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HomeMy WebLinkAboutPC Minutes 02-22-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 22, 1999 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jones INVOCATION: Commissioner Davert ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: Present: Chairperson Pontious Kozak Browne Davert Jones Absent: None Staff: Elizabeth A. Binsack, Director Omar Sandoval, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Justina Willkom, Associate Planner Lori Ludi, Associate Planner Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the February 8, 1999 Planninq Commission Meeting. Commissioner Davert moved, Commissioner Browne seconded, to approve the Consent Calendar. Motion carried 4-0. Chairperson Pontious abstained. Planning Commission Minutes February 22, 1999 Page 2 PUBLIC HEARINGS: Conditional Use Permit 98-007 and Design Review 98-007 a request to construct a 1,472 square foot drive-through oil change facility with three work bays and indoor/outdoor waiting areas. The project is located at 12972 Newport Avenue within the Retail Commercial District (C-1) zoning district. APPLICANT: EZ Lube Michael J. Dobson PROPERTY OWNER: KC/OB Partners, LLC Tim O'Brien Recommendation That the Planning Commission continue the public hearing for this project until March 22, 1999. The Public Hearing opened at 7:03 p.m. The Director indicated that staff is working with the applicant to review their revised site plan and traffic analysis and asked the Commission to continue the hearing to the March 22, 1999 meeting. The Public Hearing closed at 7:03 p.m. Commissioner Davert moved, Commissioner Jones seconded, to continue the hearing to the March 22, 1999 Planning Commission meeting. Motion carried 5-0. 3. General Plan Amendment 99-001 and Zone Change 99-001 a request to amend the General Plan Land Use Designation for an 8,923 square foot abandoned Caltrans parcel from Transportation to High Density Residential and amend the zoning district from Unclassified (U) to Planned Development (PD). The project is located at 15500 Tustin Village Way within the Unclassified (U) zoning district. APPLICANT/ PROPERTY OWNER: MR. ELMER TIEDJE TUSTIN VILLAGE WAY COMMUNITY ASSOCIATION Recommendation That the Planning Commission adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99-001; and, That the Planning Commission adopt Resolution No. 3654 recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. The Public Hearing opened at 7:05 p.m. Bradley Evanson presented the subject report. Commissioner Davert inquired if there was any indication that the property owner proposed additional development in the future. Bradley Evanson stated that the conceptual site plan shows only on-street parking and landscaping and they have no intention of proposing any units. Planning Commission Minutes February 22, 1999 Page 3 Commissioner Jones asked if there would be any structures associated with the parking proposed. Bradley Evanson responded that structures were not identified in the submitted conceptual plan. Commissioner Davert noted the high density in this neighborhood and did not wish to allow additional development. The Director noted that if the property owner were to request additional units and could support the units by providing appropriate setbacks and parking spaces; the City may be obliged to approve the request. The Director noted the likelihood of that occurring on this site is minimal. Commissioner Jones noted that the current density is significantly below what could be constructed. The Director confirmed Commissioner Jones' statement. Chairperson Pontious noted that the parcel did not have street frontage making it difficult to use for more than landscaping. Bradley Evanson confirmed that the parcel does not have street frontage. The parcel is behind an adjacent mobilehome park and is an oddly shaped parcel due to Caltrans reconfiguration. Commissioner Jones noted that the access road could be realigned. Chairperson Pontious noted her concern that the area could become a gathering area without proper lighting and visual access. The Director noted that all development applications are routed to the Police Department for their review to ensure that there are no indefensible areas and the City's codes require one foot candle security lighting. Elmer Tiedje, applicant, stated that the request is only for landscaping a play area and no parking is intended on the parcel. The Public Hearing closed at 7:10 p.m. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3653 recommending that the City Council certify as adequate the Negative Declaration for General Plan Amendment 99-001 and Zone Change 99- 001. Motion carried 5-0. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3654 recommending that the City Council approve General Plan Amendment 99-001 and Zone Change 99-001. Motion carried 5-0. Conditional Use Permit 98-031 a request for the on-site sale of beer and wine (ABC License Type "41") for on-site consumption in conjunction with a new restaurant. The project is located at 658 El Camino Real within the C-2, P Central Commercial District, Parking Overlay District. APPLICANT: AKIRA TAKASHIO HONDAYA CORPORATION PROPERTY OWNER: WILLIAM ZAPPAS EL CAMINO PLAZA Planning Commission Minutes February 22, 1999 Page 4 Recommendation That the Planning Commission Conditional Use Permit 98-031. adopt Resolution No. 3658 approving The Public Hearing opened at 7:11 p.m. Justina Willkom presented the subject report. Commissioner Davert asked if this is a relocating business or a new business. Justina Willkom replied that this is a new business and the applicant currently has the Honda Ya restaurant at the Jamestown Plaza. The Public Hearing closed at 7:12 p.m. Commissioner Jones moved, Commissioner Kozak seconded, to adopt Resolution No. 3658 approving Conditional Use Permit 