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HomeMy WebLinkAboutPC Minutes 06-24-96 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JUNE 24, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE LED BY COMMISSIONER BONE INVOCATION - COMMISSIONER KASALEK ROLL CALL: Commissioners Present: Marjorie Kasalek, Chairwoman Lou Bone, Vice Chairman David Vandaveer Howard Mitzman Absent: Nanette Lunn Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Sara Pashalides, Associate Planner Greg Gubman, Associate Planner Rosa Ceja, Assistant Planner Kathleen Martin, Planning Commission Recording Secretary PUBLIC CONCERNS: No one from the audience addressed the Commission. CONSENT CALENDAR: 1. Minutes of the June 10, 1996 Planninq Commission Meetinq. Commissioner Bone moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS: 2. Conditional Use Permit 96-008 APPLICANT: PROPERTY: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RICHARD GRAFF 20/20 RECYCLE CENTERS 1731 POMONA ROAD CORONA, CA. 91720 SIDNEY MANDEL % LUCKY STORES P.O. BOX BB DUBLIN, CA 94568 13720 NEWPORT AVENUE RETAIL COMMERCIAL (C-I) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1), PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO ESTABLISH ANATTENDED SMALL RECYCLING COLLECTION FACILITY IN THE PARKING AREA OF AN EXISTING SHOPPING CENTER. Planning Commission Minutes June 24, 1996 Page 2 Recommendation -That the Planning Commission approve Conditional Use Permit 96-008 by adopting Resolution No. 3455, subject to the conditions attached in Exhibit A. Presentation: Sara Pashalides, Associate Planner Commissioner Bone asked if moving the location of the bin had been discussed with the applicant. Sara Pashalides indicated that she spoke with the applicant and they are willing to relocate the bin in line with the store and the vending machines. Commissioner Vandaveer asked if the cans would be crushed or stored in the bin. Sara Pashalides stated that she believed the cans remain in the bin whole. There are no mechanical devices in the bin. She indicated that the Commission should direct that question to the applicant. The Public Hearing opened at 7:10 p.m. Joan Zousel, 1191 E. First Street, stated that the residents in Broadmoor already have problems with people in the trash bins at night. She is concerned that if the bin and igloos are put by trash bins, there will be more people in the area at night. She asked if the bin would be fenced at night. She would like the bin moved closer to Newport and not closer to the Broadmoor complex. Richard Graff, applicant for 20/20 Recycle Centers, stated he was available to answer any questions. Commissioner Vandaveer asked the applicant if cans would be crushed at the bin or is there any sound involved with the operation of the center? Richard Graff replied that there is no noise relative to the crushing of cans at the center. Commissioner Mitzman asked why the applicant is changing to this new system versus the existing vending machines at the store. Richard Graff stated that there were two reasons: First, even though the machines were technically advanced, they required considerable labor. The machines are equipped with computers and modems and had a tendency to break down. When the machines are not working, the store is legally required to bring containers left at the machines into the store. The store also had to clean shopping carts that were soiled with syrup. Second, as of May 22, 1996, 20/20 Recycle Centers took over operations from Environmental Products. Environmental Products owned the vending machines. Acquisition of the sites did not include equipment. Environmental Products will be removing the machines and will not be selling them to 20/20 Recycle Centers. Commissioner Kasalek was concerned about the hours for exchanging the bins. Since the applicant has asked for the hours of 5:00 - 7:00 p.m.; is that a guarantee that the exchanges will be done by 7:00 p.m. Planning Commission Minutes June 24, 1996 Page 3 Richard Graff noted that when staff originally asked for the hours of 8:00 a.m. to 11:00 a.m. he believed that was fine. He subsequently spoke with the company's transportation department and found that they would have to rearrange their schedules to make the pick up at this store. The hours of 5:00 p.m. - 7:00 p.m. are more aligned with their schedules. Commissioner Bone noted that it takes approximately 20-25 minutes to exchange a bin. The Public Hearing closed at 7:15 p.m. Commissioner Bone stated that he wanted to address the resident's concern about the placement of the bins. He had a concern with these type of recycle bins. However, State law requires these facilities. The City has to have the bins at a half mile radius or half hour radius. There are nine (9) zones in Tustin and we currently have three (3) facilities. He stated that he did not think moving the bin closer to Newport Avenue was fair to the future tenant in the Coldwell Banker building. He would like to see the bin moved near the trash cans. He felt that there would not be any more noise than what is taking place now. This bin is taking away five parking spaces from the location. He noted that at the Ralph's shopping center on Red Hill, traffic congestion is a problem when people bring in their recyclables. He has seen homeless people at the bins. Commissioner Bone recommended a change to the conditions to add steam cleaning and a time change. Commissioner Vandaveer asked if the placement by the trash bins would block the store's loading area. Commissioner Bone stated that he was at the store and witnessed a 16-wheeler being unloaded and there was still plenty