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HomeMy WebLinkAboutPC Minutes 08-24-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 24, 1998 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chairperson Kozak INVOCATION: Vice Chairperson Kozak ROLL CALL: Browne, Davert, Jones, Kozak, and Pontious Commissioners: Present: Vice Chairperson Kozak Scott Browne Douglass Davert Paul Jones Absent: Chairperson Pontious Staff Present: Elizabeth Binsack, Director of Community Development Daniel Fox, Senior Planner Lois Bobak, Deputy City Attorney Douglas Anderson, Senior Project Manager 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 August 10, 1998 Planning Commission Meeting. Conditional Use Permit 98-010/Design Review 98-008 (Nextel) a request to construct a major wireless communication facility at 550 W. Sixth Street. The project is located within the Planned Industrial (PI) district. Planning Commission Minutes August24,1998 Page 2 APPLICANT: PROPERTY OWNER: Recommendation NEXTEL COMMUNICATIONS, INC. TUSTIN SELF STORAGE LIMITED -That the Planning Commission adopt Resolution No. 3601 approving Conditional Use Permit 98-010. Commissioner Davert moved, Commissioner Browne seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 3. Conditional Use Permit 98-017 a request to establish 100 percent office use in a 4,820 square foot building. The project is located at 1111 El Camino Real within the Retail Commercial District (C-1). DR. JEROLD PETROFSKY APPLICANT/ PROPERTY OWNER: Recommendation - That the Planning Commission adopt Resolution No. 3608 approving Conditional Use Permit 98-017. Daniel Fox, AICP, Senior Planner presented the subject report. Commissioner Jones asked if the metal storage containers were permanent and were they taken into account for the parking space count. Daniel Fox responded the containers are not permanent and will be removed when the improvements are completed. Vice Chair Kozak noted that the Commission was only approving the use. The Public Hearing opened at 7:03 p.m. The Public Hearing closed at 7:04 p.m. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3608 approving Conditional Use Permit 98-017. Motion carried 4-0. 4. Conditional Use Permit 98-019 a request to establish outdoor seating in conjunction with an existing restaurant. The project is located at 640-C W. First Street within the First Street Specific Plan with Commercial as Primary Use. JOSEPHINE PINA GRUNER PINA'S BISTRO PROPERTY OWNER: PLAZA ON FIRST ASSOCIATES Recommendation - That the Planning Commission adopt Resolution No. 3610 approving Conditional Use Permit 98-019. Bradley Evanson presented the subject report. Commissioner Davert asked if the outside beer and wine consumption was allowed with alcohol beverage control approval. APPLICANT: Planning Commission Minutes August 24, 1998 Page 3 Bradley Evanson responded in the affirmative. Commissioner Jones asked for the dimension from the front of the building to the location of the tables and if access to other stores would be blocked. Bradley Evanson stated that it was 4½ feet and ADA standards require a minimum 4 feet of clear access. Vice Chair Kozak stated the distance from wall to curb looked to be too small for three tables and asked for the table dimensions. Bradley Evanson stated that the applicant had not made a final choice on the tables to be purchased but if the distance requirement could not be met, the seat count would need to be reduced. The Director stated that alcohol beverage control requires a permanent barrier and maintenance of a walkway. Vice Chair Kozak noted the conditions of approval require a copy of the alcohol beverage control license be sent to the City. The Public Hearing opened at 7:10 p.m. The Public Hearing closed at 7:10 p.m. Commissioner Davert moved, Commissioner Browne seconded, to adopt Resolution No. 3610 approving Conditional Use Permit 98-019. Motion carried 4-0. Design Review 98-023 a request for authorization to reface and repaint an existing pylon-type sign, and replace existing wall-mounted channel letters with new channel letters and exposed tube neon. The project is located at 1091 Old Irvine Boulevard within the C-1 Retail Commercial District. APPLICANT: CUSTOM SIGNS, INC. PROPERTY OWNERS: J AND R MANN FAMILY PARTNERSHIP Recommendation - That the Planning Commission adopt Resolution No. 3609 denying Design Review 98-023. Bradley Evanson presented the subject report. Commissioner Jones stated that his concern was the color palette and not the neon. Commissioner Davert stated that the neon sign did not appear to be an integral part of the sign and therefore not complementary. Vice Chair Kozak stated that the sign was already non-conforming. The Public Hearing opened at 7:15 p.m. Tim Schwan, applicant, stated that staff could have approved the project over the counter because the proposed wall signage is less than the maximum per the code and the building is not Spanish style. Jack Mann, owner, stated that although he respects the City's guidelines, he needs the sign for economic reasons. Planning Commission Minutes August24,1998 Page 4 Commissioner Davert stated that he appreciates the applicant's testimony but believes the sign is out of character with the building. The Director stated that the Commission could consider a design review for building modifications if presented to the Commission. Commissioner Browne asked if the applicant had considered other colors. Tim Schwan, applicant, stated they had but those colors are already in place. Commissioner Browne indicated that he would like to let the applicant go forward with the proposal as presented. Commissioner Jones stated that he would entertain a change in the application from the applicant. Vice Chair Kozak stated that he would be interested in a new application with a different color scheme and asked if the sign could be brought into conformity. The Director responded that the sign would need to be reduced to 6 feet and it would be appropriate for the applicant to request a continuance if they desired to modify the request. Jack Mann requested the Commission continue the item. Commissioner Davert asked staff for their opinion regarding the height of the sign. The Director indicated that the current request does not include any structural changes and it would be appropriate for the applicant to request a change in sign height and other modifications based on the Commission's direction. Commissioner Davert moved, Commissioner Jones seconded, to continue the item, at the applicant's request, to the September 14, 1998 Planning Commission meeting. Motion carried 4-0. 