7:04 p.m., City Council Chambers Commissioner Kawashima Chairman Kozak Commissioners Bell, Davert, Kawashima and Pontious None Elizabeth Binsack, Director of Community Development Karen Peterson, Senior Planner Lois Bobak, Deputy City Attorney Brad Evanson, Assistant Planner Minoo Ashabi, Associate Planner Lori Ludi, Associate Planner Doug Anderson, Senior Project Manager (Transportation) PUBLIC CONCERNS: There were no public concerns. CONSENT CALENDAR: 1. Minutes of the May 22, 2000 Planning Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 99-030 a request to construct a 4,853 square foot expansion to an existing sixty (60) seat restaurant building to establish a convenience store. APPLICANT: PROPERTY OWNER: LOCATION: RECOMMENDATION CARLCHAVEZ NUNO BROTHERS, INC. 15761 TUSTIN VILLAGE WAY That the Planning Commission adopt Resolution No. 3735 approving the Final Negative Declaration and Resolution No. 3736 approving Conditional Use Permit 99-030 and Design Review 99-038. The Public Hearing opened at 7:06 p.m. Brad Evanson, Assistant Planner, presented the subject report. Commissioner Kawashima questioned whether the vending machines would video gaming machines. include Staff indicated video games are not formally included. Language in the conditions of approval for the Resolution can be modified to include that. Planning Commission Minutes June 12, 2000 Page 2 Chairman Kozak asked for clarification regarding Condition 4.7 dealing with the reciprocal ingress and egress easement and recommended that a Building Permit stop point be inserted rather than the Certificate of Occupancy. Chairman Kozak also questioned whether or not Los Angeles County should read Orange County. Staff responded that Los Angeles County is correct. That is where the map was filed. Chairman Kozak asked for clarification as to the conditional use permit concerning the distance requirements and possible return of the applicant for a permit to sell alcoholic beverages. His concern involved the minimum distance of 300 feet being met. Staff indicated distance separation requirements in the Tustin City Code refer to off-site sales of alcoholic beverages or on-site consumption in conjunction with a bar or a lounge. The Code does not have distance separation requirements from sensitive uses for bona fide restaurants. Any request for permit to sell alcohol would be in connection with the existing 60-seat, sit-down restaurant. Carl Chavez, representative of Nuno Brothers and Lozoya Construction, requested clarification of Condition 4.7 and what is required from both sides for recording. Staff responded that a two-way drive aisle requires a minimum width of 25 feet. The parking stalls along the northern boundary of the property directly to the south do not have a 25-foot clearance. Reciprocal access is requested over the common area of the two parcels for general vehicular movement. Mr. Chavez stated his understanding of this point. Commissioner Davert voiced concerns regarding the over concentration of convenience stores and similar businesses, the ancillary effects of convenience stores, and how this application relates to Council's position to making some improvements in that area. He stated that he likes the design and feels it will be better than the abandoned Keno's. The Director responded the City does not have ordinances that limit the number of convenience businesses from operating. There is a limitation on the sale of off-site consumption of alcoholic beverages which is not involved as applicant is not proposing to sell alcohol. Crime statistics were not included in the report, but the City's Community Resource Officer did review the proposal. Conditions are proposed to eliminate and/or reduce the potential for criminal activities. Staff can work with the Police Department to determine existing problems in that area and report back to the Commission. The Director stated that this is a discretionary action for the Commission to approve, conditionally approve, or deny. If denied, appropriate findings must be stated. Commissioner Davert indicated he did not feel it should be denied, but perhaps a two- week postponement to study the situation more closely would be appropriate. Commissioner Kawashima asked the applicant whether or not the store would stock unique or specialty items that might be difficult to find elsewhere. Mr. Chavez responded that perhaps the problem stems from the use of the term "convenience" which may imply a negative connotation. The restaurant is approximately 2800 square feet which leaves 9000+ square feet of market. The scope is much broader than a convenience store. Meat products, culturally oriented food catering to the Hispanic market, and other items coinciding with the restaurant suggest more than a convenience type establishment. Chairman Kozak suggested it would be more appropriately characterized as a specialty shop. The Director stated the City's zoning definition of a convenience store encompasses any establishment under 15,000 square