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Home My WebLink AboutPC Minutes 08-12-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 12, 1996 RECEPTION FOR OUT~OING AND INCOMING PLANNING COMMISSION MEMBERS 6:00 P.M., OUTSIDE PATIO AREA AT REAR OF COUNCIL CHAMBERS. CALL TO ORDER: 7:05 p.m., City Council Chambers PLEDGE OF ALLEGIANCE - Commissioner Vandaveer INVOCATION - Commissioner Kasalek ROLL CALL: Commissioners Present: Marjorie Kasalek, Chairwoman Lou Bone, Vice Chairman Howard Mitzman Dave Vandaveer Absent: Nanette Lunn Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Greg Gubman, Associate Planner Sara Pashalides, Associate Planner Barbara Reyes, Planning Commission Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) There were no public concerns, 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 July 22, 1996 Planning Commission Meeting. Commissioner Vandaveer moved, Mitzman seconded to approve the minutes of July 22, 1996. Motion carried 4-0. 2. Approval of Conditional Use Permit 96-007 to establish a wireless communication facility for Personal Communications Services Network by adoption of Resolution No. 3458. Commissioner Vandaveer moved, Mitzman seconded, to approve Conditional Use Permit 96-007 by adopting Resolution No. 3458. Motion carried 3-0. Commissioner Bone abstained due to conflict of interest. Planning Commission Minutes August 12, 1996 Page 2 3. Seatinq of Commissioners Pontious and Kozak Commissioner Kasalek expressed thanks to staff for their assistance during her tenure on the Commission and expressed her appreciation of present and former Commissioners whom she had served with in the past six years. Commissioners Pontious, Kozak and Mitzman were sworn in by the Recording Secretary and seated on the Commission. Commissioner Kasalek stepped down. 4. Planninq Commission Reorqanization Recommendation - That the Planning Commission follow procedures contained in the staff report to elect a Chairperson and Chairperson Pro-Tem. Chairman Pro-Tem Bone, welcomed the new Commissioners and stated that Marge Kasalek, the outgoing Chairwoman of the Planning Commission, has set an example for all to follow and thanked her for serving the community of Tustin. He stated that Commissioner Lunn, absent for medical reasons, will also be missed, having served two years and given the Commission much useful insight during her tenure. Chairman Pro-Tem Bone opened nominations for Chairperson of the Planning Commission. Commissioner Vandaveer nominated Commissioner Bone to serve as Chairman. There were no further nominations. Motion carried 5-0. Chairman Bone opened nominations for Chairperson Pro-Tem of the Planning Commission. Commissioner Pontious nominated Commissioner Vandaveer to serve as Chairman Pro-Tem. There were no further nominations. Motion carried 5-0. PUBLIC HEARINGS: 5. Continuation of Consideration to Revoke Conditional Use Permit 94-026. Continued from Planninq Commission Meeting of February 12, 1996. APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. ABDUL JIWA 14702 NEWPORT AVENUE TUSTIN, CA 92680 MR. MERLE S. GLICK 1134 S ROBERTSON BLVD. LOS ANGELES, CA 90035 14702 NEWPORT AVENUE RETAIL COMMERCIAL (C-i) DISTRICT THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15321 ENVIRONMENTAL QUALITY ACT. DETERMINED TO BE 21) PURSUANT TO THE OF THE CALIFORNIA Recommendation - That the Planning Commission terminate procedures for revocation of Conditional Use Permit 94-026 by minute order. Presentation: Sara J. Pashalides, Associate Planner Commissioner Kozak inquired what information staff would be returning to the Commission within two weeks. Planning Commission Minutes August 12, 1996 Page 3 Sara Pashalides stated that if the Business License issue could not be resolved a recommendation of revocation would be suggested or termination of the proceedings for revocation. The Public Hearing opened at 7:15 p.m. Mohammed Yousuf, current owner of the business, 14702 Newport Avenue, Tustin, stated he was not aware that the applicant had terminated the business license and that he would try to resolve the problem within two weeks. The Public Hearing closed at 7:16 p.m. Commissioner Pontious moved, Vandaveer seconded, to continue this item to the Planning Comm{ssion meeting of August 26, 1996. Motion carried 5-0. 6. Conditional Use Permit 96-021 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SUZANNE AND WINSTON VERDULT WINSTON'S ESTATE GALLERY 13011 NEWPORT AVENUE, SUITE 111 TUSTIN, CA 92780 BURNETT DEVELOPMENT CORPORATION 13011 NEWPORT AVENUE, SUITE 111 TUSTIN, CA 92680 13011 NEWPORT AVENUE, SUITE 111 CENTRAL COMMERCIAL (C-2) TOWN CENTER REDEVELOPMENT PROJECT AREA THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO ESTABLISH PAWNBROKING SERVICES LIMITED TO JEWELRY AND COLLECTIBLES WITHIN AN RETAIL BUSINESS. Recommendation - That the Planning Commission approve Conditional Use Permit 96-021 by adopting Resolution No. 3461, as submitted or revised. Presentation: Greg Gubman, Associate Planner Commissioner Mitzman abstained due to a conflict of interest. Commissioner Vandaveer questioned Condition 2.1 of Resolution 3461 which