6. Code Amendment 98-003(B), Amendment To Tustin City Code Related To Medical Office Parking Rates And Joint-Use Parkinq a request to amend the Tustin City Code as follows: 1. Revise the parking rates for medical uses within the office and commercial zoning districts; and, 2. Provide for joint-use parking between uses to satisfy the minimum parking requirements for nonresidential uses. Recommendation That the Planning Commission: 1. Adopt Resolution No. 3613 approving the environmental determination for the project; and, 2. Adopt Resolution No. 3614 recommending that the City Council approve Code Amendment 98-003(B). Daniel Fox, AICP, Senior Planner presented the subject report. The Director noted changes to Section II A, B and C of the resolution. The Public Hearing opened at 7:35 p.m. Commissioner Jones stated that project was well thought out. Planning Commission Minutes August24,1998 Page 5 Vice Chair Kozak asked how the sliding scale addressed parking for employees. Daniel Fox noted that in Section B of the resolution the clinic rate was being dropped and one rate is being applied and noted that the parking works using the current standards. Vice Chair Kozak suggested staff update the zoning code to encourage the connection of commercial centers. The Director suggested the issue be agendized for a future meeting. The Public Hearing closed at 7:48 p.m. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3613 approving the environmental determination for the project. Motion carried 4-0. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3614 recommending that the City Council approve Code Amendment 98-003(B), as amended. Motion carried 4-0. (Code Amendment 98-03) (Ordinance No. 1204) - Code Amendment 98-03 (Ordinance No. 1204) would establish a comprehensive ordinance related to sexually oriented businesses in the City of Tustin. if adopted, the ordinance would disperse and limit sexually oriented businesses to specified zoning districts; regulate and license sexually oriented businesses, owners and employees; provide additional health and safety regulations for sexually oriented businesses; and, repeal the applicable sections of the Tustin City Code. The proposed ordinance regulates the secondary effects associated with sexually oriented businesses while preserving the First Amendment rights afforded to these uses to locate within the City. Area of Applicability: Citywide Recommendation: That the Planning Commission: Adopt Resolution No. 3611 recommending that the City Council approve the environmental determination for the project; and Adopt Resolution No. 3612 recommending that the City Council approve Code Amendment 98-003 (Ordinance No. 1204) Elizabeth A. Binsack, Director of Community Development, presented the subject report. Commissioner Jones inquired about cost recovery for additional police services. The Director indicated that cities have the right to regulate secondary effects and may charge application and licensing fees but may not single out these businesses via an additional tax to offset police service costs. Lois Bobak, Deputy City Attorney, stated that the City may not recover the cost of governing. Commissioner Jones asked who would license individual employees and perform background checks on employees of businesses. The Director responded that the Community Development Department would issue the licenses and the Police Department would conduct background checks. Commissioner Jones asked about the definition of adult motels and would a hotel that offered pay-per-view movies fall into this category. Planning Commission Minutes August 24, 1998 Page 6 The Director responded that staff would have to review the section. Commissioner Browne asked when a video store that sells adult movies become a sexually oriented business. The Director responded that an establishment would be a sexually oriented business if a significant portion of its stock in trade, revenues or interior is devoted to adult related uses. Commissioner Davert asked when the urgency ordinance would expire. The Director responded January, 1999. Commissioner Browne stated that the 500 feet between sexually oriented businesses restriction may be difficult to justify and asked if the justification is from secondary effects. The Director responded that some cities have used 1,000 feet and have been found in conformity. The Director stated that staff could modify the definition of "adult motel" before the ordinance is forwarded to the City Council, and suggested that the definition include language as identified in the "adult bookstore" definition related to significant and substantive portion of revenues, interiors, or advertising related to the items specified in the definition. The Public Hearing opened at 8:16 p.m. The Public Hearing closed at 8:16 p.m. Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3611 recommending that the City Council approve the environmental determination for the project. Motion carried 4-0. Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3612 recommending that the City Council approve Code Amendment 98-003 (Ordinance No. 1204), as modified. Motion carried 4-0. REGULAR BUSINESS: 8. Status Reports Daniel Fox, AICP, Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Jones seconded, to receive and file. Motion carried 4-0, STAFF CONCERNS: 9. Report on Actions taken at the August 17, 1998 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. Planning Commission Minutes August24,1998 Page 7 COMMISSION CONCERNS: Commissioner Davert Asked why the top level of the parking structure at Vandenberg Lane was chained off. The Director responded that staff would report back to the Commission on the status of the structure. Commissioner Jones Noted that the site condition of the business at 1450 El Camino Real (Patio Place) was very bad and asked staff if they could notify the owner. Vice Chairperson Kozak Noted that Hollywood Video had not yet met a condition for planting trees at their site. Noted that he hoped that Nextel would be able to locate at the Boys and Girls Club. The Director indicated that staff will forward the request to the City Council. Stated that staff did a good job on a large agenda. ADJOURNMENT: Commissioner Davert moved, Commissioner Jones 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 September 14, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ~tev~ I~{~z~k Vice Chbir~erson Elizabeth A. Binsack Planning Commission Secretary