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HomeMy WebLinkAboutPC Minutes 06-22-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 22, 1998 CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairman Mitzman INVOCATION: Commissioner Pontious ROLL CALL: Browne, Davert, Kozak, Mitzman, and Pontious Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Daniel Fox, Senior Planner Lois Bobak, Deputy City Attorney Karen Peterson, Associate Planner Lori Ludi, Associate 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.) 1. Minutes of the June 8, 1998 Planning Commission Meeting. Commissioner Pontious moved, Commissioner Davert seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 98-014 French Quarter Signs a request for approval of a Master Sign Plan for The French Quarter Center. The project is located at 17245 - 17395 17TM Street) within the Commercial General District (CG). APPLICANT: BARRY WATKINS Planning Commission Minutes June 22,1998 Page 2 PROPERTY OWNER: JOHN DEL BROOMELL DUNSTAN PROPERTIES RECOMMENDATION That the Planning Commission adopt Resolution No. 3599, approving Conditional Use Permit 98-014. Lori Ludi, Associate Planner presented the subject report. Commissioner Kozak inquired why the master sign plan does not deal with tenant signs in the shopping center and how the theme of the monument signs would be carried through the center. Lori Ludi responded that the applicant chose to utilize the existing sign code requirements for tenant signs. Daniel Fox, Senior Planner, noted that the majority of the tenants have existing signs and it would be difficult to create a new type of signs and require the individual tenants to convert but the existing theme would be carried out through the monument signs. Commissioner Kozak suggested screening of pipes going into Starbucks building. Commissioner Pontious noted condition 3.3 which requires that the tenant copy area not exceed 18 square feet and inquired whether the Tony Romas sign allowed enough space for the other tenants to have that large a copy. Lori Ludi noted that the Tony Romas panel is about 17~ square feet and that staff is asking the applicant to reduce the size of the Tony Romas sign and not increase the overall size of the monument sign. Commissioner Pontious asked if the copy should be called out separately and a total given for all three. Daniel Fox stated that each sign could be called out separately but a maximum per tenant rather than a cumulative would be appropriate. The Public Hearing opened at 7:15 p.m. Barry Watkins, applicant, asked that the maximum square footage be for the large panel so it can be divided between the tenants and would like to take one identification sign out to use the space for tenant identification. The Public Hearing closed at 7:21 p.m. Commissioner Davert asked if placing the center identification in the arch was feasible. Daniel Fox suggested that the monument sign could be increased another foot to accommodate the center identification on top of the existing cabinet. The Public Hearing opened at 7:25 p.m. Barry Watkins noted that they were trying not to emphasize Tustin's French Quarter on the small sign so as not to make it obtrusive. The Public Hearing closed at 7:26 p.m. Commissioner Davert noted that some of the city trees in the park strip block the signs for the center. Daniel Fox stated he would check with the Public Works department on their tree trimming schedule for that area. Planning Commission Minutes June 22, 1998 Page 3 Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3599 approving Conditional Use Permit 98-014, as amended. Motion carried 5-0. 3. Conditional Use Permit 98-011 a request to establish off-site alcoholic beverage sales (type 20: beer and wine) in conjunction with a self and full serve carwash. The project is located at 3091 E. Edinger Avenue within the Planned Community Industrial - Jamboree Plaza Planned Community District Regulations. APPLICANT/ PROPERTY OWNER TOM ROSSI RECOMMENDATION That the Planning Commission adopt Resolution No. 3596 approving Conditional Use Permit 98-011. Karen Peterson, Associate Planner presented the subject report. Commissioner Davert asked who would be responsible for the enforcement of Condition 2.4. Karen Peterson stated that the Department of Alcoholic Beverage Control places that condition on the applicant and also enforces the condition. Commissioner Browne noted that the base reuse plan shows high density housing proposed across the channel and across the channel. Karen Peterson replied that Commissioner Browne was correct and the right-of-way is more than 150 feet which is outside the minimum distance separation requirement for residential uses. Commissioner Pontious noted her concern with overconcentration of licenses due to the new development on the base. Daniel Fox noted that the overconcentration issue is based upon census tract with the number of licenses the Department of Alcoholic Beverage Control (ABC) has determined is appropriate for population and the Commission is being asked to find that the sale of alcohol is a