feet selling food products. If the Commission is Planning Commission Minutes June 12, 2000 Page 3 concerned about crime or other secondary impacts of these kinds of facilities, that should be the focus. Staff can gather that information if the Commission requests. Chairman Kozak referred to another agenda item which addresses security issues and includes a condition of approval dealing with the number or frequency of calls. Perhaps such a condition could be incorporated here that would address Commissioner Davert's concerns. Commissioner Kawashima reiterated that such a facility could be a positive cultural centerpoint in the community. Mr. Chavez stressed the pleasing aspect and accessibility of the building which is designed to eliminate security concerns. Commissioner Pontious asked for clarification regarding Condition 8.6 and video games. The Director suggested modifying that condition to add a sentence limiting to four the number of video games because five or more would constitute an arcade. This land use district does not allow for arcades. Commissioner Pontious requested language be implemented to strengthen Condition 5.8 indicating any graffiti would be removed within 24 hours. Commissioner Davert questioned the proximity to the nearest residences. Staff indicated approximately 50 feet. For off-site sales the measurement is to be taken from the nearest entry point, which is approximately 80 feet. Chairman Kozak asked for other speakers on the item. Karin Marquez, Manager at Tustin Villaqe Apartments adjacent to the site, indicated the business would benefit her residents as having a nearby store with items they seek might alleviate the problem of people leaving shopping carts from other markets on her property. Ms. Marquez also stated that even while the building has been empty it has been well-kept, any graffiti covered in a timely fashion, and the landscaping maintained. The Public Hearing closed at 7:29 p.m. Chairman Kozak stated that he is impressed with the project's attention to detail, architecture, colors, and materials, which will be a significant improvement to the property and the neighborhood, and requested Commission input. Commissioner Davert expressed his appreciation for the Commission's taking the time to address his concerns. The apartment manager's testimony was compelling, especially regarding shopping carts and convenience to the local residents. Mr. Davert indicated his support of the project with modifications proposed by staff and Chairman Kozak. Commissioner Kawashima indicated his support and enthusiasm for the cultural center aspect of the project. Commissioner Pontious indicated support with modifications. The Director summarized the modifications and noted that if there is a problem in the future, revocation proceedings can be considered. Chairman Kozak asked the applicant's representative whether or not he understood and agreed. Mr. Chavez asked for clarification regarding the addition of Condition 8.11. Planning Commission Minutes June 12, 2000 Page 4 The Director explained that if there are an inordinate number of calls for service, the Chief of Police, in conjunction with the Community Development Department, could establish reasonable mitigation measures to insure that criminal activity does not ensue. This could involve an on-site security guard at certain times of the day. Mr. Chavez indicated his understanding of this condition as the parties meeting and attempting to solve the problem. The Director responded that is correct and if the applicant did not concur staff's decision, he could appeal to the Planning Commission. Mr. Chavez expressed his understanding of this condition. Chairman Kozak moved, Commissioner Bell seconded, to adopt Resolution 3735 approving the Final Negative Declaration and Resolution No. 3736 approving Conditional Use Permit 99-030 and Design Review 99-038 modified as follows: Condition 4.7 to read as follows: "Prior to the issuance of a Building Permit, ..." Add the following to Condition 5.8: "Graffiti shall be removed within seventy-two (72) hours of the complaint being transmitted to the property owner from the City." Add the following to Condition 8.6: "No more than four (4) video arcade games, virtual reality or coin/token operated games may be located on the premises without obtaining required approvals from the City." Add Condition 8:11 as follows: "If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement proceedings to reduce the likelihood of criminal activity." Motion carried 5.0. Tentative Parcel parcels into one 7.3 acre parcel. APPLICANT: Map 2000-135 a request for authorization to combine two PROPERTY OWNER: LOCATION: CASE STANFORD AND ASSOCIATES ATTN: JAMES SHERROD SMC PNEUMATICS 14191 AND 14251 MYFORD ROAD RECOMMENDATION That the Planning Commission adopt Resolution No. 3737 recommending that the City Council approve Tentative Parcel Map 2000-135 to combine two parcels into one (1) 7.3 acre parcel. The Public Hearing opened at 7:35 p.m. Minoo