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HomeMy WebLinkAboutPC Minutes 03-22-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 22, 1999 'k*'k'k'k CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious INVOCATION: Commissioner Davert ROLL CALL: Chairperson Pontious, Browne, Davert, Kozak Commissioners: Present: Chairperson Pontious Browne Davert Absent: Kozak Staff: Elizabeth A. Binsack, Director of Community Development Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Scott Reekstin, Associate Planner Lod Ludi, Associate Planner Doug Anderson, Senior Project Manager Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) Doug Wride, Monterey Homeowners Association, stated residents' concerns with the development at Temple B'nai Israel. Lois Bobak, Deputy City Attorney, stated that the issue should be agendized for discussion at the Planning Commission's next meeting but noted that if Temple B'nai Israel is complying with all the conditions of approval, staff cannot revoke their permits. CONSENT CALENDAR: 1. Minutes of the March 8, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Browne seconded, to approve the Consent Calendar. Motion carried 3-0. Seating of Commissioner Kawashima New Commissioner Tony Kawashima was sworn in and seated on the Commission. PUBLIC HEARINGS: 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); Town Center Redevelopment Project Area zoning district. APPLICANT: EZ LUBE MICHAEL J. DOBSON Planning Commission Minutes March 22, 1999 Page 2 PROPERTY OWNER: KC/OB PARTNERS, LLC TIM O'BRIEN Recommendation That the Planning Commission review the revised plans for Conditional Use Permit 98-007 and Design Review 98-007 and direct staff to draft a resolution of recommendation to the City Council. The Public Hearing opened at 7:05 p.m. Lori Ludi, Associate Planner presented the subject report. Commissioner Davert asked if the proposed curb cuts are the same as what is existing and noted that it is virtually impossible to build a drive-thru service bay that is completely invisible from the street and also asked how much stacking room there would be for cars. Lori Ludi responded affirmatively on the curb cuts and noted that the space provided is now curved and would allow 2 or 3 cars to stack. Commissioner Davert asked what would happen after the Newport Avenue improvements are completed. Lori Ludi responded that ten feet of the landscaped area would be removed which would leave approximately ten feet of landscaped area. Chairperson Pontious suggested reversing the direction to allow more stacking. Lori Ludi responded that if the direction were reversed, the main entrance would be from Old Irvine Boulevard and staff was trying to avoid left turns onto Old Irvine Boulevard. Doug Anderson noted that the current configuration works best for street circulation. Commissioner Kawashima asked if all options had been considered to screen the bays. The Director responded that, given the configuration of the lot, the current layout is the best alternative and noted that if the Commission is considering a recommendation of approval, staff has talked with the applicant and they are amenable to closing the curb cuts in the future for a reciprocal development agreement. Lori Ludi noted that the Commission may impose a condition to tint the windows of the service bays. Commissioner Browne asked why the adjacent property owner was not willing to enter into a reciprocal access agreement. Commissioner Davert asked Doug Anderson if he had concerns about Saturday morning business stacking into Newport Avenue traffic lanes. Doug Anderson responded that Engineering has no concerns at this time but did with the previous bay configuration. Commissioner Davert asked staff if the project could be conditioned to prohibit blocking traffic. The Director responded affirmatively and noted that if there were a violation, the use permit could be revoked or a civil penalty levied. Chairperson Pontious suggested signage be added at the entrance. Planning Commission Minutes March 22, 1999 Page 3 Mike Dobson, applicant, thanked staff for their hard work and noted that the project is greatly improved from the original proposal. Commissioner Davert asked the applicant if he would have a problem with a condition regarding stacking. Mike Dobson, applicant, responded that he had no problem with such a condition or a penalty. Commissioner Kawashima asked if the entryway on Newport Avenue would be sealed up if redevelopment were to occur on the adjacent property. Mike Dobson, applicant, stated that the Commission can condition his project to open a cross access between the centers if redevelopment were to occur and indicated on the plan the two driveways that would be closed. The Public Hearing closed at 7:28 p.m. Commissioner Davert noted that he has been one of the harshest critics on this project in the past primarily due to the