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HomeMy WebLinkAboutPC Minutes 03-08-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 8, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Browne INVOCATION: Commissioner Kozak ROLL CALL: Chairperson Pontious, Browne, Davert, Kozak Commissioners: Present: Chairperson Pontious Kozak Browne Davert Absent: None Staff: Karen Peterson, Acting Senior Planner Lois Bobak, Deputy City Attorney Justina Willkom, Associate Planner Lori Ludi, Associate Planner Joe Meyers, Senior Management Analyst Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) Jerry Hart, VP, Tustin Meadows Homeowners Association (HOA), asked for the Commission's support and financial assistance to raise the height of their wall to mitigate noise and air pollution. Chairperson Pontious noted that financial assistance is out of the Planning Commission's purview and is a Council issue. Commissioner Browne noted that he received a phone call from Mrs. Jensen of the Tustin Meadows HOA and he conveyed her concerns to Karen Peterson. Commissioner Davert stated that Councilman Potts addressed the HOA's concerns and suggested the residents appear before the City Council at their next meeting. John Higgins, Peppertree HOA, stated his concerns about railroad noise and noted that there may be funding through OCTA, County or the State and he would be happy to work with staff on the issue. Commissioner Browne noted that the whistle of the train is the concern where he resides and asked Mr. Higgins if that was the case for Peppertree. John Higgins noted that it is the train itself, maintenance of the tracks and acceleration and deceleration of coming into new train station. Commissioner Davert encouraged both homeowners groups to forward their concerns to the City Council. Planning Commission Minutes March 8, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the February 22, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Kozak seconded, to approve the February 22, 1999 minutes. Motion carried 4-0. Conditional Use Permit 98-029 a request for authorization of on-site sale of alcoholic beverages (ABC License Type 47) in conjunction with a new restaurant. The project is located at 14131 Red Hill Avenue within the Retail Commercial (C-1, 10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as conditioned. If conditions are modified, staff may alter the recommended action. Commissioner Davert pulled this item for discussion and noted that the applicant may have questions on the conditions and staff provided a revised resolution to the Commission. Lori Ludi noted the revisions included the inclusion of coin operated games in Condition 1.11 and revised Condition 2.10 to be more flexible in evaluating the existing guidelines at a future date and further noted that the language was recommended by the City Attorney's office. Michael Cho, attorney for applicant, thanked the Commission and noted Condition 2.14 was never discussed in the two prior Planning Commission meetings and stated that Alcohol Beverage Control has deleted the designation of eighty (80) percent of the premises requirement. Lori Ludi noted that staff used this type of language for restaurants with this type of licensing to ensure that operations are strictly a restaurant and nothing more. Chairperson Pontious stated the condition is reasonable. Michael Cho stated that the issue was not addressed in prior meetings and ABC is not going to include this condition and asked that it be deleted. Lori Ludi stated that the language is an expansion of an existing condition. Commissioner Browne noted that utensils, table service and condiment dispensers are easily provided. Michael Cho, attorney for applicant, withdrew the request to delete Condition 2.1.4 and stated his understanding of Condition 2.4 was the doors will close but patrons inside the restaurant may remain to complete their meal or dining experience. He further noted that Bill Wong of Alcohol Beverage Control stated that they would interpret the City's condition regarding closing hours to mean that all sales, service and consumption shall cease at the hours outlined. ABC has proposed conditions that all sales, service and consumption shall cease at midnight Sunday through Thursday and 1:00 a.m. Friday and Saturday. Planning Commission Minutes March 8, 1999 Page 3 Commissioner Browne asked staff if language could be created to ensure that the ABC understands the Commission's interpretation of the condition. Lois Bobak stated that would create an enforcement problem for the Police Department and believes the applicant's attorney has a good point in that closed should mean all patrons are out of the premises but she does not know how the City regularly enforces this provision in regards to other restaurants. Chairperson Pontious referenced the closing hours of other restaurants in the vicinity. Commissioner Kozak reminded everyone of the sensitive uses in the area and asked if staff had seen conditions from the ABC and inquired if the ABC would be guided by the City's use permit. Lori Ludi responded