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HomeMy WebLinkAboutPC Minutes 04-12-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 12, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert INVOCATION: Commissioner Browne ROLL CALL: Commissioners: Chairperson Pontious, Browne, and Kozak Davert, Kawashima Present: Vice Chair Kozak Browne Davert Kawashima Absent: Chairperson Pontious Staff: Elizabeth A. Binsack, Director of Community Development Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Justina Willkom, Associate Planner Lori Ludi, Associate Planner Minoo Ashabi, Assistant Planner Doug Anderson, Senior Project Manager - Transportation Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT CALENDAR: 1. Minutes of the March 22, 1999 Planning Commission Meetinc~. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the minutes. Vice Chair Kozak abstained due to his absence at the March 22, 1999 meeting. Motion carried 3-0. Continued Public Hearing for Conditional Use Permit 98-007 & Design Review 98-007 a request to construct a 1,541 square foot drive-through oil change facility with two work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District C-1 zone, Town Center Redevelopment Project Area. APPLICANT: EZ LUBE MICHAEL J. DOBSON PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Vice Chair Kozak complimented staff and the applicant for their work on the EZ Lube project. Planning Commission Minutes April 12, 1999 Page 2 Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3664 recommending that the City Council approve Conditional Use Permit 98-007 and Design Review 98-007. Motion carried 4-0. PUBLIC HEARINGS: Continued Public Hearing: Conditional Use Permit 98-022 and Design Review 98-026 a request to establish a commercial parking lot in a 50' by 314' portion of an abandoned railroad right-of-way. The project is located at a vacant parcel to the north of 13031 Newport Avenue and to the west of 12901-12943 Newport Avenue in the Multiple Family Residential (R-3) zoning district. APPLICANT: JACK STANALAND PLAZA LAFAYETTE, LLC OWNER: PLAZA LAFAYETTE, LLC Recommendation That the Planning Commission adopt Resolution No. 3662 approving Conditional Use Permit 98-022 and Design Review 98-026. Justina Willkom presented the subject report. The Public Hearing opened at 7:06 p.m. Jack Stanaland, applicant, stated that he did not believe the proposed trail was a good idea and noted his disagreement with the following items: Resolution item 1.D.3 in that the additional parking spaces should count towards the required parking for the center; Condition 2.1 the wall should be 6' 8" from the parking lot grade; 2.11 security issues can be handled by signage and occasional patrols as opposed to hiring security personnel; 3.11 noted difficulty with enforcement of employee parking and valet parking all day is not cost effective but he would be willing to do a study; 3.12 C noted that the area designated for valet parking is part of the lease for the Nieuport 17 restaurant and is under control of the owner and cannot be used for the rest of the center patrons; and, the lease does not give him the authority to require a written response from tenants. He displayed pictures of trash in the empty lot and noted that the parking lot would be a good addition to clean the area. Commissioner Browne noted that hours for valet service were not indicated in Condition 3.12.A The Director indicated"that the next section within that condition requests a valet parking plan submittal and noted staff's concern that the valet, where currently located, discourages other individuals from parking in the rear. Commissioner Davert asked staff for a response to issues raised by the applicant. The Director indicated that it would be acceptable to modify the finding to exclude "as required parking spaces for the shopping center," staff wants to ensure that these spaces are not going to provide for more intensified uses i.e. another restaurant. Regarding Condition 2.1 - she stated that the wall should be constructed at 6' 8" from the highest grade to mitigate any noise or negative impacts. Regarding Condition 2.11 - she indicated that this condition mitigates issues such as noise, safety and to protect patrons and surrounding properties from nuisance conditions. Commissioner Davert asked if staff could accept an affidavit from the property manager that all tenants have been notified and asked if valet parking plan submittal would be handled at the staff level and noted his concern with requiring the property owner to hire a full time security person. Planning Commission Minutes April 12, 1999 Page 3 ~ The Director indicated that staff would be willing to accept an affidavit and affirmed that the valet parking plan would be handled at staff level. David Skelton, 14571 Beeson Lane, stated his opposition to the trail proposal due to noise, homeless, vandalism, etc. related to a trail. Paul Geary, 14551 Beeson Lane, stated his opposition to a trail and