Ashabi, Associate Planner, presented the subject report. Public Hearing closed at 7:36 p.m. Commissioner Davert moved, Comissioner Kawashima seconded, approval of Tentative Parcel Map 2000-135 to combine two parcels into one (1) 7-3 acre parcel. Motion carried 5-0. Planning Commission Minutes June 12, 2000 Page 5 Conditional Use Permit 99-026 a request to construct a 2,390 square foot service station with a car wash and convenience store which would provide beer and wine for sale for off-site consumption. APPLICANT: PARVIZ SHAMTOUB OWNERS: ZORRO INVESTMENT COMPANY LOCATION: 17241 IRVINE BOULEVARD RECOMMENDATION That the Planning Commission adopt: Resolution No. 3732 approving the Final Negative Declaration for the project; Resolution No. 3733 recommending that the City Council approve General Plan Amendment 99-003; and Resolution No. 3734 approving Conditional Use Permit 99-026 and Design Review 99-033. The Public Hearing opened at 7:37 p.m. Lori Ludi, Associate Planner presented the subject report, including revised language for Condition 6.25 regarding the sale of alcoholic beverages. The Director commented regarding Condition 6.17 it should read: "All truck deliveries shall occur prior to 6:00 a.m. and after 8:00 p.m." Since this is a Mitigation Measure, it should also be modified in the Negative Declaration to insure that the trucks do not enter during the peak driving hours. Commissioner Davert asked what was required on the canopy roof for the last gas station approved because the Planning Commission should be consistent. Staff indicated the design is a pitched roof designed to match the roof on the store. Chairman Kozak indicated the conditions address most of his concerns in terms of ingress/egress but suggested that 7.5 on page 14 should also include pavement markings at the westerly driveway as an additional safeguard; stated that trucks offloading should enter on Irvine and exit on Irvine to minimize the cross circulation of fuel trucks with customer vehicles; referred to Conditions 5.4 and 5.5 regarding additional trees and berming, suggesting landscaping treatment be added along the 45-foot westerly wall; and, questioned staff regarding the fact that proposed signs were not included for consideration but are indicated on the plans, such as a pole sign, and asked, if the recommended actions are approved, will this lock in sign locations. Staff responded that the applicant would have to come back with a sign program. Any pole sign would require a conditional use permit to be brought before the Planning Commission. Commmissioner Davert expressed his concern that landscaping along Irvine Boulevard not be so aggressive as to interfere with sightlines. Chairman Kozak supported this comment. Commissioner Davert asked about the trucks exiting onto Yorba rather than onto Irvine Boulevard since traffic moves quite rapidly on Irvine; suggested trucks should not be restricted from using Yorba; indicated he spoke with the applicant's representative Planning Commission Minutes June 12,2000 Page 6 regarding the traffic, point of access, circulation, and architectural issues; and, stressed the importance of being consistent with regard to requirements for Chevron on 17"' Street. Scott Peotter, representing the applicant, expressed no disagreement with the age limitation under 6.25; referred to 4.5 requiring obscuring of the glass in the car wash; pointed out the site has been vacant seven years; noted his desire to achieve a modern, custom look similar to the Marie Callendar's at First Street; expressed concern regarding obscuring the glass because the plan is to show off the car wash equipment; noted most of the deliveries will occur after 10:00 p.m.; and, noted vines along the westerly wall to abate graffiti can easily be implemented. Commissioner Davert expressed concern regarding tinting the windows to obscure the view into the car wash, which seems inconsistent with security concerns, especially at night when the facility is not being used. The Director responded there should not be anyone in there when the car wash is closed and the doors secured. This is similar to the requirement applied to the E-Z Lube being constructed on Newport Avenue. In response to an inquiry from Commissioner Davert, Mr. Peotter indicated that the facility will be secured at both ends when not in use. When it is open, the stainless steel and porcelain machinery will be illuminated. Commissioner Davert requested clarification of the tint. The Director responded it should be opaque so the interior is not readily visible. This is a requirement for all mechanical equipment throughout the City. Mr. Peotter stressed the applicant's desire to advertise the equipment. It will always be a nice bright white interior with stainless steel hoops, which is good advertising for the product. Chairman Kozak asked if there were any more questions or comments. There being none, the matter was returned to the Commission for discussion. Commissioner Pontious supported staff on 4.5 