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HomeMy WebLinkAboutPC Minutes 01-26-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 26, 1998 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 7:00 p.m., City Council Chambers Chairman Mitzman Commissioner Davert Commissioners Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth A. Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Bradley Evanson, Assistant Planner Minoo Ashabi, Assistant Planner Doug Anderson, Traffic Engineer Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. 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 January 12, 1998 Planning Commission Meeting. Commissioner Pontious moved, Commissioner Davert seconded, to approve the' Consent Calendar. Motion carried 5-0. Planning Commission Minutes January 26, 1998 Page 2 PUBLIC HEARINGS 2. Amendment to Conditional Use Permit 93-025 (Continued from meeting of 1-12) APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL DETERMINATION: REQUEST: TODD NIELSEN TUSTIN CARNICERIA JOHN RICHARDSON 15822 PASADENA AVENUE CENTRAL COMMERCIAL DISTRICT (C-2) THIS PROJECT IS A STATUTORY EXEMPTION PURSUANT TO SECTION 15270 (PROJECTS THAT ARE DENIED) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMENDMENT TO CONDITION 3.15 OF PLANNING COMMISSION RESOLUTION NO. 3186 TO ALLOW ONE (1) EXTERIOR PAY PHONE AT 15822-15882 PASADENA AVENUE Recommendation - That the Planning Commission adopt Resolution No. 3571 denying amendment to Conditional Use Permit 93-025. The application was withdrawn at the applicant's request. 3. Amendment to Conditional Use Permit 93-027 APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JOHN CALDWELL MICRO CENTER CATELLUS DEVELOPMENT CORPORATION 1100 EAST EDINGER AVENUE PLANNED COMMUNITY-INDUSTRIAL (PC-IND), PACIFIC CENTER EAST SPECIFIC PLAN, REGIONAL CENTER (PA-6) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1, MINOR ALTERATIONS TO EXISTING PRIVATE FACILITIES) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO ALLOW ADDITIONAL SIGN COPY ON THE SOUTH AND WEST ELEVATIONS OF THE TOWER ELEMENT SIGNS Recommendation - That the Planning Commission adopt Resolution No. 3574 approving Amendment to Conditional Use Permit 93-027. Bradley Evanson, Assistant Planner presented the subject report. The Public Hearing opened at 7:03 p.m. The Public Hearing closed at 7:04 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3574 approving Amendment to Conditional Use Permit 93-027. Motion carried 5-0. Planning Commission Minutes Janua~ 26,1998 Page 3 4. Amendment to Conditional Use Permit 95-001 APPLICANT: PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FIRST KOREAN BAPTIST CHURCH OF TUSTIN DONALD H. CHAPMAN JR. CHAPMAN PROPERTIES 14272 CHAMBERS ROAD PLANNED COMMUNITY-INDUSTRIAL, COMPLEX IRVINE INDUSTRIAL A NEGATIVE DECLARATION WAS PREPARED FOR THE ORIGINAL PROJECT IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). NO ADDITIONAL DOCUMENTATION IS REQUIRED. TO ELIMINATE CONDITION 3.1 OF PLANNING COMMISSION RESOLUTION NO. 3383 REQUIRING CONSTRUCTION OF A MINIMUM FIVE (5) FOOT WIDE UTILITY CLEAR SIDEWALK' ALONG THE CHAMBERS ROAD FRONTAGE. Recommendation - That the Planning Commission adopt Resolution No. 3575 denying Amendment to Conditional Use Permit 95-001. Minoo Ashabi, Assistant Planner presented the subject report. The Public Hearing opened at 7:06 p.m. Pastor Ki Sul Lee, applicant, stated that the property owner will not extend the church's lease if the church does not install the sidewalk. He noted that the church cannot afford to install the sidewalk at this time. Commissioner Browne asked the applicant for the square footage of the church. Pastor Lee responded approximately 3,000 square feet. Chairman Mitzman asked the City Attorney about the laws for making exceptions due to financial hardship. Lois Bobak stated that the Commission should not consider self-generated hardships when making a decision. Commissioner Pontious stated that the City makes the sidewalk requirement with the landowner although the agreement implicates the church as the responsible party. Lois Bobak stated that the property owner incorporated modifications into the standard agreement from the city which tie the sidewalk requirement to the tenant. Commissioner Browne asked the pastor if any of the church members park their cars in' the adjacent parking lot and use the sidewalk. Pastor Lee responded that no one parks in the adjacent lot and the church only uses half of their 68 parking spaces. Commissioner Browne asked the applicant if any members walk from home to the church. Pastor Lee responded negatively. Commissioner Davert stated he believed it was unfair to require the tenant to modify the sidewalk. Planning Commission Minutes Janua~ 26,1998 Page 4 The Director