noted that he and several homeowners had submitted an offer to the railroad to purchase the property. He submitted a petition against the trail. Denise Ildefonso, requested that the traffic study be discarded due to mathematical errors and asked if the Brewing Company was in violation of their resolution. Justina Willkom noted' that at the time the variance was approved for the Tustin Brewing Company, the site plan indicated 241 spaces but the actual parking spaces at the site currently is at 232 spaces. Doug Anderson, Senior Project Manager - Transportation, restated the errors pointed out by the speaker. Vice Chair Kozak stated that the Commission would revisit the issue to allow staff the opportunity to review the noted errors. Brett Howard, 14472 Clarissa Lane, stated his opposition to the trail due to noise and safety issues. He suggested that the trail be located along Warren Avenue. Paul Sapak, 14512 Clarissa Lane, stated his opposition to the trail due to public safety issues. Sherri Miller, 2800 Keller Drive, County of Orange Trail Planning employee and resident, stated that the County has been working to make the trail a reality and is poised to purchase the property from the railroad authority. She further stated that the property owner of Plaza LaFayette is declining to install a gate and asked the Commission to require the installation of a gate. Commissioner Davert asked if the County of Orange is prepared to indemnify the property owner for any liability he incurs by having people on his property from the County trail and is there any proposal or plan to compensate the property owner for the easement that is being requested. Lois Bobak stated that the question is inappropriate because Ms. Miller is attending the meeting as a resident. Commissioner Davert stated that the Commission should disregard all of Ms. Miller's statements regarding the County's plans for the trail and noted that Ms. Miller did appear at the Community Development Workshop on March 29"~ as a representative of the County of Orange. Deann Santos, Woodcrest Apartments resident, stated her opposition to the parking lot due to safety concerns and there is no justification for additional parking; and indicated her frustration that phone calls to the Police Department or Sheriffs Department are routed back and forth and deliveries for Tustin Brewing Company are conducted in the alley next to apartments. George Haltman, 14592 Clarissa Lane, stated his opposition to the parking lot and presented overheads showing trash, broken gate, monitoring well and sewer access on the vacant lot. Christy Jones, Woodcrest Apartments resident, stated her support for a trail citing the benefit to the community. Planning Commission Minutes April 12, 1999 Page 4 Deborah Johnson, Woodcrest Apartments resident, stated her support for the trail and opposition to the parking lot. Neil Harkleroad, 10562 Mira Vista Street, stated his support for the trail and opposition to a parking lot and further noted that there have been no complaints from adjoining neighbors on the Seventeenth Street and Fairhaven trail system. Dick Ramage, owner of Woodcrest Apartments, stated his opposition to a parking lot and noted that the parking is adequate. David Knowlton, owner of Tustin Branch trail, stated that he is in negotiations with the County of Orange to acquire the right of way and acquisition should occur sometime this year and suggested that Mr. Stanaland should live up to the promise made by the previous property owner to install a gate. He further stated the County homeowners' offer to purchase the property was received but was so Iow the offer was not transmitted to him. Commissioner Davert asked if there was an enforceable covenant in existence that would compel the property owner to install the gate. David Knowlton stated that it was a verbal agreement and nothing was in writing. Nancy Ramage, owner of Woodcrest Apartments, stated her support for the trail and the installation of a gate. Eddie Burch, Executive Director, Tustin Chamber of Commerce, stated his support for allowing the property owner to do as he wishes with his property. Commissioner Davert stated that he has received many phone calls and visited the site and noted that the Commission is only considering the application for a parking lot expansion. He further stated that the property owner is entitled to reasonable development of the property and this is a good opportunity to expand the parking capability. The trail is not on the County's general plan and the County maintains the ability to condemn the property, if necessary. Commissioner Browne stated that the proposed use for the property is reasonable as long as impacts to surrounding residents can be mitigated. Commissioner Kawashima stated his concern for the safety of center employees and noise from rollerskating or skateboarding and Condition 2.11 should remain. Vice Chair Kozak asked Doug Anderson for a response to the errors in the traffic study. Doug