98-031. Motion carried 5- Conditional Use Permit 98-029 a request for the 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. The Public Hearing opened at 7:13 p.m. Lori Ludi presented the subject report. The Director noted for the record that the applicant submitted a menu, petition and photos for the Commission's review. Michael Cho, attorney for applicant, noted that they met with City staff and they have agreed to disagree with staff. He indicated that the conditions were burdensome to the applicant, specifically conditions 1.4, 1.8, 2.1, 2.3, 2.7, 2.10, 2.1.3, 2.1.4 related to operating hours, seating at the bars, allowing patrons to take partially-consumed wine home, accounting for audited statements, food being offered during all business hours, allowing pool tables and video games and closure of dining rooms when not needed. Commissioner Jones asked staff if a type 47 license allows recorked bottles to be carried out. The Director responded that Lod Ludi spoke to the Department of Alcoholic Beverage Control (ABC) who indicated that a type 47 license does not allow recorked bottles to be carried out. Omar Sandoval, Deputy City Attorney, stated that he is not familiar with the business and professions code but the City has the ability to regulate off-site consumption regardless of ABC regulations. Planning Commission Minutes February 22, 1999 Page 5 Michael Cho, attorney for applicant, stated that he believed the ABC code states a recorked bottle is considered closed. The Director stated that staff would research the issue if the Planning Commission wishes to allow the carryout of recorked bottles. Commissioner Jones asked staff the rationale for not allowing bar seating. The Director responded that staffs concerns relate to the two functions of the establishment as that of a bar and a restaurant. As a bar or lounge, the establishment would not be permitted at this location and, based on the operational characteristics, will become a full-fledged bar. City staff has Planning Commission guidelines which identify what should be allowed and not allowed in restaurants with on-site consumption of alcoholic beverages. She further stated that she believed that, at that time, the Planning Commission did not wish restaurants to be converted into bars. Staff does not feel strongly about the condition and if the Planning Commission wished to allow bar seating, they should direct staff to modify the guidelines. Commissioner Jones asked if the Lone Star Steakhouse was considered a separate bar. The Director responded that the bar is considered an ancillary use to the full-fledged restaurant. Commissioner Jones noted that the applicant's concern with Condition 2.4 is unfounded because it does not disallow the closure of the upper dining level. Commissioner Kozak noted that the conditions of approval are consistent with the guidelines and compared the conditions to those in Item 94, Conditional Use Permit 98- 031. He inquired if site improvements could be conditioned for the trash enclosure and landscaping. Chairperson Pontious stated that there are negative constraints imposed by the configuration of the building and will make it hard to use the site. Commissioner Davert noted that the site has been vacant for a long time and the City is looking forward to someone investing in the site with the establishment of a quality project. He further stated that this area is very sensitive and is borderline blighted. He noted that he concurs with the applicant on Condition 1.4 and does not have a problem with patrons being able to take home partially-consumed bottles of wine. Commissioner Kozak noted that he wished to see enforcement and ABC guidelines referenced in Condition 1.4. The Director stated that the Planning Commission always has the ability to revoke the permit. Commissioner Browne noted his approval of the changed condition subject to obtaining ABC clarification. Condition 1.8. Commissioner Davert stated that he understands the applicant's desire to be able to discount or give away food but the sales figures and the financial statements need to be audited. Commissioner Kozak suggested minor modifications in the language of Condition 1.8 to read "audited financial statements and schedules" and noted there are generally accepted accounting principles to allow separation of the revenues. The Director stated that if the establishment is truly a restaurant, food sales should be higher than alcoholic beverage sales. Planning Commission Minutes February 22, 1999 Page 6 Commissioner Jones noted that the calculation should be receipt based. The Commission supported Condition 1.8 with Commissioner Kozak's additional language. Condition 2.3 Commissioner Davert stated that food needs to be available during the hours the restaurant is open. Chairperson Pontious noted that there could be a supplemental menu for later hours. Michael Cho, attorney for applicant, noted that the applicant could work with the provision of a reduced evening menu. Commissioner Jones noted that the words "full" could be deleted from Condition 2.3. Chairperson Pontious suggested that "one hour prior to closing" be deleted. Commissioner Browne asked for clarification on table service opposed to bar service. Commissioner Davert asked if the applicant intended to have wait staff serve the food at all hours. Michael Cho, attorney for applicant, responded that wait staff would be serving food at all hours. Condition 2.4 Commissioner Davert stated he is not comfortable having the restaurant open until 2:00 a.m. and agrees with staff. Commissioner Jones and Commissioner Kozak concurred with Commissioner Davert's concerns. Larry Smith, applicant, stated his concern about throwing patrons out at closing and asked for a compromise by closing at midnight on weekdays and 1:00 a.m. on weekends. Commissioner Browne stated he understands the applicant's