Loading...
HomeMy WebLinkAboutPC Minutes 02-08-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 8, 1999 'k'k'k'k'k CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Kozak INVOCATION: Commissioner Browne ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: Present: Vice Chair Kozak Browne Davert Jones Absent: Chairperson Pontious Staff: Elizabeth A. Binsack, Director Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Douglas Anderson, Traffic Engineer Minoo Ashabi, 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 January 25, 1999 Planninq Commission Meeting. Commissioner Davert moved, Commissioner Jones seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. Conditional Use Permit 98-026 a request to establish a medical office in an existing structure. The project is located at 500 S. C Street within the Multiple Family Residential R-3 zoning district. Planning Commission Minutes February 8, 1999 Page 2 APPLICANT: BENNETT ARCHITECTS GREGORY BENNETT PROPERTY OWNERS: ALEX AND MARIA GAON Recommendation That the Planning Commission either: 1) Adopt Resolution No. 3656 approving Conditional Use Permit 98-026; or, 2) Adopt Resolution No. 3657 extending the Temporary Use Permit for 30 days and continue this item. Minoo Ashabi presented the subject report. Commissioner Browne inquired if hazardous material issues were addressed. Minoo responded that the conditional permit addresses the issue of hazardous materials. Commissioner Davert asked staff if the application was considered complete. The Director responded affirmatively. Commissioner Davert noted that he viewed a specimen pick-up box on the porch and asked if staff could require the applicant to get approval from the health care agency. Lois Bobak, Deputy City Attorney, suggested that a condition be added that the applicant shall comply with Orange County Health Care Agency or applicable regulatory agency conditions and failure to comply would be grounds for revocation. The Director stated that the use is regulated by the State and noted that if the health care agency were a reviewing body they would be consulted. The Director recommended the addition of Condition 2.5 to read as follows: "If required, the plan and operations shall be reviewed and approved by the Orange County Health Care Agency and applicable state agencies. The applicant shall comply with any conditions set forth by the applicable agencies or this approval shall be subject to revocation." Vice Chair Kozak suggested that the State also be included in the condition. Commissioner Jones inquired if staff received the letter of consent. Karen Peterson responded that staff executed the agreement with the best information that was available and will need to follow-up with the applicant to obtain a current title report and insurance information. Lois Bobak noted the date of the letter had passed. Vice Chair Kozak proposed a modification to Condition 1.8 by deleting "or before". The Public Hearing opened at 7:11 p.m. Greg Bennett, applicant, stated his appreciation for staffs work and noted that the project was good for Old Town. He also asked the tenant if they were comfortable with the hours of operation shown in the staff report. Vice Chair Kozak asked the applicant if they were in agreement with Conditions 1.6, 1.8 and 2.5 and the remainder of the conditions. Greg Bennett, stated that he represents the property owner and the tenant should be held to the conditions. Planning Commission Minutes February 8, 1999 Page 3 The Director noted that if the tenant does not comply, the property owner would be held responsible. Greg Bennett stated that he did not believe that the County or State regulate bio- hazardous medical waste. Dr. Thomas, tenant, stated that the lab box on the porch is locked and she employs a company to dispose of the bio-hazardous waste. Vice Chair Kozak asked the tenant if they understand the conditions. Dr. Thomas responded affirmatively. Commissioner Davert asked why the business was opened without the benefit of permits and noted that he received a phone call from a member of the Cultural Resources Advisory Committee that was concerned about the proposal. The Director noted that similar to these circumstances weddings were conducted at Stevens Square also without permits; while staff does not want to be in the position of evicting businesses, staff must ensure buildings and tenant improvements are safe and in compliance with the Uniform Building Code. She further stated that the project was not forwarded to the Cultural Resources Advisory Committee because the project was not considered controversial because the parking demands are met. Commissioner Davert inquired about the rating of the structure and if a Certificate of Appropriateness had been obtained. The Director responded that the structure was "A" rated and staff would be issuing a Certificate of Appropriateness. The Public Hearing closed at 7:22 p.m. Commissioner Davert noted that the facility is beautiful, welcomed Dr. Thomas and her staff to Tustin and recommended the conditional use permit be approved, with the noted amendments. Commissioner Jones noted that he also thought the project was good and complimented staff for their work. Condition 1.6 was revised with the addition of the following: "In addition to any other enforcement action costs, the applicant shall pay the City $2,000.00 to offset the costs related to enforcement. Said payment shall be made within seven (7) days from the date of this approval. If payment is not made within seven (7) days, this approval shall be null and void." Condition 1.8 was revised as follows: in the first sentence delete "or before" Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3656, as revised, approving Conditional Use Permit 98-026. Motion carried 4-0. Conditional Use Permit 98-029 a request for 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 C-1 (10,000) zoning district. APPLICANT/ PROPERTY OWNER: LARRY SMITH RED HILL RESTAURANT, INC. Planning Commission Minutes February 8, 1999 Page 4 Recommendation That the Planning Commission adopt Resolution No. 3655 approving Conditional Use Permit 98-029. Karen Peterson presented the subject report. Commissioner Davert noted that the applicant's attorney gave correspondence to staff and the Commission and the hearing should be continued to allow staff and the Commission time to review the applicant's correspondence. Michael Cho, applicant's attorney, apologized for the lateness of his correspondence and noted that the applicant wished to proceed tonight. Vice Chair Kozak stated the Commission needs the benefit of the City Attorney and City staff's review of the submitted correspondence. Commissioner Jones suggested that the applicant meet with City staff prior to the next Planning Commission meeting. Commissioner Jones moved, Commissioner Davert seconded, to continue the hearing to the February 22, 1999 Planning Commission Meeting to allow staff and the applicant the opportunity to discuss conditions of approval. Motion carried 4-0. REGULAR BUSINESS: STAFF CONCERNS: 4. Report on Actions taken at the February 1, 1999 City Council Meetinq Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved, Commissioner Jones seconded, to receive and file. Motion carried 4-0. COMMISSION CONCERNS: Commissioner Browne - Thanked staff for their professionalism in dealing with development projects. Commissioner Davert Noted that Commissioners newspaper articles. Browne and Jones were featured in local Noted that he attended a UCI forum on crime in Orange County and that Tustin is doing well. Commissioner Jones Noted the presence of graffiti on the Tustin Self Service Storage building. Thanked staff for their patience in working with the applicant on 500 "C" Street. Planning Commission Minutes February 8, 1999 Page 5 Commissioner Kozak - Thanked staff for their work. - Noted that the left turn lane arrow was out at the Holt and Irvine Boulevard intersection. ADJOURNMENT: Commissioner Davert moved, Commissioner Browne, to adjourn the meeting at 7:36 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on February 22, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ~esl~e'~.'~ontious ChairpL~T~on Elizabeth A. Binsac"k Planning Commission Secretary