that the ABC board has seen the City's draft resolution and staff has seen the ABC's draft conditions. She further noted that ABC will not final their conditions until after the Planning Commission's approval. Commissioner Kozak clarified to the applicant that the ABC has not yet ruled on the hours. Michael Cho indicated that although the Commission will allow the applicant to stay open for an additional hour to allow customers to finish their meals, the ABC states that at the closing hour, there should be no further service. Chairperson Pontious noted the Lone Star Steakhouse is also in a sensitive area and was given the closing hours of 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday and proposed that the hours be changed to 1:00 a.m. on Friday and Saturday. Commissioner Davert stated that he was satisfied with the original hours and noted that the Commission has negotiated extensively with the applicant. Michael Cho, attorney for applicant, asked that language be included in the resolution stating that the City's definition of being closed is not ceasing of sales, service and consumption but rather no new customers and can continue to operate until customers are finished. Commissioner Davert inquired if the hours could remain the same as proposed but give the applicant a maximum of 30 minutes. Lois Bobak, Deputy City Attorney, responded that from an enforcement standpoint, it is easier to have a time period when the restaurant is closed and all patrons are expected to be out. Commissioner Browne inquired if the Commission could have the CUP indicate one time and tell the ABC it is another time. Lois Bobak, Deputy City Attorney, indicated that the ABC would accept and enforce any condition that the City imposed. Commissioner Davert indicated that the Commission has gone to great lengths to accommodate the applicant without compromising the neighborhood and the applicant can come back with a request for a modification if there is a problem in the future. Michael Cho, attorney for applicant, asked that the record show the Commission's definition of closing because the ABC condition is going to be applied differently. Lois Bobak, Deputy City Attorney, stated she believed that the Commission is adopting ABC's definition of closed, meaning doors are closed with no patrons on the premises. Planning Commission Minutes March 8, 1999 Page 4 Larry Smith, applicant, stated that, at the prior Commission meeting, he understood that patrons would be allowed to finish their meal which is not indicated in the resolution. Commissioner Pontious indicated that she believed ABC's emphasis was on actual consumption of alcohol. Karen Peterson indicated that Bill Wong of ABC stated that while the ABC does apply these conditions, there is some flexibility in their enforcement and they recognize some time is needed to close and finish serving patrons. Larry Smith, applicant, stated that if ABC conditions state that closing is 11:00 p.m. and there are drinks on the table, he will be cited. Commissioner Davert indicated that the hours should remain the same with the intent that there will be no new patrons after closing time. Lois Bobak indicated that it is important to put an outside limit on the hours and suggested that the Commission add a condition that requires the doors be closed Y2 hour or 45 minutes before the closing time or add a ½ hour onto the closing time after the doors are closed. Commissioner Davert recommended that the Commission put a deadline of 30 minutes after the closing hours. Commissioner Kozak suggested language for Condition 2.4 indicating no patrons on the premises 30 minutes after the closing time. Resolution No. 3655 was changed as follows: Condition 2.4 addition of sentence to read: "No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time." Commissioner Davert moved, Commissioner Kozak seconded, to adopt Resolution No. 3655 approving Conditional Use Permit 98-029, as revised. Motion carried 4-0. PUBLIC HEARINGS: a Above Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:31 p.m. Justina Willkom presented the subject report and described five changes made to the resolution. Commissioner Kozak stated that the guidelines are a great idea and voiced his concerns regarding property owner notification; new boxes in residential communities; graffiti cleanup; allowable heights of cabinets; and, use of a master plan. Planning Commission Minutes March 8, 1999 Page 5 Karen Peterson responded that staffs intent was to create guidelines to guide staff through any future master plans that might come forward. There are no master plans in house for review at this time. Chairperson Pontious asked if the master plans would come through the Commission at any time or just through the administrator. Karen Peterson replied that master plans would be processed through the Community Development Director through the design review process. She continued to address Commissioner Kozak's comments as follows: the guidelines are intended to apply to new cabinets only; staff can look at establishing different heights for