concern but believes the closing time means no new patrons entering. Michael Cho, attorney for applicant, stated an absolute time limit would be easier. The Planning Commission took a five minute recess at 8:10 p.m. The Planning Commission reconvened at 8:15 p.m. Commissioner Davert stated that his interpretation of closed is no new patrons should be admitted after that hour. Commissioner Kozak stated that the hours recommended by staff are reasonable given the location. Commissioner Jones stated that he supports the hours that staff has recommended. Commissioner Davert asked if the applicant had the option to return to the Commission and request a modification to the hours. The Director responded that the applicant can request a modification to the hours at a later time. Planning Commission Minutes February 22, 1999 Page 7 Larry Smith, applicant, stated that he would prefer to operate with the proposed later closing hours. The Director recommended the language remain the same for condition 2.4. Condition 2.7 Commissioner Davert noted that late night parking does not appear to be a problem in the center and does not understand Mr. Cho's request. Michael Cho, attorney for applicant, stated he does not know what the available seating capacity is for the restaurant but requests the maximum seating be allowed. Chairperson Pontious stated that she believed the center is over-parked. The Director stated that the center does have additional parking and the condition states exactly what Mr. Cho is requesting. Michael Cho, attorney for applicant, stated he believed the condition limits the restaurant to 150 seats unless they submit a parking study and noted that a parking study was provided. Commissioner Davert inquired about the number of seats the applicant is proposing. Michael Cho, attorney for applicant, stated that 210 spaces would be available subject to the occupancy. The Director stated that staff does not have concerns with 210 spaces but cannot make a determination at this point based on the information submitted. Larry Smith, applicant, stated he did submit a parking summary. Lori Ludi stated that the parking summary the applicant submitted reflects a request for 150 seats. Commissioner Davert asked from where the additional 20 spaces are derived. The Director responded that the additional spaces could be accommodated within the facility as long as the demand does not change with respect to the parking and the actual occupancy of the building can support additional occupancy. This determination can be made at a staff level. The condition, as it is written, gives flexibility for that to occur. Condition 2.10 Commissioner Davert stated that video games and pool tables can be fun and cater to a professional crowd and he does not have a problem with these two items. Commissioner Jones asked where the video games and pool tables would be located in the restaurant. Michael Cho, attorney for applicant, responded they would be located in the main floor dining room on the main level. Commissioner Davert asked for the seating capacity in that room. The Director responded that 48 seats are identified on the plans and noted that the Commission should be mindful that the intended use of the facility is a restaurant; two pool tables and five video games in an area that is approximately 750 square feet would constitute a primary use of the area for gaming rather than a restaurant use. Michael Cho, attorney for applicant, noted that the percentage drops when the square footage is calculated for the upstairs dining room and the lower dining room. Planning Commission Minutes February 22, 1999 Page 8 Larry Smith, applicant, noted that the room referred to as the main dining room is technically not the main dining room and further noted that the total restaurant dining area is broken up into three areas that are comparable in size. The Director reminded the Commission that pool tables and video games are not allowed in the guidelines so the Commission would be establishing a precedent. Commissioner Davert stated he understands the guidelines and the need for consistency but noted that there are new trends in restaurants. The Director noted that if the Commission wished to allow pool tables and video games, they should direct staff to modify the guidelines and to recognize that the option would be available to other interested establishments. Commissioner Davert stated he did not wish to make this available to everyone in town. The Director noted that the Commission has the ability to condition any project that appears before the Commission. Michael Cho, attorney for applicant, noted that Dave and Busters is one of the fastest growing restaurant companies in the United States and theme restaurants are the rage. Commissioner Davert asked if a condition could be included for revocation if the establishment receives too many police calls. The Director stated that equal protection issues must be considered when laws are written and noted that staff can modifl7 the portion of the resolution that pertains to off-site and on-site consumption of alcoholic beverages. Commissioner Kozak noted that perhaps a standard could be used relative to the size of the facility or location. Michael Cho, attorney for applicant, noted that games make up over fifty percent of the facility in a Dave and Busters facility. Chairperson Pontious compared this issue to neon signage which was prohibited at one time and now is considered trendy and upscale. Commissioner Jones stated that the Commission should realize that this is a changing trend but the issue should be researched by staff. The Director stated that the prohibition should be left in and staff can return with guidelines for the Commission's consideration. Commissioner Davert stated he understands the applicant wishes to open his restaurant with everything in place and