public necessity or convenience in this census tract because the census tract is already overconcentrated, according to ABC. Commissioner Kozak noted his concern that there is a potential third location for off-site alcoholic beverage sales and attaching liquor sales with auto related uses. Commissioner Browne asked staff if the Commission was being asked to go outside of normal guidelines to make this finding that there is a public need based upon the overconcentration. Daniel Fox responded that ABC requires the Commission to make an additional finding that alcohol sales are needed in this area and noted that some cities have imposed that the applicant obtain a license within the census tract when it becomes available. Commissioner Davert asked if the adjoining census tracts have been checked. Karen Peterson responded that staff did not survey adjoining tracts and the ABC does not look at adjoining tracts. Commissioner Kozak asked if the City of Irvine has been advised of the proposal and would they have concerns. Karen Peterson responded that the City of Irvine had not been advised. Planning Commission Minutes June 22, 1998 Page 4 Commissioner Browne asked if the applicant was present to provide information to help the Commission make a case for a public need. The Public Hearing opened at 7:43 p.m. Tom Rossi, applicant, noted that the purpose of the license is to broaden the appeal of the car wash by offering more services and his hours are 7:00 a.m. to sunset and feels the sales would be an important part of business. Chairman Mitzman inquired if there are other car washes in the City that sell beer and wine. Daniel Fox responded that he was not aware of any other car washes selling beer and wine in the City. Commissioner Kozak reiterated his concern with permitting alcohol sales with automobile related uses. Tom Rossi noted his purpose is to establish an upscale facility selling imported beers and fine wines. Chairman Mitzman asked if the applicant would be selling products individually or in bulk. Tom Rossi stated he believed the proposal allowed for single sales but they would typically be selling six packs of beer. Commissioner Browne stated he would need more compelling reasons from the applicant to be more comfortable with approval. Commissioner Davert noted that he also could not support the proposed finding and is concerned with the increase in concentration. Commissioner Pontious stated that she would like to deny both projects or condition the applicants to wait for an available license. Chairman Mitzman stated that he did not wish to set a precedent for a car wash in Tustin with liquor sales. Daniel Fox suggested a continuance to allow the applicant to provide additional information showing how the service results in more profit. Commissioner Kozak noted that the test is public necessity and not profitability. Daniel Fox referred to the census tract map and noted that the only residential is the Marine housing on the west side of Harvard. The Public Hearing closed at 7:49 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to direct staff to prepare a resolution of denial to the Commission for consideration at the July 13, 1998 meeting. Motion carried 5-0. (*See amended action below). Lois Bobak noted that the motion was to direct staff to bring back a resolution of denial. 4. Conditional Use Permit 98-013 a request to establish off-site alcoholic beverage sales (type 20: beer and wine) in conjunction with a service station and convenience store. The project is located at the northeast intersection of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial - Jamboree Plaza Planned Community District Regulations. APPLICANT: THE MERIDIAN GROUP Planning Commission Minutes June 22,1998 Page 5 PROPERTY OWNER: ROGER DE YOUNG FAMILY, L.P. RECOMMENDATION That the Planning Commission adopt Resolution No. 3597 approving Conditional Use Permit 98-013. Karen Peterson, Associate Planner presented the subject report. Lois Bobak, added that the record for the previous hearing be incorporated into this record. Commissioner Davert confirmed that the project was a convenience store. Daniel Fox noted that this project also includes a drive-thru window selling fast food. The Public Hearing opened at 7:55 p.m. Tam Santoni, applicant, noted that their project is at the opposite end from where the greatest concentration of licenses currently are and asked the 12-month deadline for opening to be extended. Doug DeYoung, applicant, noted that he believed the overconcentration problem is in Irvine and that beer and wine is a large percentage of their sales. The Public Hearing closed at 7:58 p.m. Commissioner Davert stated he has less concern with this project than the previous but still has a problem with a finding of public necessity. Commissioner Pontious stated she could not make a finding of public necessity on this project. Commissioner Kozak stated he also could not make a finding of public necessity. Commissioner Davert asked staff if the applicant would be free to reapply if the population increases. Daniel Fox