due to issues of consistency with other actions taken regarding tinting windows to obscure machinery. On 4.1 the Commissioner asked for clarification. Commissioner Davert asked staff to confirm his recollection that the car wash equipment for the car wash at Main and Newport was required to be obscured. The Director replied affirmatively. Commissioner Davert stressed that this will be a big improvement to the parcel but allowed that the Commission should be consistent with other projects. On 4.1 he stated his support of staff and the guidelines the Commission helped to establish. On 4.5, if it was required of others, the Commission should be consistent. The Director proposed language to add to Condition 5.5 and 6.17. Commissioner Davert asked there not be restrictions going in and out on Irvine. Chairman Kozak noted that the language on 6.17 should remain as the intent is to avoid being overly restrictive. Mr. Peotter then stated that Mobil likes to have a 12-hour window for deliveries and would like the condition language to read 6:00 p.m. to 6:00 a.m. The Commission maintained the condition as written. Planning Commission Minutes June 12, 2000 Page 7 Commissioner Davert asked about the language in 3.12, "Cash register shall be located closer to the front door ..." and asked that this be reviewed at the staff level. The Director indicated that staff and the Police Department will review this condition during plan check. The Public Hearing closed at 8:10 p.m. Commissioner Davert reiterated his support of the project. Chairman Kozak asked, regarding the tinted windows, whether there is a material that would obscure the direct sight, meeting requirements placed on other applicants, and still allow some visibility of the equipment. Chairman Kozak suggested the applicant could bring materials for the approval of the Community Development Director. The Director indicated that the condition is flexible but intended to obscure the mechanical equipment from a public right-of-way. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution 3732 approving the Final Negative Declaration for the project, with the following modification on page 13 of Attachment A: Mitigation Measure 7.5, sentence 3, shall read: "A 'No Exit' sign and pavement markings shall be installed adjacent to the westerly driveway." Adopt Resolution No. 3733 recommending that the City Council approve General Plan Amendment 99-003, and Resolution No. 3734 approving Conditional Use Permit 99-026 and Design Review 99-033 with the following modifications: Condition 5.5 shall include the following sentence: "Landscape screening shall be provided along the westerly building elevation subject to review and approval by the Community Development Department." Condition 6.17 shall read as follows: "All truck deliveries shall occur prior to 6:00 a.m. and after 8:00 p.m." Condition 6.25 shall read as follows: "All persons selling alcoholic beverages shall be 18 years of age or older. Employees selling alcoholic beverages who are between the ages of 18 and 21 shall be supervised by an employee who is 21 years of age or older. The supervisor shall be present in the same area as the point of sale." Condition 7.5, sentence 3, shall read: "A 'No Exit' sign and pavement markings shall be installed adjacent to the westerly driveway." Motion carried 5.0. Chairman Kozak asked the Director for comments. The Director stated there is a 7-day appeal period during which the applicant may appeal any of the conditions or actual approval. Chairman Kozak indicated to applicant the City welcomes this project. Conditional Use Permit 99-031 a request to construct a 6,684 square foot auto transmission facility with eight work bays, a storage area and an indoor waiting area and office. APPLICANT: MICHAEL LUNA, ARCHITECT (TUSTIN TRANSMISSION) Planning Commission Minutes June 12, 2000 Page 8 PROPERTY OWNER: HENRY AND JUDY KUMAGAI LOCATION: 14122 NEWPORT AVENUE RECOMMENDATION That the Planning Commission adopt Resolution No. 3730 approving the Final Negative Declaration for the project and Resolution No. 3731 approving Conditional Use Permit 99-031 and Design Review 99-039. The Public Hearing opened at 8:13 p.m. Lori Ludi, Associate Planner, presented the report. The Director added that this project will block parking to the adjacent site. Staff has reviewed this with the City Attorney's office and worked with the applicant concerning this issue holding up his project. The Director suggested including a condition of approval that provides flexibility under 1.1 allowing the parties to come to an agreement which could be handled administratively and would not require Planning Commission approval. Commissioner Davert questioned whether the current application provides for any parking across property lines, whether or not the City would normally require this, or is it even something the Planning Commission should consider. The Director responded that that is correct. If the parties agree on an arrangement, staff could review