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HomeMy WebLinkAboutPC Minutes 04-27-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 27, 1998 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Commissioners Present: Absent: Staff Present: 6:59 p.m., City Council Chambers Commissioner Davert Browne, Davert, Kozak, Mitzman, and Pontious Howard Mitzman, Chairman Scott Browne Douglass Davert Leslie Pontious Steve Kozak Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Lori Ludi, Associate Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) Mr. Gregory Esslair, Orange County branch of Vietnam Veterans of America, Chapter 785 stated that the branch had been meeting at the helicopter base and would like to continue meeting in Tustin after the helicopter base closes. The Director asked Mr. Esslair to give her a number where he can be reached and she will have someone contact him about finding a new meeting location. CONSENT CALENDAR: 1. Minutes of the April 13, 1998 Planning Commission Meetinq. Commissioner Pontious moved, Commissioner Davert seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. CONTINUED PUBLIC HEARING - CONSIDERATION TO REVOKE VARIANCE 94- 010, CONDITIONAL USE PERMIT 97-004, AND DESIGN REVIEW 97-008 (AL'S WOODCRAFT) Background: On March 24, 1997, the Planning Commission adopted Resolution No. 3517 approving the subject Variance, Conditional Use Permit and Design Review to: reduce the required parking from 34 spaces to 21 spaces; establish an outdoor sales and display area; construct a new parking lot; and, make other site, landscaping and building improvements. The parking lot for the property has been incomplete and in violation of the City Code for failure to comply with the parking requirements since 1991. This item was continued from the August 25, October 27, and December 8, 1997 Planning Commission Minutes April 27, 1998 Page 2 Planning Commission meetings to provide the applicant an opportunity to maintain the plan check schedule required by Condition No. 1.3.B. of Planning Commission Resolution No. 3517. Recommendation; Provide direction to staff and continue this item to May 11, 1998. Daniel Fox, AICP, Senior Planner presented the subject report. Chairman Mitzman inquired about the number of years staff has worked on this case. Daniel Fox responded the project has been open for seven years. Commissioner Davert asked staff if they believed there was a reason the project could not have been completed in seven years and if the matter is referred to the City Attorney what would transpire. The Director responded that the improvements could be completed in a couple of months if diligently pursued. Lois Bobak responded that the City Attorney could either pursue the matter as a civil nuisance abatement or a criminal proceeding for violation of the zoning code. The Public Hearing opened at 7:06 p.m. Manuel Perez, architect, stated that the interior work is almost complete. Chairman Mitzman inquired if the owner was present and if Al's Woodcraft owned the building. Manuel Perez stated that the owner of Al's Woodcraft was present and he does own the building and Al's Woodcraft has been involved in litigation since the taking by Cai Trans. Bill Dunn, general contractor, stated that the weather has affected the project and believed it would take six months to complete the project. Chairman Mitzman inquired if the property owner's contract has a deadline or completion date with penalties if the contractor does not complete the job. Bill Dunn responded there was no deadline and no penalty. Commissioner Pontious asked the applicant if they were aware of the construction timelines when they appeared before the Commission in December. Chairman Mitzman stated that six months for completion of the project is excessive. Daniel Fox stated that the interior work has been the applicant's choice while the permits were issued for the exterior work which is the City's priority. Lois Bobak stated that the applicant may want to explain their method for calculation of the six months. Bill Dunn stated that the building is receiving a facelift with a lot of intricate and ornamental work. The Director stated that the parking lot improvements were required by the City, not the cosmetic improvements, and the applicant should give first priority to what is required by the city code. Commissioner Pontious asked the applicant how much time they would need to complete the parking lot. Bill Dunn responded 2 months. Manuel Perez stated that the applicant has been working toward successful conclusion but may not be as quickly as the City would like but the work is being done. Bill Mathis owner of Al's Woodcraft, stated that his business lost money after the taking and he has struggled to pay for the project. Chairman Mitzman asked the applicant how much Cai Trans gave him for compensation. Planning Commission Minutes April 27, 1998 Page 3 Bill Mathis responded that Cai Trans gave him a couple hundred thousand for the improvements. Commissioner Pontious stated her concern that if the City were to grant an extension they have no assurance the applicant will complete the project by a deadline. The Director recommended that the Commission continue the matter to the next meeting with Mr. Mathis agreeing to a compliance bond. Barbara Mathis stated that it is impractical to do the exterior work first and the project was delayed because