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HomeMy WebLinkAboutPC Minutes 10-11-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 11, 1999 CALL TO ORDER: 6:58 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Kozak ROLL CALL: Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious Absent: None Staff: Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Bradley Evanson, Assistant Planner Douglas Anderson, Senior Project Manager - Traffic Kathy Martin, Recording Secretary PUBLIC CONCERNS: No Public Concerns were expressed CONSENT CALENDAR: 1. Minutes of the September 27, 1999 Planninq Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded to approve the minutes corrected as follows: Page 9, Chairperson Kozak's comments, Lube" should be "Econo Lube N Tune". Motion carried 5-0. PUBLIC HEARINGS: "Jiffy Tentative Parcel Map 99-197 a request to combine two (2) parcels to allow for the construction of a 3,322 square foot restaurant with drive-thru service. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2) zoning district. OWNER: APPLICANT: Recommendation EDGAR PANKEY TRUST KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA Adopt Resolution No. 3694 recommending that the City Council approve Tentative Parcel Map 99-197. The Public Hearing opened at 7:00 p.m. Bradley Evanson presented the subject report and noted changes made to the resolution. Chairperson Kozak inquired if the Commission should make the motion as amended. Planning Commission Minutes October 11, 1999 Page 2 The Director responded affirmatively. Marshall Wilkinson, architect, stated that he and the property owner are in agreement with the conditions and they have appreciated staffs assistance. The Public Hearing closed at 7:04 p.m. Commissioner Davert stated that he was pleased to see the lots being consolidated for a larger use. Commissioner Davert moved, Commissioner Pontious seconded to adopt Resolution No. 3694 recommending that the City Council approve Tentative Parcel Map 99-197. Motion carried 5-0. Amendment to Conditional Use Permit 97-005 and Design Review 97-009 a request to amend Condition 1.3 of Planning Commission Resolution No. 3534 to extend the expiration of the approvals of Conditional Use Permit 97-005 and Design Review 97-009 by twenty-four (24) months to December 1, 2001. The project is located at 535 East Main Street within the C-2 P Central Commercial, Parking Overlay zoning district. APPLICANT: BENNETT ARCHITECTS GREG BENNETT PROPERTY OWNERS: HOWARD FERRAND, RAMESH BAJARIA, AND REKHA BAJARIA Recommendation That the Planning Commission adopt Resolution No. 3695 approving an amendment to Conditional Use Permit (CUP) 97-005 and Design Review (DR) 97-009 extending the expiration of the project approval by six (6) months to June 1,2000. The Public Hearing opened at 7:05 p.m. Bradley Evanson presented the subject report. Chairperson Kozak identified changes made to the resolution prior to the meeting as follows: Condition 1.1 strike last sentence which reads "No further time extensions may be considered." Condition 1.3 add language as follows: "for a six (6) month extension" after Design Review 97-009. Greg Bennett, applicant, indicated his concerns about the code enforcement action in Condition 1.3 and noted that he originally requested a 24 month extension. Chairperson Kozak asked staff to provide more detail on the code enforcement issues. The Director noted that there are non-permitted signs, peeling paint, potholes and loose gravel on the site and code enforcement staff is looking for the property owner to correct the violations. Chairperson Kozak asked if the potholes were related to the tank removal operation. The Director stated that the potholes are throughout the parking lot. Planning Commission Minutes October 11, 1999 Page 3 Commissioner Davert asked the applicant if they were asking that the code enforcement action not be tied into this approval. Greg Bennett, applicant, stated that if the property owner's toxic letter is accepted by the. County then all the blacktop will be taken out. Commissioner Davert asked the applicant why a six (6) month extension is being requested. Greg Bennett, applicant, stated that it is not necessary but he is concerned with technical problems arising. Commissioner Davert asked if the applicant's concern was with the timeline in the code enforcement letter. Greg Bennett, applicant, answered affirmatively and noted that it was not logical for the property owner to invest in the parking lot. Commissioner Davert asked the applicant if it would be acceptable for the Commission to consider staffs recommendation to extend the deadline. Greg Bennett, applicant, stated that it would be acceptable as long as the date is extended to December l'*t and noted his concern that staff can revoke the conditional use permit if they are unsatisfied with the blacktop. Commissioner Davert noted that there are other areas that have not been patched that are also problematic. Greg Bennett, applicant, noted that he will be working with the property owner for the next six (6) months but the site will not look good for awhile. Chairperson Kozak noted that staff is looking for a compromise and remediation of the rough spots. Greg Bennett, applicant, stated that the lot will be temporarily restriped to move the public through the site. Commissioner Pontious stated that the condition states that if the property owner restripes the lot, it should be maintained. Greg Bennett, applicant, stated that the business owner wants to keep the business viable during the time of construction. Chairperson Kozak asked staff if they would be willing to modify the resolution if the applicant made some changes in the asphalt area to be used in the course of the construction project. The Director stated that staff would make those changes as long as the area to be used is maintained in a safe condition. She further