the implementing documentation. However, staff does not feel as a result of this development that staff can require the dedication or the granting of reciprocity. Chairman Kozak agreed that this is an important technical and legal point and asked for other questions. Commissioner Davert inquired regarding Condition 3.6 and the storage or parking of buses, trucks or other similar vehicles being prohibited whether or not this is meant to exclude the applicant's ability to service those types of vehicles requiring the applicant to only service passenger cars. Staff responded that that is not the intent of that condition. Commissioner Davert asked whether Condition 3.13 regarding the hours of operation unnecessarily restricts the applicant and suggested eliminating "closed on Sunday" as a condition, allowing the business to be open if they so choose in the future. Chairman Kozak referred back to the matter of reciprocity and expressed his enthusiasm for the design of the facility but expressed concern regarding on-site parking. Mr. Kozak indicated that after reviewing the Austin-Foust report, he felt there was a shortage of parking on site and wondered if some of the traffic count numbers may be deceiving since the existing transmission facilities examined were six bays while this proposal is eight bays, making this proposal is two parking spots short. The Chairman felt the adjacent property owners might provide an opportunity to resolve the parking problem. Commissioner Davert stated the staff report addresses that deficit in Condition 3.21 by restricting the number of vehicles serviced in a day regardless of the number of service bays. Chairman Kozak asked how the condition would be enforced. Commissioner Davert indicated his belief that the design benefits far outweigh the loss of parking to an adjacent property. This is a legal issue and not a Planning Commission matter. Chairman Kozak asked the applicant to address the Commission. Planning Commission Minutes June 12, 2000 Page 9 Michael Luna, the architect for the project, referred to Mr. Henry Kumagai's other projects in Tustin; stressed the Mediterranean design following the trend in the area and the attempt to make the property look like something other than automotive use; and, referred to Condition 2.16 and the fact that continuing the mansard roof over the parts storage section of the facility along the rest of that wall would not allow the height required for the bays located directly on the other side of the higher section. In response to an inquiry by Chairman Kozak, Mr. Luna noted that the architectural treatment is a stucco-finished parapet wall with a crown molding painted a contrasting color to provide an architectural cap to the wall. Chairman Kozak questioned whether or not there is a relief feature at the top of the wall. Mr. Luna indicated there are fake windows designed to provide relief, a wainscoat finish in the stucco which lessens the height of the wall, and detailing that would be interesting to look at from the adjacent property, softening the impact of the wall. Mr. Luna referred to Condition 2.30 with the 15 percent landscaping requirement and explained there was an error on the coversheet which indicates 12.3 percent lot coverage. There will be 16.1 percent. He displayed a plan showing all the landscape elements on the property, which staff will need to confirm. Mr. Luna referred to Condition 3.7 regarding vehicles awaiting service being parked in the courtyard area and within the service bays and that vehicles awaiting service shall not be parked in stalls 1-22; referred to the fire clearance aspect of the condition and asked for clarification; and, questioned Condition 3.14 regarding the door on the north side of the service bay building remaining closed during business hours. Commissioner Davert suggested this is more an aesthetic concern than a noise concern. Staff indicated this was taken directly from the noise study and clarified the condition referred to as a pedestrian door. Mr. Luna referred to Condition 3.21 and page 6 of the Planning Commission report concerning how many vehicles will be serviced on a daily basis and potentially limiting of customers per day to 16 and stated the applicant might not proceed with the project. Commissioner Davert then returned to Chairman Kozak's concern regarding the parking and the reconciling of these two issues. Mr. Luna stated that Mr. Foust would address the parking study. Mr. Luna referred to the deed restriction and stated that the language in 3.21 insuring "use of the facility remain transmission repair shop" seems limiting to the applicant and asked for language to allow other automotive uses similar to the parking demands that a transmission shop might incur. Commissioner Davert asked staff whether 3.21 is even necessary given that the conditional use permit is very specific as to the use. The Director responded that the condition is necessary and suggested that modifying the conditions should be done