states that a secondary business could not occupy more than 49% of the total floor area. He also asked if an item came out of pawn and was sold did it then go to the retail side. Greq Gubman stated that 49 percent is a historical number used by the City to indicate subordinate business use. As an antique store the business has the ability to accept consignments or outright purchases. Commissioner Bone asked if the liquid asset statement had been approved and inquired if cameras and electronic equipment referred to TV's, VCR's and video cameras as listed in Item 3 of the staff report. Greq Gubman stated that the License and Permit Board accepted the statement as one of the conditions of approval and that the Department of Justice had notified the Police Department of the statement acceptance. He affirmed that Item 3 did cover TVs, VCRs and video cameras. The Public Hearing opened at 7:22 p.m. The Public Hearing closed at 7:22 p.m. Planning Commission Minutes August 12, 1996 Page 4 Cnmm~ssioner Pontious moved, Vandaveer seconded, to approve Conditional Use Permit 96-021 by adopting Resolution No. 3461 as submitted. Motion carried 4-0. Commissioner Mitzman abstained due to conflict of interest. REGULAR BUSINESS: 7. Status Report on Pankey Pole Siqns Presentation: Daniel Fox, AICP, Senior Planner Commissioner Vandaveer abstained due to conflict of interest. Commissioner Bone asked if there was anything the City could do to help Mr. Pankey obtain the triangular parcel owned by Caltrans. Dan Fox stated the City could certainly look into the possibility of helping Mr. Pankey obtain the Caltrans parcel especially as development proposals unfold. Commissioner Bone asked what happened with progress on obtaining the Drug Emporium property. Carl Greenwood 440 West First St., Tustin, stated that this issue was part of the whole process in terms of negotiations. He stated negotiations would be difficult to accomplish because of the way the lease is structured. Mr. Greenwood stated he has hired another firm to do a study to determine a creative way to accomplish this acquisition. Commissioner Kozak asked if there were any plans to redevelop the property directly across from the Shell Station. Dan Fox stated that staff had not received any interest in development of this property. Commissioner Pontious moved, Kozak seconded, to continue this item to a Planning Commission meeting in February 1997. Motion carried 4-0. Commissioner Vandaveer abstained due to conflict of interest. STAFF CONCERNS: Report on Actions taken at the Auqust 5, 1996 City Council Meeting. Presentation: Elizabeth A. Binsack, Community Development Director The Director announced a day long Planning Commission and Planners forum established by the Orange County Planning Directors Association for the purpose of educating new Commissioners and updating experienced Commissioners on Orange County issues. The date is Thursday, October 10, 1996 from 9:00 a.m. to 4:30 p.m., including a lunch, at the Anaheim Convention Center. She asked if any of the Commissioners were interested to let her know at their earliest convenience. Commissioner Vandaveer stated he would be unable to attend due to a Tustin Tiller Days meeting. Commissioner Bone expressed interest in attending and the remaining Commissioners will check their calendars and respond to the Director. COMMISSION CONCERNS: Commissioner Pontious Stated she was looking forward to an interesting and challenging term and to working with everyone. Commissioner Mitzman - No comments Planning Commission Minutes August 12, 1996 Page 5 Commissioner Kozak Congratulated Commissioner's Bone and Vandaveer on their election as Chairman and Chairman Pro-Tem respectively and stated that he was looking forward to working with the Commission and staff. He thanked the Director for time spent in orientation and felt it was a good way to begin his position. Commissioner Vandaveer Thanked the Commissioners for his election as Chairman Pro-Tem. Stated there was a continual garage sale at 135 E1 Camino Real and asked to have the property owner given a copy of the regulations regarding garage sales. Inquired when the trees in Old Town would be sprayed since there is a proliferation of insects at the present time. Congratulated Commissioner Bone on his election as Chairman and welcomed the new Commissioners. Commissioner Bone Welcomed the new Commissioners and stated he was looking forward to working with them and thanked them for their confidence in him by his election as Chairman. Thanked staff for the new Planning Commission agenda books. Thanked Code Enforcement for their work with the ARCO Station at Newport and Mitchell, stating the site looks good. Stated that he has asked the Director to present a report at the next Planning Commission meeting concerning the new FCC rules adopted on TV antenna placement. ADJOURNMENT: Co ...... issioner Vandaveer moved, Pontious seconded, meeting at 7:35 p.m. Motion carried 5-0. to adjourn the The next regularly scheduled meeting of the Planning Commission is on August 26, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Recording Secretary LOU BONE Chairman