noted that, if there is agreement, the Commission would not need to modify the resolution if staff meets with Mr. Bennett on- site and he feels that staff is being arbitrary or capricious in its decision-making, then Mr. Bennett has the ability to appeal the decision within seven days of this action. Commissioner Davert summarized that the Commission could approve the resolution with minor modifications which would give the applicant a six (6) month extension during which time there should be no problem getting permits and the code enforcement issues would be addressed. The Director stated that Mr. Bennett indicated the applicant was proposing to move forward within a month to request demolition permits. If demolition permits are requested, the life of the conditional use permit would be extended. She further noted that the original resolution identified that substantial construction must be underway and Planning Commission Minutes October 11, 1999 Page 4 staff considers the issuance of permits and actively pursuing the permits to be substantial construction. The Commission would not actually need to approve a six (6) month extension if the applicant is proposing to pull those demolition permits. The tanks are a separate issue and unrelated to the discretionary action the Commission approved several months ago. Commissioner Davert asked how long the applicant has after pulling permits to do something. The Director responded that once permits are issued, they are good for six months and if an applicant shows a good faith effort, they can request another six months. Once the second six (6) month period expires, the applicant must request a new permit. Commissioner Davert stated that the Commission could either approve a six (6) month extension tonight, or with the applicant's consent, continue the hearing to the last meeting in November and see if the permits are pulled by then. He asked the applicant if he had a preference. Greg Bennett, applicant, stated that he preferred the Commission make a decision this evening rather than continuing so that he would have the ability to appeal the decision prior to December 1st. The Public Hearing closed at 7:31 p.m. Commissioner Davert stated that he has no objection to approving the six (6) month extension and understands that projects can be delayed but he wants to see the project go forward without any further delays. He further stated that the code violations can not be allowed to linger particularly since other property owners in the city have been prosecuted. Commissioner Pontious stated her agreement with Commissioner Davert and noted that she wished to see the code enforcement issues remain. Chairperson Kozak stated his agreement. Commissioner Kawashima stated his agreement and noted that the project is a pivotal gateway in the city. Commissioner Bell stated her agreement with the other Commissioners. Commissioner Davert asked staff if "exhibit" in D of the resolution is referencing the resolution. Bradley Evanson responded that "exhibit" refers to the exhibit of the resolution. The Director indicated that the resolution could be modified to read "resolution" rather than "exhibit". Commissioner Kawashima asked staff how the time extension would effect the environmental findings on the project. The Director stated that after five (5) years the environmental findings should be reconsidered. Commissioner Davert moved, Commissioner Kawashima seconded to adopt Resolution No. 3695 approving an amendment to Conditional Use Permit (CUP) 97-005 and Design Review (DR) 97-009 extending the expiration of the project approval by six (6) months to June 1, 2000 amended as follows: Condition 1.1 strike last sentence which reads "No further time extensions may be considered." Planning Commission Minutes October 11, 1999 Page 5 Condition 1.3 add language as follows: "for a six (6) month extension" after Design Review 97-009. Condition 1.4 - insert the word "further" prior to the word occurrences. Item D in the body of the resolution - change the word "Exhibit" to "resolution" Motion carried 5-0. REGULAR BUSINESS No Regular Business STAFF CONCERNS: 4. Report on Actions taken at the October 4, 1999 City Council Meetings Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Commissioner Bell Thanked staff for their quick response to her concern about the rusting fire hydrants. Noted that the Planning Commissioner's forum she attended last week was a great opportunity. Commissioner Davert Thanked and congratulated the Tiller Days committee for another outstanding event. Noted that the City of Tustin received good press in the local section of The Register. Noted that he read an article in the Orange County Business Journal about cities developing a process by which developers and applicants could obtain permits through the internet and stated that he is a fan of making services user-friendly. The Director indicated that the City does have a basic web page and the goal in the future is to have services available to applicants on the internet. Chairperson Kozak Stated that he attended Tustin Tiller days and thanked the committee and the Parks and Recreation Department for the best Tiller Days he has experienced. Noted that a traffic sign on Prospect Avenue before Santa Clara was covered with stickers and not visible. Doug Anderson stated that Public Works would take care of the sign. Commissioner Kawashima Thanked staff for the opportunity to attend the Planning Commissioner's forum which he found to be very informative. Planning Commission Minutes October 11, 1999 Page 6 - Noted that the parole office was no longer an issue for the City. ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 7:51 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on October 25, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 1999 JSt~.~.V Kozak Chairperson Elizabeth A. Binsack Planning Commission Secretary