individually once other speakers have come forward. Mr. Luna indicated he had met the Willises before the meeting opened. He pointed out that a letter was sent in August 1999 addressing the parking situation, inviting the Willises to work with applicant toward a joint use parking arrangement. The response to this letter was a telephone call indicating no interest because they felt it was illegal. The applicant is open to working out a parking arrangement that might benefit this project and help their parking situation. However, applicant has obligations and does not want a two-month delay on this project. Planning Commission Minutes June 12,2000 Page 10 Mr. Joe Foust, associate at Austin-Foust Associates, indicated the week-long, including Saturday, parking study was quite simple---observing and counting Mr. Kumagai's existing facility in Tustin. The maximum number was 18 cars parked at any one time. As a case study, they then studied two AAMCO sites, one in Garden Grove and one in Santa Ana. Transmission work takes a day. The longer it takes to repair a vehicle, the fewer people come at any one time. Three per bay for transmission work is a fair guide to indicate maximum spaces will be necessary. Even with an eight-bay facility, a maximum of 18 cars per day--either being repaired, waiting for repair, or belonging to the employees--is a reasonable number to expect. George Willis, Jr., son of Harriet M. Willis, indicated this project was a surprise to the Willises about which they first learned in a letter from staff at the end May 2000 after which he went to the City and received additional information regarding the parking situation. Mr. Willis said that in talking to Mr. Kumagai and Mr. Luna this evening and after talking with an attorney previously, the Willis family feels the possibility of losing four of six parking places and the future impact upon their property with other development is significantly damaging to the Willises. The idea of joint use parking makes sense for both parties. The solution would be to remove the wall and reconfigure the Willis property so that each property has access to these six spots. The Willises are willing to record an easement to that effect. There is no reason to stop the project. Staff approval of a shared parking condition would seem to solve the problem. The Director suggested modification language in the order of the conditions, clarified the reasons for the number of vehicles being limited to 16, and offered the possibility of continuing this item if the Commission desires. Commissioner Davert inquired whether there is a way to accomplish this without imposing an artificial number, such as "any vehicles awaiting service or being serviced must be screened from public view." The Director said the condition could be modified and referred to a recorded deed restriction as protection for disclosure to future property owners. Commissioner Davert asked Lois Bobak whether Condition 3.21 is a reference to a bona fide purchaser problem. Staff responded that recording insures that there would not be a bona fide purchaser without knowledge of the conditions. Few people save the conditional use permit; therefore, a recorded document would provide disclosure to a future purchaser. Chairman Kozak brought the item back to the Commission for discussion. Commissioner Davert commented that the parking seems adequate for the proposed development; Tustin Transmission is a poor example of vehicle storage; the Commission should take care to avoid a similar situation with this project; supported counsel's request for a deed restriction; and, noted that if the applicant can devise a way to have more vehicles and still meet the parking and screening requirements, additional cars should be permitted. Chairman Kozak suggested using the number 18 from the Austin-Foust report. Commissioner Pontious indicated a willingness to compromise by using the number 18 and shielded from view. Commission Davert pointed out that the amount of time involved for each job varies. Commissioner Pontious stated that the plan was to make the number a maximum on site. Commmissioner Davert said there seemed to be a consensus to reflect that and raise the number to 18. Planning Commission Minutes June 12, 2000 Page 11 The Director provided the modification language. Commissioner Divert addressed the reciprocal parking issue, stating his understanding of situation for the adjacent property owners and his belief that the Planning Commission cannot impose this on the applicant. Getting involved in negotiations between property owners is not an appropriate course of action for the Commission. Chairman Kozak encouraged the parties to pursue the reciprocal arrangement. Commissioner Divert expressed his understanding from the Director that, if the parties are able to come to terms, this can be handled at an administrative level to avoid further delays. Chairman Kozak agreed that those minor modifications are well handled by staff. Commissioner Divert