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HomeMy WebLinkAboutPC Minutes 03-24-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 24, 1997 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious INVOCATION: Rev. Kathy Sizer ROLL CALL: Commissioners Present: Lou Bone, Chairman David Vandaveer Steve Kozak Leslie Pontious Absent: Howard Mitzman Staff Present: Elizabeth Binsack, Community Development Director Doug Anderson, Transportation Engineer Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: There were no public concerns. CONSENT CALENDAR: 1. Minutes of the March 10, 1997 Planninq Commission Meetinq. Commissioner Vandaveer moved, Kozak seconded, approval of the Consent Calendar. Motion carried 3-0. Co~mLissioner Pontious abstained due to her absence at the previous meeting. PUBLIC HEARINGS: Variance 94-010, Conditional Use Permit 97-004 and Design Review 97-008 APPLICANT: MURPHY ARCHITECTS 234 E. 17TH STREET, SUITE 200 COSTA MESA, CA 92627 ATTN: MARK MURPHY PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: AL'S WOODCRAFT BILLY F. MATHIS, INC. 1652 BROWNING AVENUE IRVINE, CA 92606 ATTN: BARBARA MATHIS 1471 NISSON ROAD RETAIL COMMERCIAL (C-I) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASSES 1 AND 11) PURSUANT TO SECTIONS 15301 AND 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO: 1) REDUCE THE REQUIRED PARKING FROM 34 SPACES TO 17 SPACES; 2) ESTABLISH AN OUTSIDE SALES AND DISPLAY AREA; AND, 3) MAKE SITE AND BUILDING IMPROVEMENTS Planning Commission Minutes March 24, 1997 Page 2 Recommendation: - That the Planning Commission adopt Resolution No. 3517 approving Variance 94-010, Conditional Use Permit 97-004 and Design Review 97-008. Presentation: Daniel Fox, AICP, Senior Planner The Public Hearing opened at 7:12 p.m. Mark Murphy, Murphy Architects, asked that the term "wrought iron" be deleted from Item F.2 of the Resolution. He clarified for the record that the time frames mentioned in Exhibit A, Item 1.3A would begin after the appeal period for this hearing. He asked when the 20 days would begin as noted in Item 1.3B Daniel Fox, stated that the intent is that once the applicant is informed that all the comments are back, then the 20-day clock would start. Mark Murphy asked if Item 1.3C could be amended to 45 days from 30 days to have more time to review bids from contractors, and, suggested there was a possibility of installing a flagpole and a fountain which may mask some of the noise from Red Hill. Commissioner Bone asked why parking stall Nos. 12 and 13 were turned instead of a straight configuration like Nos. 14 through 17. Daniel Fox stated that handicap space, No. 12, has an eight foot landing zone attached to it and if turned sideways, the landing zone would be in the middle of the drive aisle for spaces 9, 10 and 11. Commissioner Bone asked if the 20 parking stalls across the street which are designated by name for Al's Woodcraft were leased. Barbara Mathis, owner, stated that for the past 6 years they have leased the parking stalls on a month-to-month basis from the Starer Brothers shopping center. Commissioner Pontious asked if there was any signage indicating that this additional parking was available. Barbara Mathis stated that there is a sign near the trash enclosure which indicates "no parking" and additional parking is available across the street. Concerning the two additional parking spaces proposed for this project, she stated there was a reason for the "no parking" sign and that is because vehicles are backed into by delivery trucks and other vehicles. She is not sure if the insurance company will allow parking there even with the wider driveway. Commissioner Bone asked if the two spaces were actually needed. Daniel Fox stated that the project is underparked and the intent is to get the most parking out of the site. With widening of the driveway there would be sufficient distance to accommodate parking, particularly with relocation of the trash enclosure. Commissioner Pontious asked for language to be drafted providing that if the insurance carrier would not insure with the two parking spaces that this condition be waived. The Director stated that the language could be modified but the concern was that if the 20 spaces across the street were lost these two spaces would help to offset the loss. Planning Commission Minutes March 24, 1997 Page 3 Barbara Mathis stated that several times in the past six years she has been asked by the City and Caltrans to close the driveway closest to Red Hill and it was implied that if this was done the City and/or Caltrans would fund widening the back driveway, for ADA compliance. She believes that it is extremely important to have two driveways for truck maneuverability. If they give the front driveway up they would like to take