indicated that this appeared to be in the lease negotiations and appears that the church must have agreed to this when they entered into the lease. Chairman Mitzman asked what has happened with other properties on the street. Doug Anderson stated that the City has acquired these agreements from the properties as they pull permits, tenant improvements, and conditional use permits and the property owner has the option to construct the sidewalk at that time or enter into an agreement which is open ended. He further stated that this project would cost approximately $5,000. Commissioner Davert asked when the city expects buildout of the area. Doug Anderson responded about 2005. Commissioner Browne asked the applicant when worship services are held. Pastor Lee responded that services are on Sunday at 11:00 a.m., Wednesday night at 7:30 p.m., and Friday at 8:30 p.m. The Public Hearing closed at 7:19 p.m. Commissioner Kozak stated that he would like to extend flexibility to the church but not eliminate the condition. The Director stated that staff would need to meet with the property owner because the applicant stated that an extension of the agreement is not acceptable. Commissioner Pontious suggested that the item be continued and asked staff to contact' the property owner. Pastor Lee stated that the landlord understands the condition can be imposed at a later time if the tenant moves out. Chairman Mitzman indicated that he did not want to get involved in a lease negotiation. Commissioner Davert stated he would like to grant relief to the church. Daniel Fox indicated that staff would need time to meet with the property owner and that Engineering was willing to grant an administrative extension which does not require Planning Commission consideration. Commissioner Pontious moved, Commissioner Davert seconded, to continue the item to the February 23, 1998 Planning Commission meeting to allow staff to meet' with the property owner. Motion carried 5-0. REGULAR BUSINESS: 5. Status Reports Daniel Fox, AICP, Senior Planner presented the subject report. Commissioner Davert moved, Chairman Mitzman seconded, to receive and file the report. Motion carried 5-0. Planning Commission Minutes January 26, 1998 Page 5 STAFF CONCERNS: 6. Report on Actions taken at the January 5, 1998 City Council Meeting. Elizabeth A. Binsack, Community Development Director reported on the subject agenda. Commissioner Davert moved, Commissioner Pontious seconded, to receive and. file the subject agenda. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Pontious Asked if there was a mechanism in place to address existing neon signs in disrepair and could staff codify for the future. The Director responded that non-functioning signs would be treated as a nuisance under maintenance provisions of the sign code and staff is bringing a report to the Commission regarding neon signs. Commissioner Kozak height restrictions. The Director responded that the addition height meets the District's standards. Commissioner Browne Asked staff for information on the Key Inn addition and if there were any is to house a stealth cell site and the Noted that he had encountered problems at the Edinger off-ramp from the northbound SR-55 but he spoke with Doug Anderson who indicated that there had not been an appreciative number of accidents in the area. Commissioner Davert Stated that Chairman Mitzman, Commissioner Browne and he attended the. Economic Development Council meeting last Thursday and Christine Shingleton gave a detailed overview of the scheduling for the base and he found it very helpful. The Director indicated that she would obtain copies of the printed material from the Economic Development Council meeting for all the Commissioners. Chairman Mitzman - Inquired about the fire on Nisson Road. The Director responded that the fire at 1602 Nisson Road involved six units with one unit completely destroyed and four families were displaced. Asked about the status of the blue tarps at Sycamore Glen and if the tarps could be color coated to match the roof in the future. The Director responded that the project has gone through the mandatory settlement process and she did not believe the tarp industry manufactures in other colors. Planning Commission Minutes January 26, 1998 Page 6 ADJOURNMENT: Commissioner Davert moved, Commissioner Pontious seconded, to adjourn the meeting at 7:38 p.m. Motion carried 5-0. If necessary there will be a MCAS Specific Plan/Reuse Plan Workshop on Chapters 4-5 at 6:00 p.m. on February 9, 1998, City Council Chambers, 300 Centennial Way, Tustin. A regular meeting of the Planning Commission will be held on February 9, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. PLANNING COMMISSION SECRETARY ..---- ~ ,..-? HOWARD MFZMAN CHAIRMAN