different areas to be more sensitive to residential properties; staff can add a condition regarding graffiti removal and enforcement costs; and notices to adjacent homeowners could be a courtesy notice. Commissioner Kozak stated that if these facilities are allowed in the public right-of-way, at minimum, the property owner should have the opportunity for input. Reed Royalty, Pacific Bell consultant, asked the following questions: · Would the guidelines apply to the phone company? · Would the guidelines apply to the cabinet if less than the 3'x3'x5' standard? · Would the size restriction apply to the volume of the cabinet or the individual dimensions? · Would the twenty (20) percent variation apply to each dimension of the cabinet? · Are there any fees involved? · Would the guidelines apply only to cabinets in the public right-of-way or also to cabinets on private property? He further noted that painting the cabinets would void the warranty and noted that the lightspan cabinets used by the phone company are slightly larger than the maximum but save lots of little boxes and trenching through streets. Chairperson Pontious stated that perhaps testimony should be received and staff can respond and clarify issues. Commissioner Kozak inquired if the guidelines were an urgency matter. Karen Peterson replied that the guidelines are not an urgency matter. Mark Stucky, Cox Communications, noted that the guidelines seem to apply to cabinets larger than 3x3x5 while the resolution seems to set a maximum size of 3x3x5 but does not address how installations are treated below that size and requested a continuance and workshop. Klm Barone, Southern California Edison, reiterated Cox's and Pacific Bell's comments and asked if the guidelines apply to utilities that are regulated by Public Utilities Commission (PUC) and supports the idea of a workshop. Chairperson Pontious stated that having some technical input at the workshop would be helpful and asked if there are any legal issues on the exclusion or inclusion of utilities under the PUC. Lois Bobak, Deputy City Attorney, stated she is not aware of any legal issues on the exclusion or inclusion of utilities under the PUC but stated that she would be happy to look at any information the utilities can provide the City Attorney's office related to their belief of being exempt from design criteria for facilities located within a public right-of-way. Commissioner Davert stated his concern that the PUC may regulate cabinet size, appearance, dimensions, etc. Planning Commission Minutes March 8, 1999 Page 6 Commissioner Kozak stated that perhaps the providers could bring forth information related to their experience with other communities. John Higgins, Peppertree Homeowners Association, stated his concerns about Cox Communications installing boxes without permits in his front yard; suggested that the terms be decreased to one year for review; design review process should include the association; adjacent property owner's input; and, liability issues. Commissioner Davert stated that he did not wish to have a public hearing for every cabinet to be installed. Chairperson Pontious stated that she would like to see the design guidelines apply to all sizes and volume as opposed to 3x3x5. Commissioner Davert stated that the guidelines presented tonight are a good starting point and more dialogue and technical information would be helpful. Chairperson Pontious asked staff to meet with the people speaking at the meeting tonight. Commissioner Davert noted that the City Attorney recommended that the Commission have input too and suggested staff be given time to work with the issue and come back with a proposal. Commissioner Browne moved, Commissioner Davert seconded, to continue the hearing to a date uncertain to allow staff the opportunity to meet with interested utilities. Motion carried 4-0. REGULAR BUSINESS: STAFF CONCERNS: 4. Report on Actions taken at the March 1, 1999 City Council Meeting Karen Peterson, Acting Senior Planner reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that a tent has been up for months in the driveway at 17531 Amaganset and asked code enforcement staff to investigate. Commissioner Kozak - Noted that the fence is broken around the trash enclosure at Marcella's Pawn Shop in the El Camino Plaza and building materials are being stored there. - Noted that the trash bin at The Barn restaurant is overflowing and is unsightly. Noted that banners on a fence and a semi-truck can be seen from the freeway at Tustin Avenue. Thanked staff for bringing the Cabinet Design Guidelines forward. Planning Commission Minutes March 8, 1999 Page 7 Chairperson Pontious Asked staff about a status update from the Redevelopment Agency. Karen Peterson noted that she will check into the Commission's request. ADJOURNMENT: Commissioner Davert moved, Commissioner Kozak seconded, to adjourn the meeting at 8:08 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on March 22, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Leslie A. Pontio(Js Chairperson Elizabeth A. Binsack Planning Commission Secretary