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HomeMy WebLinkAboutPC Minutes 01-25-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 25, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious INVOCATION: Commissioner Jones ROLL CALL: Chairperson Pontious, Browne, Davert, Jones, Kozak Commissioners: Present: Chairperson Pontious Vice Chair Kozak Browne Davert Jones Absent: None 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 11, 1999 Planninq Commission Meeting. Commissioner Davert moved, Commissioner Jones seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Conditional Use Permit 98-033 a request to establish a counseling service for Alcoholics Anonymous in an office building. The project is located at 215 W. First Street, Suite 202, 203 & 204. The project is located within the First Street Specific Plan. Planning Commission Minutes January 25, 1999 Page 2 APPLICANT: GRUPO A. A. CENTRO AMERICA CARLOS A. RODRIGUEZ PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution No. 3648 approving Conditional Use Permit 98-033. Use Determination 98-001 and Conditional Use Permit 98-034 a request to operate a driving school that conducts off-site driving lessons and on-site academic driving school for minors ages 15-17 in an office building. The project is located at 215 W. First Street, Suite 201 and 205 within the First Street Specific Plan. APPLICANT: OSCAR MONTALVO AMERICAN DRIVING SCHOOL PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution Nos. 3649 and 3450 approving Use Determination 98-001 and Conditional Use Permit 98-034 to allow an instructional facility with approval of a Conditional Use Permit within the Office as Primary Use designation of First Street Specific Plan (FSSP). Conditional Use Permit 98-035 a request to operate a contractor's office in an office building. The project is located at 215 W. First Street, Suite 207 within the First Street Specific Plan. APPLICANT: NATIONAL RAIN GUTTER PROPERTY OWNERS: CHUNG LIN GOLDEN WEST INVESTMENTS Recommendation That the Planning Commission adopt Resolution No. 3651 approving Conditional Use Permit 98-035. The Public Hearings for Items 2, 3 and 4 were all opened at 7:03 p.m. Minoo Ashabi presented the subject reports and amended conditions as follows: Resolution No. 3648 - Condition 1.6 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists." Resolution No. 3649 - the word "conditionally" was misspelled in the subject paragraph Resolution No. 3650 - Condition 2.1 was revised to read "The number of students shall be limited to 20 students per day at any one time. Planning Commission Minutes Janua~ 25,1999 Page 3 Add new Condition 2.7 to read "The number of company owned passenger vehicles parked on-site shall be limited to four (4). All passenger vehicles shall be stored on site in designated stalls as shown on Exhibit B. Passenger vehicles shall not be picked up or returned to the site before 7:00 a.m. or after 9:00 p.m. Monday through Friday and before 9:00 a.m. and after 5:00 p.m. on Saturday." Condition 1.6 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists." Resolution No. 3651 - Condition 1.3 was deleted Two new conditions added as follows: 2.5 - "Construction vehicles parked on-site shall be limited in size to two axles and may not extend beyond the length or width of the standard parking stalls. All construction vehicles shall be stored on site in designated stalls as shown on Exhibit B. Any materials stored in said vehicles shall be fully enclosed and not visible from the public right of way." 2.6 - "All construction vehicles shall be stored on site in designated stalls as shown on Exhibit B." Condition 1.7 was revised to read: "As determined by a City code enforcement officer, any violation of any of the conditions imposed by this Resolution is subject to the imposition of a civil penalty of $100.00 on the property owner and/or operator for each violation and each day the violation exists." Manuel Ysais, Grupo AA Centro America, stated the group serves this region and is in agreement with all the conditions. Steve Montalvo, American Driving School, stated they park their cars as far as possible from Mr. Gross' home and are in agreement with all the conditions. Chuck Spearman, National Rain Gutters, stated that Mr. Gross has attacked his character, several neighbors rescinded signing Mr. Gross' petition and he is in agreement with the conditions. Raul Castenada, Grupo AA Centro America, stated that the group provides a service for Tustin residents at no charge and would also like to meet for administrative purposes one Sunday a month from 4:00 to 10:00 p.m. Commissioner Davert inquired if they could meet at another time. Raul Castenada, Grupo AA Centro America, stated they could possibly meet on Sunday morning. Irwin Gross, 125 N. "B" Street, noted the documents he submitted for the Commission's consideration and stated his concerns about noise from the neighboring businesses and that a wall is required by law. Natalie Wilcoxon, former employee National Rain Gutters, stated that she was appalled at the attack on Mr. Spearman's character and business. Chung Lin, property owner, stated that he has tried to accommodate Mr. Gross' complaints by adding a gate on the trash enclosures, increasing trash pick-up and adjusting the lighting. He noted that his tenants will comply with the conditions. Commissioner Davert asked the property owner if he had investigated building a wall. Chung Lin responded that he would share the cost of building a wall with Mr. Gross. Commissioner Davert inquired if the owner had any future plans for the building. Planning Commission Minutes January 25,1999 Page 4 Chung Lin replied that he did not have any future plans for the building. Chairperson Pontious inquired if there was any thought to raising the hedge. Chung Lin responded that they do not trim the top of the hedge, only the sides. David Grant, 130 N. "C" Street, stated that he has never experienced a great amount of noise due to the commercial businesses. Randy Solomon, tenant