they were waiting for the City to tell them where the property line was on Red Hill. Commissioner Browne asked the applicant if they were aware of tasks to be done when they pulled the permits. Barbara Mathis stated that they did know of the tasks to be done but are working in a manner to minimize the inconvenience of customers. The Public Hearing closed at 7:33 p.m. Commissioner Davert stated that he finds the applicant's statements inconsistent and has concerns about the precedent being set and asked staff what pressure the Commission can put on the applicant. Commissioner Pontious stated her agreement with Commissioner Davert and believes a penalty should be attached if a deadline is missed. Chairman Mitzman stated his agreement with Commissioners Davert and Pontious. Commissioner Pontious recommended that the Commission take staffs suggestion and continue the hearing to May 11th to allow staff to produce a schedule with compliance a bond attached. The Director stated that it would be appropriate for the Commission to provide clear direction to staff. Commissioner Davert stated that he would like to see the matter go directly to the City Attorney if the applicant does not comply. Lois Bobak stated the City Attorney's office would come back to the Commission with a resolution of revocation if the construction is not complete. The Public Hearing reopened at 7:41 p.m. Manuel Perez stated that he understands the City's issue is the parking lot and striping. Daniel Fox stated that the design review, variance and conditional use permit include the exterior of the building, parking lot, landscaping, and exterior building improvements including the outdoor patio area and the applicant has not provided staff with a construction phasing schedule. The Public Hearing closed at 7:46 p.m. Commissioner Davert moved, Commissioner Browne seconded, to continue the public hearing to the May 11, 1998 Planning Commission meeting to allow staff the opportunity to work on a construction schedule with the applicant. Motion carried 4-0. REGULAR BUSINESS: 3. SERVICE STATION DESIGN GUIDELINES Background: In July 1997, the Planning Commission requested that policies and format of the existing Service Station Guidelines be revisited. The Commission noted that service station developers would benefit from updated guidelines that would clearly summarize the City's policies on the design standards of auto service businesses allowing staff to give consistent direction to potential applicants. Recommendation: Provide direction as deemed appropriate. Planning Commission Minutes April 27, 1998 Page 4 Lori Ludi, Associate Planner presented the subject report. Commissioner Browne stated his appreciation with the report but wanted to be assured of flexibility. Lori Ludi stated that these are strictly guidelines and there would be flexibility. Commissioner Davert congratulated Lori on a job well done and stated his concern with enforceability when using the word "should" and that he would like to have Commissioner Kozak's input on the guidelines before the Commission takes any action. Daniel Fox stated that the difference with "shall" and "should" is that "should" is a guideline and "shall" is typically a code requirement and noted that there are two cities in the survey that have a reverse building design in their zoning code. Commissioner Davert stated that he would like the language to be strengthened. Lois Bobak stated that the guidelines provide a basis for findings to deny a discretionary application and the only way to remedy the guidelines versus code requirement issue is to develop the guidelines into an ordinance and amend the code. Commissioner Pontious stated that she would prefer a code ordinance. The Director stated that she would contact Commissioner Kozak and obtain his input. Commissioner Pontious moved, Commissioner Davert seconded, to continue the item to the May 26, 1998 Planning Commission meeting to allow staff time to contact Commissioner Kozak for input and to rewrite the guidelines as an ordinance. Motion carried 4-0. 4. Status Report Recommendation: Receive and File Daniel Fox, AICP, Senior Planner presented the subject report. STAFF CONCERNS: 5. Report on Actions taken at the April 20, 1998 City Council Meetinq Elizabeth A. Binsack, Community Development Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Noted that Tustin Pride did some landscaping at the Tustin Boys and Girls Club for Volunteer Connection Day. - Stated that he visited some tracts in Tustin Ranch which were approved since he has been on the Commission and was impressed with the quality. - Reported that the brickwall shrubbery at the corner of Bryan Avenue and Cindy is overgrown. The Director stated that staff would look into the problem. Commissioner Pontious - Stated that the ivy at Nisson is growing very well. Planning Commission Minutes April 27, 1998 Page 5 Chairman Mitzman Asked when Commission terms are expiring and which Commissioners would be affected. The Director stated that at the next City Council meeting, the City Clerk will be asking the Council if they want to extend the Commissioner's terms by seven months or maintain the current term. ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 8:12 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on May 11, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ~Chairman" Planning Commission Secretary