of room. The 16-wheeler was approximately 10 feet from the wall. Commissioner Vandaveer For the record, Commissioner Bone has recommended placement of the bin between the trash bins in the first line of parking stalls. Commissioner Vandaveer stated he would like to see the facility located in the first line of parking stalls. He believes relocation near the trash bins could become a problem. Further, the bins can be better monitored from the street if they are located in the first line of parking stalls. Commissioner Kasalek stated that if the bins are placed by the trash bins, they may become more of a vagrant dumping problem. She would, however, like to see the bins located further away from the Coldwell Banker building, and in view of the people collecting carts. Commissioner Mitzman questioned the future maintenance and if there is adequate lighting at the site. Sara Pashalides indicated that the center would not be open at night. Commissioner Mitzman stated he felt that people could still congregate at night and has a concern with people sleeping next to the bins. Commissioner Bone stated that he has seen people sleeping near the bins at the Ralphs market on Red Hill. He did not feel that lighting will deter vagrants. He stated that the vagrants are bringing cans and waiting for the recycle center to open. Planning Commission Minutes June 24, 1996 Page 4 Commissioner Mitzman concerned that if the bins are moved too far to the back of the site, the police will not be able to view the bins from the street. He felt that placement in the middle would be a better approach. Commissioner Kasalek asked for clarification of the facility location on the site plan. Sara Pashalides indicated that the crosshatched area Commissioner Kasalek is referring to is 13 parking spaces. Sara suggested the addition of conditions requiring the facility be moved to the most easterly five parking spaces. The Public Hearing opened at 7:21 p.m. Richard Graff indicated that the location is acceptable. Commissioner Kasalek asked how often steamcleaning will be done. Richard Graff stated that the facilities are cleaned every 30 days. The bins are locked when they are not in use. He noted that there are fewer problems with break-ins when the bins are in a more visible location. Commissioner Vandaveer inquired about the ease of break-in on the bells. Richard Graff stated that the bells are not as secure as the bins; however, there is nothing of value in the bells. There is only glass in the bells. Glass has very little value. Breaking into the bells is very difficult. The Public Hearing closed at 7:25 p.m. Commissioner Vandaveer moved, Conditional Use Permit 96-008 revised as follows: Mitzman seconded to approve by adopting Resolution No. 3455 Condition 2.3 for first sentence should read: "All materials shall be stored within the container. It shall be the operator and host store's responsibility to ensure that no materials of any kind are stored outside at any time, including when the facility is closed for business. Last sentence to be added as follows: "This shall include steam cleaning at a minimum every 30 days." Condition 2.5 last sentence to read as follows: "The transfer of bins shall occur only between the hours of 8:00 to 10:00 a.m. or 5:00 to 7:00 p.m." Add new Condition 2.6 to read as follows: "The maintenance of the immediate vicinity of the site will be regularly monitored to ensure compliance with condition 2.3 above. The City may require steam cleaning or other type of maintenance to ensure area is free of pests, vermin and odors. Failure to maintain the facility and vicinity may be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures and may result in revocation of use permit." Add new Condition 2.7 to read as follows: "The recycling facility shall be relocated to the five (5) most easterly parking spaces along the north property line." Motion carried 4-0. Planning Commission Minutes June 24, 1996 Page 5 Conditional Use Permit 92-006 and Desiqn Review 92-015 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MIKE GRAVITT THE BARN RESTAURANT 14982 RED HILL AVENUE TUSTIN, CA 92680 BORCHARD REDHILL KOLL BUSINESS CENTER, LTD. 1582 PARKWAY LOOP TUSTIN, CA 92680 ATTN: SCOTT FLEMER 14982 RED HILL AVENUE INDUSTRIAL (M) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO PROVIDE OUTDOOR SEATING AT AN EXISTING RESTAURANT. Recommendation -That the Planning Commission approve Conditional Use Permit 92-006 and Design Review 92-015 by adopting Resolution No. 3454. Presentation: Greg Gubman, Associate Planner Commissioner Bone asked about the height and setback along the Edinger side. Greq Gubman stated that the setback is 15 feet from the property line and the fence is six feet tall on the south side. Commissioner Bone stated that he liked Attachment B on 2.4., and asked if the northside seating area is facing the residential area. He stated his concerns related to the adjacent residences. He would like to see the operating hours split whether it be 7:00 p.m. or 8:00 p.m. He stated there should be landscaping buffering added in front of the parking area. Greq Gubman stated that a condition can be incorporated to require landscaping. Commissioner Vandaveer asked why the restaurant is closing at dusk. He stated there would be more noise from the railroad than the restaurant. He felt that 8:00 p.m. would be a sufficient closing time. He felt that splitting time would be difficult for the restaurant staff. The Public Hearing opened at 7:37 p.m. The Public Hearing closed at 7:38 p.m. Commissioner Kasalek stated that the railroad is noisy but that it comes and goes. She