at 215 W. First St., stated that Mr. Gross is irrational and he does not wish to see Mr. Lin pay for a wall. Alvaro Perez, Grupo AA Centro America, stated his fear that the group may need to exceed the 30 person limit. Angela Renderos, Grupo AA Centro America, stated her concern that the group may exceed the 30 person limit in the future for special events. Chuck Spearman inquired if he could go to his office outside of the regular business hours. · Chairperson Pontious stated that staff will address those questions. The Public Hearings closed at 7:52 p.m. The Director addressed the questions as follows: The First Street Specific Plan requires a wall for new developments when a residence ajoins a commercial development; however, this building was developed prior to the adoption of the Specific Plan. Staff does not feel there are findings to warrant building a wall; but if after the public hearing, the Commission feels there are findings, they may require the wall. The occupancy limit is based on square footage, type of uses and number of parking spaces on the site. While the building code might allow for larger occupancy, staff does not feel it is warranted. If, in the future, the businesses would like to modify the limit, they can make that request to the Planning Commission. Conversely, if there is a problem, staff can bring the conditional use permit application before the Commission to reduce the occupancy. The applicant may not exceed the occupant load established by the Uniform Building Code but they may request a temporary use permit for a special event to exceed the established occupant load. · With respect to contractor related functions, individuals cannot perform construction related activities until after 7:00 a.m. Chairperson Pontious asked if the applicant could go into the office to do office work. The Director stated that the resolution makes that distinction by using the term "construction-type vehicle", passenger vehicles would be permitted. The zoning ordinance currently does not impose those restrictions on any office use, much like a residence. Randy Solomon indicated that he felt it was the tenant's right to start their vehicles before 7:00 a.m. The Director stated that this is a discretionary action and one reason why contractor's offices are of concem and are a conditionally permitted use in these kinds of zones, is that often they contain larger trucks with equipment and contracting related materials. If a National Rain Gutter car the size of a sports utility vehicle were brought onto the site with no equipment or construction related materials, that would not be a problem. Planning Commission Minutes January 25,1999 Page 5 Commissioner Jones asked for confirmation that National Rain Gutter has off-site storage of construction materials. The Director answered affirmatively. Commissioner Davert noted that Commission is not a penal body and the past is not relevant. Commissioner Jones stated that Grupo AA Centro America is an important community service and noted willingness of applicant to comply with the conditions. Chairperson Pontious noted that her grandfather was a co-founder of AA in Columbus, Ohio. Commissioner Davert stated that he is pleased to see these businesses come into compliance and remain in the City of Tustin. Commissioner Kozak noted willingness of applicant to bring their operation into compliance; thanked the property owner for attending the meeting and agrees with staff's recommendation. Commissioner Jones appreciates the applicant's willingness to comply with conditions and asked if Condition 2.3 on Exhibit A was acceptable to the applicant. Chuck Spearman stated he has no plans to get any larger vehicles since he cannot operate his business with a larger vehicle and further stated he does not have a problem with the condition. Commissioner Davert stated that he has read the documents and heard the tape that was submitted and he is outraged by the personal attacks on the applicants and hopes the Gross' will try to mend fences. Commissioner Davert moved, Commissioner Jones Conditional Use Permit 98-033 by adopting Resolution Motion carried 5-0. seconded, to approve No. 3648, as revised. Commissioner Davert moved, Commissioner Jones seconded, to approve Use Determination 98-001 and Conditional Use Permit 98-034 by adopting Resolution Nos. 3649 and 3450, as revised. Motion carried 5-0. Commissioner Jones moved, Commissioner Davert Conditional Use Permit 98-035 by adopting Resolution Motion carried 5-0. seconded, to approve No. 3651, as revised. The Director explained the appeal process. REGULAR BUSINESS: 5. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Kozak seconded, to receive and file. Motion carried 5-0. Planning Commission Minutes January 25,1999 Page 6 STAFF CONCERNS: Report on Actions taken at the January 19, 1999 City Council Meeting Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved, Commissioner Kozak seconded, to receive and file. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Jones Inquired about the status of the Irvine Boulevard widening project. The Director responded that staff would contact the County for the widening schedule. Commissioner Kozak Thanked staff for the opportunity to attend the League of Cities Planning Commissioners Orientation Workshop last Friday and noted that he had literature from the workshop to share with the other Commissioners. Commissioner Davert Noted that graffiti is on the rise and wished to give staff and the public a heads up to contact the graffiti hotline when they see graffiti. Stated that he drove out to the Tustin Ranch Estates and the lots are graded and look great. Reminded the Commission to be cautious when speaking to applicants as comments can be misconstrued. ADJOURNMENT: Commissioner Browne moved, Commissioner Davert seconded, to adjourn the meeting at 8:24 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on February 8, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. /Le~l~ ~,. Pontious Cha~?lSerson Planning Commission Secretary