advantage of the offer to improve the driveway in the back. Commissioner Pontious asked if this was an item that would have to go before the City Council. Daniel Fox stated that the ultimate improvements for Red Hill were slated for fiscal year 1999/2000. The improvements for the driveway are necessitated by the applicant's site plan and this plan configuration makes it impossible to keep the driveway open. The requirement for ADA dedication is per City standard. They are not being required to construct the handicap ramp at this time and the City is deferring dedication of any right-of-way except in the case of the new driveway apron. The applicant is benefiting since the use is being intensified and the parking reduced. The City has been very supportive of keeping the business open and deferring enforcement actions over a number of years. The Caltrans improvements have been completed since 1991 and the applicant has been in violation of the zoning ordinance for not providing adequate parking and operating without improved plans. Whether they have one or two driveways, the applicant would still be required to dedicate and reconstruct. Barbara Mathis stated that the plans proposed in the past were totally unrealistic for their business. The Public Hearing closed at 7:51 p.m. Commissioner Pontious moved, Vandaveer seconded, to approve Variance 94-010, Conditional Use Permit 97-004 and Design Review 97-008 by adopting Resolution No. 3517, amended as follows: Item F.2 shall read, "The proposed sales and display area will be screened by a decorative fence with landscaping to create an attractive pedestrian environment." Exhibit A, page 2, Condition 1.3 (c) shall read, "All construction permits shall be obtained from the City within 45 days of being notified by the City that the plans are ready for permit issuance." Condition 2.4 shall read, "Landscaping and irrigation plans shall be submitted consistent with the City's Landscaping and Irrigation Guidelines to the satisfaction of the Community Development Director." Condition 4.1 will remain as stated with a sentence added to read, "If precluded by the applicant's insurance carrier the Community Development Director may waive the requirement. Said preclusion shall be provided in writing." Motion carried 4-0. REGULAR BUSINESS: Status Reports Presentation: Daniel Fox, AICP, Senior Planner Commissioner Vandaveer moved, Pontious seconded, to receive and file this report. Motion carried 4-0. Planning Commission Minutes March 24, 1997 Page 4 STAFF CONCERNS: Report on Actions taken at the March 17, 1997 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Pontious Stated that during her trip to Europe she was surprised to see graffiti, especially in London. She reported that the Tustin High School model U.N. Team was competing in Bath and won the competition. The City provided a plaque for the team which she presented to them. Commissioner Kozak Shared a graffiti article American City and County handwriting on the wall". from the March issue of magazine entitled, "The Reported graffiti on a bench in Old Town at E1 Camino Real and First Street. Reported that the vacant Century 21 sign frame at Holt and Newport has finally been filled. Asked if Relax Max, at 17502 Fourth Street, had permits for signs and banners. The Director stated that the City has issued Relax Max notices of violations and that they are currently operating without the benefit of the appropriate permits. - Wished everyone a Happy Easter. Commissioner Vandaveer Stated that he had filled a request from one of his customers to provide motion sensor automatic sprinklers directed toward a concrete wall and he thought this was an excellent idea to deter graffiti. Reported a banner located on E1 Camino Real at Third Street that is so faded another one was put up next to it. He requested inquiry as to proper permits for this and the proliferation of items for sale at this location which are taking up an entire parking space. Reported on the Walgreens opening; was happy to see another business open and stated that Wahoo's is finally being worked on. He expressed satisfaction at seeing the projects that the Commission approves finally come to completion. Commissioner Bone Reported that he visited the K-Mart location this past Sunday and was unable to walk past the store because of the sidewalk sales items and debris. - Reported a perpetual garage sale at First and E1 Camino. Planning Commission Minutes March 24, 1997 Page 5 ADJOURNMENT: Comunissioner Vandaveer moved, Kozak seconded, meeting at 8:09 p.m. Motion carried 4-0. to adjourn the The next regularly scheduled meeting of the Planning Commission is on April 14, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. BARBARA REYES Recording Secretary LOU BONE Chairman