welcomed the project and indicated his appreciation of the design on a prominent corner. Commissioner Kawashima expressed his concern regarding the noise and asked if the sound baffling walls will be for the minimum or the maximum amount of dampening. The Director responded that the requirement is that the project meet the City's noise ordinance. Based on the noise analysis provided and the conditions included, staff feels the applicant will be within the requirement. Commissioner Bell indicated she is happy to see that corner developed. The Public Hearing closed at 9:20 p.m. Commissioner Divert moved, Commissioner Pontious seconded, to adopt Resolution No. 3730 approving Final Negative Declaration for the project with the following modifications: Mitigation Measure 3.13 on page 12 of Attachment A shall read: "The auto facility shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily." Mitigation Measure 3.14 on page 12 of Attachment A shall read: "The pedestrian door on the north side of the service bay building shall remain closed during business hours." Adopt Resolution 3731 approving Conditional Use Permit 99-031 and Design Review 99-039 with the following modifications: Condition 2.16 shall read as follows: "The architectural features of the southern corner of the building containing the six service bays shall be consistent along the southeast and southwest elevations, subject to review and approval by the Community Development Department." Condition 3.13 shall read as follows: "The auto facility shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily." Condition 3.14 shall read as follows: "The pedestrian door on the north side of the service bay building shall remain closed during business hours." The first sentence of Condition 3.21 shall read as follows: "The property owner shall execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the use of the facility remain transmission repair based upon the reduction of the number of parking spaces provided and that the maximum number of vehicles awaiting service or being serviced at any time shall be eighteen (18), unless modified by a Conditional Use Permit approved by the Planning Commission." Planning Commission Minutes June 12,2000 Page12 The Director indicated there is an appeal period. Any appeal, with the fee, must be received by Monday, 5:30 p.m., June 19, 2000, from any party wishing to appeal the decision or any of the conditions imposed by the Planning Commission. REGULAR BUSINESS: None STAFF CONCERNS: 6. Report on Actions taken at the June 5, 2000 City Council Meetinq Elizabeth A. Binsack, Director of Community Development, reported: City Council approved Tentative Parcel Map 99-217. City Council approved the Cooperative Agreement with City of Orange for the shared monument sign on Jamboree Road. The Director also reported: The Orange County Rescue Mission would like to escort the Planning Commission on a tour of the facility at the former marine base (MCAF-Tustin). Staff met with Caltrans regarding the status of freeway signs for Old Town Tustin and will be sending a letter of request and justification. Lois Bobak, Deputy City Attorney, announced she will no longer be staffing the Planning Commission meeting and introduced Doug Holland as her replacement. COMMISSION CONCERNS: Commissioner Bell Stated appreciation for the successful Chili Cook-Off and State of the City luncheon. Commissioner Davert Echoed Commissioner Bell's comments regarding Chili Cook-Off and State of the City luncheon. Reported the Police Department Open House was also very enjoyable and well attended. Mentioned an article from the Waft Street Journal regarding ways other cities are handling cell site structures. Wished Lois Bobak farewell and welcomed Doug Holland. Commissioner Pontious Indicated she will bring to the next meeting photographs of cellular antennas which she observed on her visit to South America. Commissioner Kawashima Also stated his enjoyment of the Police Department Open House. Mentioned that tennis courts in the Sports Park are in disrepair. Planning Commission Minutes June 12, 2000 Page 13 The Director indicated she would forward that information to the Department of Parks and Recreation. Commissioner Kozak - Stated his appreciation of the renderings of Old Town on display at the State of the City luncheon. - Expressed his enjoyment of the Chili Cook-Off. - Wished Lois Bobak farewell and welcomed Doug Holland. - Mentioned seeing a newspaper article regarding Skate Stoppers. - Mentioned hearing on the radio that Media One may soon be purchased by AT&T, and the City will want to monitor that situation closely. ADJOURNMENT: Chairman Kozak adjourned to 5:00 p.m., June 26, 2000, when the Planning Commission will meet at MCAF-Tustin for a tour of the Orange County Rescue Mission before returning to City Council Chambers, 300 Centennial Way, Tustin, for the regularly scheduled meeting beginning at 7:00 p.m. ~e~}~_.~ v. Kozak Chairperson Elizabeth A. Binsack Planning Commission Secretary