stated that from where she lives, activity at the base can be heard. She had concerns related to the outdoor seating permitted too late and was concerned with the term dusk. Commissioner Bone stated that 8:00 p.m. is an appropriate closing time. Commissioner Vandaveer inquired if the Edinger side outdoor seating could run all night and if there is adequate lighting for this. Planning Commission Minutes June 24, 1996 Page 6 Greq Gubman stated that the applicant is using a low bollard type of lighting. Daniel Fox , Senior Planner, indicated that the pedestrian and parking areas would need to meet the security code for lighting. Even at 8:00 p.m. during the winter time, they will have to provide adequate lighting. Commissioner Bone stated that there is plenty of lighting in the parking lot which would also provide lighting in the seating area. Commissioner Bone inquired as to what would happen if the applicant puts in the outdoor seating and leaves the parking to the end of the project and does not complete this part of this project. Elizabeth Binsack, Community Development Director, stated that the applicant would not receive a final planning or building sign-off from either division. If they proceed without complying with the conditions of approval, the Commission could revoke the permit. Commissioner Kasalek concurred with the clause in the conditions that prohibited "Mardi Gras or fraternity row" Greq Gubman stated that the condition was requested by the Police Department. Commissioner Vandaveer moved, Bone seconded to approve Conditional Use Permit 92-006 and Design Review 92-015 by adopting Resolution No. 3454 revised as follows: Add Condition 2.18 to read: "The undeveloped easterly portion of the subject property shall be hydroseeded and maintained by an automatic irrigation system adequate to serve the entire hydroseeded area. Landscaping and irrigation plans for said area shall be submitted in accordance with Condition 2.15." Add Condition 9.7 to read: "Outdoor seating and dining service in the north patio area shall cease operations at 8:00 p.m. Operating hours in the south patio and deck area shall be limited to the operating hours of the restaurant." Motion carried 4-0. 4. Variance 96-004 OWNER: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STATE OF CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM 1601 RESPONSE ROAD #300 SACRAMENTO, CA 95815 INSIGNIA*O'DONNELL COMMERCIAL GROUP 2201 DUPONT DRIVE, STE. 100 IRVINE, CA 92715 ATT: JAMES WESTLING 1150 VALENCIA AVENUE INDUSTRIAL (100 M 20,000) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO CONSTRUCT A TEN (10) FOOT HIGH WALL/FENCE AND SECURITY GATES AT THE SIDE OF AN EXISTING INDUSTRIAL BUILDING. Recommendation - That the Planning Commission approve Variance 96- 004 by adopting Resolution No. 3453. Presentation: Rosa Ceja, Assistant Planner Planning Commission Minutes June 24, 1996 Page 7 Commissioner Kasalek question. asked for clarification of the fencing in Rosa Ceja stated that the Variance is requested for the front fencing area. The Public Hearing opened at 7:45 p.m. The Public Hearing closed at 7:45 p.m. Commissioner Mitzman moved, Vandaveer seconded to approve Variance 96-004 by adopting Resolution No. 3453 as submitted. Motion carried 4-0. REGULAR BUSINESS: 5. Use Interpretation 96-003 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CALIFORNIA PACIFIC HOMES 1 CIVIC PLAZA, SUITE 275 NEWPORT BEACH, CA 92660 ATTN: WILLIAM L. MOORHOUS LOT 27, TRACT 13627 (PORTOLA PARKWAY, JAMBOREE ROAD, TUSTIN RANCH ROAD) EAST TUSTIN SPECIFIC PLAN; MEDIUM-HIGH RESIDENTIAL DENSITY THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO DETERMINE THAT THE FRONT YARD SETBACKS CAN BE MEASURED FROM THE BACK OF SIDEWALK HATHER THAN RIGHT-OF-WAY LINE Recommendation - That the Planning Commission continue this item to the July 8, 1996 Planning Commission Meeting at the applicant's request. Commissioner Bone moved, Vandaveer seconded to continue this item to the July 8, 1996 Planning Commission Meeting at the applicant's request. Motion carried 4-0. 6. Status Reports Recommendation - Receive and file. Coa-~issioner Bone moved, Vandaveer seconded to receive and file the Status Reports. Motion carried 4-0. STAFF CONCERNS: 7. Report on Actions taken at the June 17, 1996 City Council Meetinq. Staff reported on the subject agenda. Staff noted that the appeal of the Bramalea project is scheduled for the next City Council meeting on July 1, 1996. COMMISSION CONCERNS: Commissioner Bone Complemented the parking control officer for her work. He witnessed her ticketing many vehicles at the Lucky store on Newport Avenue for having "For Sale" signs. Planning Commission Minutes June 24, 1996 Page 8 Stated that there were vehicles being parked with "For Sale" signs at the closed restaurant at E1 Camino Real and Red Hill. Large trucks are also being parked there. The Director stated that this would be investigated. Tustin Pride Committee will be having Angels in Tustin on July 20th wherein a home belonging to an elderly or handicapped resident will be repaired and rehabilitated. He urges everyone in Tustin to get involved with the program. Commissioner Mitzman - Will not be at the next Planning Commission meeting. Commissioner Vandaveer Noted that the Tustin Chamber of Commerce will be installing the man of the year on Saturday the 29th of June. ADJOURNMENT: Commissioner Vandaveer moved, Mitzman seconded to adjourn the meeting at 7:54 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on July 8, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. M~R~F~i~KA--SALE~/ Chairwoman BARBARA REYES Recording Secretary