stated that the applicant would have the ability to reapply after 12 months if they were denied. Lois Bobak, Deputy City Attorney noted that the Commission could include a condition of approval waiving the 12-month requirement. Commissioner Davert asked if another establishment were to close, would the applicant be able to take over that license. Daniel Fox responded that if the Commission were to deny the project without prejudice, the applicant would be able to reapply if a license were to become available but the issue of overconcentration would still be an issue. Lois Bobak noted that the condition could be worded that the Commission does not want additional overconcentration but does not feel the existing overconcentration is a detriment to the public health, safety and welfare. Commissioner Davert stated he does not want to increase overconcentration but wants to leave the door open for the applicant and the prior one if a license becomes available. Chairman Mitzman stated the Commission should deny both projects and the applicants can reapply at a future date. Commissioner Pontious moved, Commissioner Davert seconded, to direct staff to prepare a resolution of denial, waiving the 12-month waiting period for reapplication, to the Commission for consideration at the July 13, 1998 meeting. Motion carried 5-0. Planning Commission Minutes June 22,1998 Page 6 *Commissioner Davert moved, Commissioner Pontious seconded, to reopen Item #3 for a new motion. The Public Hearing opened at 8:14 p.m. Tom Rossi asked the City Attorney if there was any negative impact to him if he reapplies in the future. Lois Bobak indicated that the applicant would need to reapply and she is not aware of any other constraint upon the applicant's ability to reapply with no additional burden and stated the appeal procedure for the record. The Public Hearing closed at 7:16 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to direct staff to prepare a resolution of denial to the Commission for consideration at the July 13, 1998 meeting waiving the 12-month waiting period for reapplication. Motion carried 5-0. REGULAR BUSINESS: 5. CONTINUED ITEM - REVISED AUTO SERVICE DESIGN GUIDELINES The Planning Commission reviewed the draft Auto Service Design Standards at the meetings of April 27, and May 26, 1998. At these meetings the Planning Commission suggested several revisions to the design standards which have been incorporated into the current draft standards. RECOMMENDATION That the Planning Commission adopt Resolution 3598 recommending that the City Council approve revisions to the auto service design standards. Lori Ludi, Associate Planner presented the subject report. The Commission congratulated staff on a job well done. Commissioner Browne noted that the pay phone policy should be referenced in the standards. Commissioner Davert moved, Commissioner Kozak seconded, to adopt Resolution No. 3598 recommending that the City Council approve revisions to the auto service design standards, as amended. Motion carried 5-0. 6. Status Report Recommendation: Receive and File Daniel Fox, AICP, Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Kozak seconded, to receive and file the subject report. Motion carried 5-0. STAFF CONCERNS: 7. Report on Actions taken at the June 15, 1998 City Council Meeting Daniel Fox, AICP, Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Pontious seconded, to receive and file the subject report. Motion carried 5-0. Planning Commission Minutes June 22, 1998 Page 7 COMMISSION CONCERNS: Commissioner Davert Noted that the wall being built at the Sycamore offramp of the 55 freeway looked great. Thanked staff for the letter that was sent to the County regarding the Irvine Boulevard property. Stated that he had a citizen inquiry regarding the remodel of a property on Epping Way. Daniel Fox responded that building staff put a tight timeframe on the project and progress has been made and further stated the project should be finished by mid-September. Commissioner Pontious Inquired about the status of the Marshall's center now that Marshall's is moving out and noted that perhaps the property owner would be more amenable to negotiations with the Redevelopment Agency. Daniel Fox responded that he did not know the status of the center but would check with the Redevelopment Agency and let the Commission know of his findings. Commissioner Kozak Thanked staff for their work on the service station standards, the monument signs for the French Quarter and the fine letter to Supervisor Spitzer. Chairman Mitzman Asked when the City Council would be appointing the new Commissioners. Daniel Fox noted that the next City Council meeting would be on July 7th and not July 6"' and the Council will be appointing the new Commissioners at that meeting. ADJOURNMENT: Commissioner Kozak moved, Commissioner Davert seconded, to adjourn the meeting at 8:29 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on July 13, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. H OW,~RD'-I~ Chairman ~z(VlAN ELIZABETH A. BINSACK Planning Commission Secretary