asked if the use could be allowed temporarily. The Director stated that the Commission can condition the applicant to comply with any future guidelines that are adopted. Chairperson Pontious asked the applicant for their expected opening date. Michael Cho, attorney for applicant, indicated that the applicant is ready to open immediately and would be inclined to accept any conditions subject to any changes that the City may provide through future guidelines and waive any claims against the City for removal and cost. The Director noted that the Planning Commission can approve temporary use permits for up to six months and staff may need to notice the temporary use permit as a separate hearing. Planning Commission Minutes February 22, 1999 Page 9 Condition 2.13 Commissioner Jones noted that there are barstools at the Lone Star restaurant. The Director noted the bar is considered an ancillary use to the restaurant. Commissioner Davert noted that he does not drink at all but eats his lunch twice a week on a barstool at a bar in a very nice restaurant. Chairperson Pontious noted the bar seating could be included along with the pool tables to be conditioned on a six-month pedod based on a revision of the guidelines. Commissioner Kozak asked if the twelve seats could be specified and also four for the oyster bar. Condition 2.14 Commissioner Davert stated he believed the intent is that food would be available in all open portions of the restaurant at any given time. Chairperson Pontious asked if the condition could be rewritten to be less ambiguous The Director indicated that the intent of the condition was that any and all areas would exclusively operate as a restaurant and suggested that "all times" be deleted from the condition. Commissioner Browne inquired if this precludes the applicant from using the facility for wedding receptions. The Director indicated that the applicant could allow anything that did not exceed the occupancy limit. Michael Cho, attomey for applicant, noted his concern about New Year's Eve falling on a weekday. Commissioner Davert indicated he believed there is a way to accommodate a one-time event. The Director stated individuals can have four special events per year and permits need to be in place before the event occurs. The Director indicated that the City Attorney suggested that the City require some sort of security for the oversight time required by staff. Commissioner Kozak suggested the condition be worded to indicate the security would be in a form acceptable to the City Attorney. Michael Cho, attorney for applicant, stated he has never seen a condition requiring a bond relative to enforcement costs. Omar Sandoval, Deputy City Attorney stated that the City would include the amount and performance bonds are commonly issued to permittees. Commissioner Jones asked if there was consensus related to the exterior of the building. The Director stated that it can be conditioned if the Commission can make a finding that the proposed use is creating a burden and necessitates the trash enclosure. Commissioner Kozak stated that his intent was to improve the aesthetic appearance of the building. Planning Commission Minutes February 22, 1999 Page 10 Commissioner Jones stated that it may just be a matter of bringing the cracked planters up to a current state of repair. The Director stated that the Commission should get concurrence from the applicant Michael Cho, attorney for applicant, stated the applicant would have no problem with landscaping the current areas within the planters and repairing damaged planters. Commissioner Kozak stated his hope that improvements to this site would encourage improvements throughout the center. The Director stated that staff can prepare a resolution to be included on the Consent Calendar for the next meeting. Commissioner Kozak stated that he wished to see conditions 2.10 and 2.12 from Resolution No. 3658 placed into this resolution also. The Public Hearing closed at 9:00 p.m. Commissioner Davert stated his gratitude to staff and the applicant for their time spent on this project and noted the City has looked for years for an appropriate use for this facility and will support the applicant to make the business successful. Commissioner Jones moved, Commissioner Kozak seconded, to continue the item to the March 8, '1999 Planning Commission meeting to allow staff to prepare a revised resolution of approval. Motion carried 5-0. REGULAR BUSINESS: 6. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. STAFF CONCERNS: 7. Report on Actions taken at the February 16, 1999 City Council Meetinq Elizabeth A. Binsack, Community Development Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that Red Hill Avenue is reduced to one lane at Irvine Boulevard and asked if this was in the County. Douglas Anderson replied that this was in the County and is part of their widening project. - Noted that the Unocal Station on 17t~ Street is still using three signs posted. The Director replied that staff had sent a letter to the property manager and would follow up with them. Commissioner Kozak - Thanked staff for their work on the Red Hill Restaurant report. Planning Commission Minutes February 22, 1999 Page 11 Chairperson Pontious Stated her pleasure in seeing something positive occurring at the old Chuck's Steak House restaurant. Commissioner Jones Announced his resignation from the Planning Commission due to his new position with the Irvine Ranch Water District as General Manager. He thanked City staff and the Commission and stated he enjoyed serving on the Commission. ADJOURNMENT: Commissioner Davert moved, Commissioner Kozak seconded, to adjourn the meeting at 9:10 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on March 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 'Leslie A. Pontious Chairperson ,,~Elizabeth A. Binsack Planning Commission Secretary