Anderson, Senior Project Manager - Transportation, responded that in reference to the 241 parking spaces indicated on Page 3 he would have to look at the previous parking study done in conjunction with the approval of the Tustin Brewery to find out if the number is valid and where the number came from. He noted that there are actually 232 marked parking spaces on site. The table in the Appendix of the study indicates that there are 105 marked parking spaces at the rear of the building, however, the counts that are provided, in some cases, exceed that because they do include valet parking which in many cases are tandemly parked 2 cars to 1 space. Page 7 - Table 4, the 205.8 spaces was actually 224 and staff corrected the error with permission from the traffic engineer. The 224 figure comes from the appendix which was the highest counted number of vehicles parked at the time. The 205.8 spaces at the bottom of the table was a calculation that was done by the engineer to come up with how much square feet of building area was attributable to one space and the number was carried erroneously. The net parking spaces worse condition if you subtract 224 from 232 leaves 8 spaces and that is the correct conclusion in the study. On six different occasions, City staff observed and provided observations on the parking at noon and evening including Saturdays and found at no time were there not at least one or two parking spaces available due to the coming and going of customers. However, the report does fail to count the six additional parking spaces that were added on street by staff. Staff included those in the study as Planning Commission Minutes April 12, 1999 Page 5 well as those that parked across the street in the LA Fitness shopping center and walked across the street. Based upon staff's observations, counting Thursday and Friday noon and evening, there was insufficient parking on site. Vice Chair Kozak stated that the facility is overparked and the property owner has proposed a reasonable project to address the issue and further pointed out that Conditions 3.6 and 3.10 can be combined and should include reference to no skateboarding. Commissioner Davert proposed that 2.1 be taken from the high grade as staff has recommended rather than from the parking lot grade; 3.12 remain as written except for D and substitute language that the property owner would provide an affidavit; and, combine 3.6 and 3.10. Lois Bobak noted that a condition could be included that requires the adjacent property owners be given a number to reach someone if there is a problem. Commissioner Davert stated his opposition to Condition 2.11 and asked the City Attorney if the City is responsible for the safety of employees. Lois Bobak responded that the City is not responsible for employee safety but the property owner is responsible. Commissioner Browne stated that the Woodcrest Apartments and residents of Clarissa Lane would be the major beneficiaries of having someone on-site to handle disturbances. Commissioner Kawashima inquired about the cost of security guards. The Director stated that staff could modify the condition to identify that if deemed necessary by the Community Development Director and/or the Police Chief, the applicant shall provide security. Commissioner Davert proposed the modification as the Director has suggested. Commissioner Kawashima stated his concern for the safety of employees. Commissioner Davert stated that the safety of the employees is the responsibility of the property owner. Commissioner Browne asked if the issue on service calls to the Tustin Police and Orange County Sheriff could be addressed. The Director stated that it could not be addressed in the resolution but noted that she spoke directly to the City's Chief of Police who identified that it would be inappropriate for someone calling about a problem at Plaza LaFayette to be routed to the Sheriff and he would speak with the City's dispatchers and staff and the Sheriff's Department to ensure that this does not occur in the future. Commissioner Kawashima stated his concern that signage will not deter skateboarding. Commissioner Davert stated that signage allows the residents to call the police who can take care of the problem. The Public Hearing closed at 8:46 p.m. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3662 amended as follows: Section 1.D.3 delete "as required parking spaces for the shopping center or be used" Planning Commission Minutes April 12, 1999 Page 6 Condition 2.11 shall read "If deemed necessary by the Community Development Director and/or Chief of Police, the applicant shall provide security personnel and/or an on-site manager to limit access to the parking lot to employees only and to provide on-site security." Condition 3.10 amended to read "No Skateboarding" and "No Loitering" signs shall be posted on the site with sign details and locations to be approved by the Community Development Department. Said signs shall include the telephone number of an on-site manager or security personnel to address and/or mitigate any violations." Condition 3.12 D be amended to require that the property owner need only provide notice to the tenants and provide an affidavit to the City. approving Conditional Use Permit 98-022 and Design Review 98-026. carried 3-1. Commissioner Kawashima opposed. Motion The Planning Commission recessed at 8:46 p.m. The Planning Commission reconvened at 8:58 p.m. m Conditional Use Permit 98-037 a request to establish a health club within the existing commercial center known as El Camino Plaza. The project is located at 630 El Camino Real within the Central Commercial District (C-2P), Town Center Redevelopment Project Area. APPLICANT: BALLY TOTAL FITNESS PROPERTY OWNER: WILLIAM ZAPPAS TRUST Recommendation That the Planning Commission adopt Resolution No. 3665 approving Conditional Use Permit 98-037. Lori Ludi presented the staff report. Commissioner Browne asked Doug Anderson if left turns from Newport Avenue onto El Camino Real would be affected. Doug Anderson responded that there would be no turning impacts. The Public Hearing opened at 9:02 p.m. Art Bannick, applicant's architect, stated that the applicant reviewed the conditions and has no objections. Commissioner Kawashima asked staff if Condition 2.5 was a standard for health club uses. The Director responded that the condition is imposed because if a licensed practitioner is not on site when massage is taking place, it is considered a massage pador and individuals would then be required to have different levels of licensing and to ensure that problems do not arise in the future. Vice Chair Kozak noted his concerns with noise, litter and public telephones outside the building and suggested Conditions 3.12 and 3.14 from the EZ Lube resolution be used for this project. He further noted his concern about the color and scale of the proposed sign. Planning Commission Minutes April 12, 1999 Page 7 Commissioner Davert suggested that a condition be added to require maintenance of the sign. The Public Hearing closed at 9:10 p.m. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3665, amended as follows: Add new Condition 2.14 "All requirements of the City's Noise Ordinance (Chapter 6 of the Tustin City Code) shall be met at all times." Add new Condition 2.15 "Public telephones on the property shall be located inside the building and modified to prevent incoming calls. No exterior pay phones are allowed." Add new Condition 2.16 "All signs and their supporting structures shall be maintained in good condition, structurally safe, and shall comply with the most current Uniform Building Codes, as locally amended. Faded colors shall be repainted or replaced as deemed necessary by the Community Development Department." approving Conditional Use Permit 98-037. Motion carried 4-0. Conditional Use Permit 99-004, Design Review 99-003 a request to raise the height of an existing major wireless facility from fifty (50) feet in height to sixty one (61) feet. The project is located at 14451 Myford Road within the Planned Community Industrial (PC-Ind) zoning district. APPLICANT: PACIFIC BELL WIRELESS ATTN: SHAWN O'CONNER PROPERTY OWNERS: PAClFC BELL ATTN: LUIS FRANCO Recommendation That the Planning Commission adopt Resolution No. 3663 approving Conditional Use Permit 99-004 and Design Review 99-003. Minoo Ashabi presented the staff report and noted that Condition 2.3 should be deleted from the resolution because landscaping is not applicable to the project. Vice Chair Kozak asked if the Commission would see another request for a taller monopole due to signal degradation. The Director stated that another request is possible but this monopole is appropriately located and the Wireless Ordinance allows review on a case by case basis and the Commission is not setting a precedent by approving this request. The Public Hearing opened at 9:14 p.m. Darrell Daugherty, applicant, stated that he was available if the Commission had any questions. The Public Hearing closed at 9:15 p.m. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3663 approving Conditional Use Permit 99-004 and Design Review 99-003. Motion carried 4-0. Planning Commission Minutes April 12, 1999 Page 8 REGULAR BUSINESS: Status Report on Desiqn Review 97-026 has been agendized to provide a status report on the construction of Phase II of Congregation B'Nai Israel's religious and educational facility at 2111 Bryan Avenue within the Community Facility zoning of the East Tustin Specific Plan. APPLICANT: CONGREGATION B'NAI ISRAEL PROPERTY OWNER: CONGREGATION B'NAI ISRAEL Recommendation Receive and file staff report. Karen Peterson presented the staff report. Commissioner Davert asked for the density of the plantings Karen Peterson responded that there are eight trees proposed to be planted six feet on center. Doug Wride, 2052 Burnt Mill Road, reminded the Commission of the twenty five foot mistake made by the temple in the past and noted that they have not been maintaining their