use but all of his concerns have now been addressed. Commissioner Browne stated his support for the project. Chairperson Pontious stated that the applicant's suggestion of a trellis might be a nice addition to the project. Commissioner Kawashima stated his concern with visibility and asked for the height of the bays. Mike Dobson, applicant, replied that the bays are approximately eighteen to twenty feet high. Chairperson Pontious stated her agreement with Commissioner Davert's comments regarding the use but the project is better than the original submittal. Commissioner Davert noted that he is comfortable that this project will not interfere with possible redevelopment at Old Irvine Boulevard. Commissioner Davert moved, Commissioner Browne seconded, to continue the item to the April 12, 1999 meeting to allow staff the opportunity to draft a resolution recommending approval to the City Council. Motion carried 4-0. Conditional Use Permit 98-022 and Desiqn Review 98-026 a request to establish a commercial parking lot in a 50' by 314' portion of an abandoned railroad right-of-way located on the 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 Adopt resolution 3662 approving Design Review 98-026. The Public Hearing opened at 7:34 p.m. Conditional Use Permit 98-022 and Planning Commission Minutes March 22, 1999 Page 4 The Director recommended that the Planning Commission continue the public hearing to the April 12, 1999 meeting. Although staff followed the legal requirements for posting, the site was not posted. Chairperson Pontious stated that anyone who will be unable to come to the April 12L~' meeting should come forward to speak to the Commission this evening. Tom McCauley, 13591 Saigon Lane, noted that there was an agreement with the previous owner to place a gate in the wall to allow the trail to continue and asked the new owner to also consider placing a gate in the wall. The Public Hearing closed at 7:40 p.m. Commissioner Davert stated that he would like to see the situation worked out prior to the next meeting. Commissioner Davert moved, Commissioner Browne seconded, to continue the hearing to the April 12, '1999 meeting to allow staff to post the hearing notice on the property. Motion carried 4-0. The Commission recessed for five minutes. The Commission reconvened at 7:45 p.m. Conditional Use Permit 99-003 a request to authorize the presentation of live entertainment in conjunction with an existing cocktail lounge. The project is located at 672 El Camino Real within the C-2, P (Central Commercial District, Parking Oveday District) zoning district. APPLICANT: MR. CRAIG WASSERMAN NUNYA ENTERPRISES, LLC PROPERTY OWNER: WILLIAM ZAPPAS El CAMINO PLAZA Recommendation That the Planning Commission adopt Resolution No. 3659 approving Conditional Use Permit 99-003. The Public Hearing opened at 7:45 p.m. Scott Reekstin, Associate Planner, presented the subject report. Commissioner Kawashima inquired about the interpretation of Condition 2.1 regarding sexually oriented business and asked if the applicant would be able to have live entertainment starting at 6:01 a.m. per Condition 2.9. Lois Bobak, Deputy City Attorney, responded that the City uses a sexually oriented business ordinance to determine if the business falls within that definition and the applicant would need to comply with the City's noise ordinance regardless of hours for live entertainment. Commissioner Davert asked for confirmation from staff that the Commission is approving a conditional use permit only and not an entertainment permit. The Director affirmed and stated that the Director of Community Development considers an independent live entertainment permit and processes a background check through the Police Department and further noted that the permit could be revoked more quickly than the conditional use permit. Planning Commission Minutes March 22, 1999 Page 5 Commissioner Browne asked how close the nearest residence is to the establishment, if staff had received any calls from residents and if there was a history of police call- outs. Scott Reekstin responded that the nearest residence is about 600 feet away on Sixth Street, staff received one call but was unsuccessful in returning the call and the application was reviewed by the Police Department who expressed no concerns about the request. Craig Wasserman, applicant, thanked staff for their work on the project and stated that the permit should be grandfathered from the previous owner and wished to retain the two pool tables. Commissioner Kawashima showed photographs to the Commission that he took at the applicant's establishment and asked the applicant to confirm the location where the bands would perform. The Public Hearing closed at 7:59 p.m. Commissioner Davert stated that he would be in favor of approval with the conditions in Option #2. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3659, revised as follows: Condition 2.3: "A maximum of two pool/billiard tables shall be permitted on the premises. Based on the City's Guidelines for Alcoholic Beverage Sales Establishments, pool/billiard tables are not permitted and as such, the two existing pool/billiard tables in the subject establishment are considered nonconforming." Condition 2.4: "A maximum of three coin operated video games shall be located on the premises. Based on the City's Guidelines for alcoholic beverage sales establishments, coin operated video games are not permitted and as such, the existing coin operated video games in the subject establishment are considered nonconforming." Delete Condition 3.2 Condition 2.6: "Based on the City's existing distance criteria for alcoholic beverage sales establishments and the use of the premises, the premises shall not be expanded beyond the existing size of approximately 1,650 square feet." Motion carried 4-0. REGULAR BUSINESS: Design Review 98-031 a request to construct two new 6,000 square foot multi- tenant commercial buildings. The project is located at 2530 & 2560 Bryan Avenue within the Tustin Market Place Annex (Pads B & C) and the Mixed Use Land Use Designation and East Tustin Specific Plan. APPLICANT: FRANK P. BENNETT BENEVEST DEVELOPMENT GROUP PROPERTY OWNER: JOHN HILE IRVINE INVESTMENT PROPERTIES Planning Commission Minutes March 22,1999 Page 6 Recommendation Adopt Resolution No. 3660 approving the environmental determination for the project. 2. Adopt Resolution No. 3661 approving Design Review 98-031. Lori Ludi presented the subject report. The Director indicated that prior to the meeting, Commissioner Davert requested the number of parking places that would be provided and was given incorrect information. Seven spaces will be removed but there will be an approximate net increase of fifty five spaces between the two buildings. Commissioner Kawashima noted that he is a Tustin Ranch resident but lives beyond the two hundred fifty foot boundary and does not believe the project would affect his property value. Lois Bobak, Deputy City Attorney, noted that construction of these pads had already been considered as part of the master plan for the site and the Commission is primarily reviewing the design of the buildings. Chairperson Pontious asked if there had been any problems with weekend parking at the Costco/K-Mart center. The Director indicated that there would be fifty five additional spaces added and staff has not received complaints about the center but noted that there were concerns when the auto center was storing vehicles there in the past. Commissioner Browne asked Doug Anderson if there would be an impact turning left onto Bryan Avenue. Doug Anderson responded that there was a traffic study done in the area and there are sufficient peak hour trips to accommodate the proposed development. Commissioner Kawashima noted his concerns with the vehicles generated by the proposed nail salon tenant. Doug Anderson indicated that staff uses a standard that was approved for the entire East Tustin Specific Plan area which has been effective. Commissioner Davert stated that he is pleased to see the pads are being developed. Commissioner Davert moved, Commissioner Kawashima seconded, to adopt Resolution No. 3660 approving the environmental determination for the project. Motion carried 4-0. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3661 approving Design Review 98-031. Motion carried 4-0. STAFF CONCERNS: 6. Report on Actions taken at the March 15, 1999 City Council Meeting Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. Commissioner Davert moved, Commissioner Kawashima seconded, to receive and file the subject report. Motion carried 4-0. Planning Commission Minutes March 22, 1999 Page 7 COMMISSION CONCERNS: Commissioner Davert Welcomed new Commissioner Kawashima to the Commission. Inquired about the status of the Tustin Meadows wall issue. The Director responded that a letter was received from the homeowners association and staff will be contacting the association directly. Staff will keep the Commission apprised of the status. Asked Doug Anderson if staff could write a letter to the County asking them to consider temporarily restriping Red Hill Avenue at Irvine Boulevard to ease traffic congestion. Doug Anderson responded that staff would write a letter to the County. - Noted that the tent was still in place at 17531 Amaganset. The Director responded that code enforcement staff was in contact with the property owner. Commissioner Kawashima Thanked staff for all their assistance in preparing him for the meeting. ADJOURNMENT: Commissioner Browne moved, Commissioner Davert seconded, to adjourn the meeting at 8:24 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on April 12, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. .L~sLr~ PONTIOUS Chairpc~"'0n ELIZABETH A. BINSACK Planning Commission Secretary