landscaping. He stated that the residents were not noticed of Phase I and II and he suggested mitigating the homeowners' concerns with additional landscaping and a softer paint color for the wall. Dale Waldo, 2121 Calavera Circle, noted that he is a landscape architect and stated that the landscaping needs to be thought out with consideration for buffering of lighting and noise. Darla Bova stated that the temple has been violating construction hours and does not believe there should be any more construction on the site. Diane Alessandrini, 2092 Burnt Mill Road, asked the Commission and staff to visit her home and see the full impact of the temple and suggested that the landscaping should be more lush. Michael Bova, 2072 Burnt Mill Road, stated that the preschool has not been operating at the approved hours of 8:30 to 3:30 and asked if the City was at fault when the building inspector signed off on the twenty five foot error. Commissioner Davert stated that the Commission is entitled to allow the staff review the question and get back to Mr. Bova with an answer. Scott Nathan, President of B'Nai Israel, stated that the first time these issues came to his attention was at the end of February when he received the letters from Mr. Wride and noted that the temple has tried to resolve the issues with letters, conversation with Mr. Wride and meetings with the City. He further stated that the temple has agreed to plant Italian Cypresses and is more than willing to paint the wall a color that is agreeable with the homeowners association and The Irvine Company. He apologized to the homeowners association for the maintenance of the landscaping and stated the temple's desire to work with the association to address their concerns. Christopher White, 2102 Burnt Mill Road, asked if the Commission has viewed the area and noted that the homeowners association is not asking for anything unreasonable Commissioner Davert stated that he had a conversation with Mr. Wride and visited the site and noted that the impact is greater than the drawings portray. He also noted that the Commission was given a transcript from the hearing on February 23, 1998 and there Planning Commission Minutes April 12, 1999 Page 9 were no objections in the transcript to what was approved at the meeting. He asked staff if the landscaping plan had been approved. Karen Peterson indicated that the landscaping plan was approved today. Commissioner Davert asked if it was appropriate or legal for the Commission to appeal the landscaping plan approval. The Director stated that if the plan were to be brought back for review, the temple would be singled out and staff can work with B'Nai Israel who has stated that they are interested in working out the concerns of the homeowners. She further noted that the landscaping plan is similar to a building permit in that it is not appealable. Lois Bobak stated that approval of the final plan is a ministerial act and only discretionary actions can be appealed. Commissioner Davert asked if there is a legal way for the homeowners to bring the issue back to a public forum. Lois Bobak responded that she did not believe there was a legal way to bring the project back into the public forum legally but the Commission may direct staff to ensure the approved landscape plan is carried out to the letter and periodically send enforcement staff to the site. Commissioner Davert stated that his concern is that the landscaping plan is not going to alleviate the homeowners' concerns and there is a need to have an appellate opportunity. The Director suggested the Commission receive and file the report and stated the temple is willing to do additional planting and work with the homeowners. She further stated that, in the event the homeowners still believe there are violations, staff can bring the matter back before the Commission. Vice Chair Kozak stated it would be in everyone's best interest to have a mutual review process. The Director agreed with Vice Chair Kozak and stated that as long as both sides agree, staff can ensure that a meeting will be scheduled. Commissioner Davert moved, Commissioner Browne seconded, to receive and file the staff report. Motion carried 4-0. 7. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Kawashima seconded, to receive and file the report. Motion carried 4-0. STAFF CONCERNS: 8. Report on Actions taken at the April 5, 1999 City Council Meeting Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. Commissioner Davert moved, Commissioner Browne seconded, to receive and file the subject agenda. Motion carried 4-0. COMMISSION CONCERNS: No Commission Concerns were expressed. Planning Commission Minutes April 12, 1999 Page 10 ADJOURNMENT: Commissioner Davert moved, Commissioner Kawashima seconded, to adjourn the meeting at 10:02 p.m. Motion carried 4-0. The next regular meeting of the Planning Commission will be held on May 10, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Elizabeth A. Binsack Planning Commission Secretary