Loading...
HomeMy WebLinkAboutPC Minutes 01-22-96MINUTES TUSTIN PLANNING COI~ISSION JANUARY 22, L996 CALL TO ORDER: 7:00 p.m., city Council Chambers PLEDGE OF ALLEGIANCE/INVOCaTION ROLL CALL: Present: Bone, Kasalek, Mitzman and Vandaveer Absent: Lunn PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE YELLOW CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. 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.) X. Minutes of the January 8, 1996 Planning Commission Meeting. Commissioner Bone moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 4-0. THERE ARE NO PUBLIC HEARINGS SCHEDULED FOR THIS MEETING Planning Commission Minutes January 22, 1996 Page 2 REGUL~.R BUSINESS: Z. Use Determination 96-001 APPLICANT: PROPERTY/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MS. MINA GHAREKHANI ATTN: MIKAEL RASOLI 18062 IRVINE BOULEVARD, SUITE 107 TUSTIN, CALIFORNIA 92680 MR. ERNIE CAPONERA GRACELAND PROFESSIONAL BUILDING 18062 IRVINE BOULEVARD, SUITE 300 TUSTIN, CA. 92680-3339 18062 IRVINE BOULEVARD, SUITE 107 RETAIL COMMERCIAL (C-i) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO DETERMINE THAT AUTOMOBILE BROKERAGE BUSINESS IS ALLOWED WITHIN THE RETAIL COMMERCIAL (C-i) DISTRICT AS AN OUTRIGHT PERMITTED USE Recommendation Pleasure of the Commission. Presentation: Robert Delgadillo, Assistant Planner Commissioner Bone inquired if the applicant was currently in this type of business and if so, at what location the vehicles would be stored. Staff responded that this was the applicants first location and that the applicant had not indicated a permanent storage location. Ernie Caponera, stated that as building owner his primary interest was to lease as much office space as possible and his secondary interest was to have tenants that are compatible with each other. His own insurance business is also located in the building. He stated that he requires his tenants to agree in writing to a number of things which he personally oversees and monitors. He believes that this tenant plans to make appointments with prospective clients to show vehicles and there would no overnight parking. He urged the Commission to help promote the business level of Tustin by allowing this use. Mikael Rasoli, applicant, stated that he agreed with everything in the staff report and will not store vehicles at the location. Most of the time the office will be closed since they attend auctions most of the week. If vehicles are to be sold on weekends they would be advertised in the Register. Commissioner Bone stated he had a problem with vehicles parked on the site and coming and going. He envisions many vehicles at the property all at once which would lead to a traffic and safety hazard. He referred to the staff report stating that if the determination was made to allow this use it would open it up to the entire City and he cannot support it. Further, he does not want this area opened up as a used car lot. Ernie Caponera, stated that he thought he had made it clear that there will never be more than two vehicles at a time at the location and he feels there would be less traffic with this use than with any other type of tenant. There would be no vehicles parked over the weekend and if they were the impact would be minimal since the other tenants would not be there. Planning Commission Minutes January 22, 1996 Page 3 CommSssioner Mitzman asked how the tenant was going to sell any vehicles if he never intends to be in the office. Ernie Caponera, stated that the tenant would sell vehicles by appointment only. Commissioner ~asalek stated that approval of this request would open up all the districts to have the same type of business and had a potential for problems all over the City. Commissioner MStzman concurred that approval this use is an opening for problems down the road and he also does not like this particular location for this type of business. He sees potential for leaving vehicles on the site. Commissioner Vandaveer also is not in favor of the request and wondered how and when a vehicle would be removed from the property if it broke down. Commissioner Kasalek concerned about the well being of the City and the potential problems and also feels that this location is totally unsuitable for this type of business. She cannot support the project. Ern~e Caponera stated he was astonished at the comments and feels the Commission is not being business friendly. He does not feel there will be a problem with vehicle storage. Commiss$oner Kasalek explained to the applicant that this determination was not only to determine his situation but would establish a precedent and was a larger issue involving the entire City. The Director stated that there was a difference between an auto broker and an auto dealer and that the applicant has stated on record that he was a used auto dealer. Commissioner Bone moved, Vandaveer seconded, to dete~mine by Ninute Order that an automobile broker office vith on-site vehicles is not similar to any other listed uses in the C-X (Retail Commercial) ~oning District as auto dealers are listed in the C-Z and CG Districts and alloyed vith the approval of a Conditional Use Permit and therefore, this request is denied. Motion carried 4-0. 3. Status Reports Receive and File Cgmm~ssioder Ni~zman moved, Vandaveer seconded to receive and file this report. Notion carried 4-0. STAFF CONCERNS: 4. Report on Actions taken at the January 15, 1996 City Council Meetinq. Htaff reported on the subject agenda. Planning Commission Minutes January 22, 1996 Page 4 CO~L~ZSSZON CONCERNS: Commissioner Vandaveer Welcomed newly appointed Community Development Director, Elizabeth Binsack. Reported that he attended the League of Cities Planning Commission orientation in San Diego and had brought back information on the Brown Act and CEQA. He now feels he has a much more clear understanding of this legislation. He will provide copies to any of the other Commissioners upon request. Expressed concern at the flooding at E1 Camino Real and Red Hill Avenue this past weekend and asked if this was something the City was supposed to take care of. Staff stated that the City is planning future roadway improvements at this intersection which would deal with the problems of grade and water collection but that this project is 18-24 months away from construction. The concern will be forwarded to the Public Works Department. Commissioner Bone - Also welcomed the new Director of Community Development. Asked if notices for League of Cities meetings could be received any sooner than a week prior to the meetings. Staff stated that this concern has been expressed to the League and will now be put in formal written communication to them. It was suggested that the communication be signed by the Planning Commission Chairperson. Commissioner Mitzman Welcomed Elizabeth Binsack as Director of Community Development. Congratulated staff for the improvements at Pine Tree Park. He is pleased with the circulation through the area. Commissioner Kasalek Welcomed Elizabeth Binsack, thanked Christine Shingleton, and wished her well on her move as Assistant City Manager. Congratulated Lois Bobak, Deputy City Attorney, for having been made a partner in her law firm. Inquired about the status of the commuter rail station. Staff stated that the property owner had made a last minute offer which was rejected by the City since it would have cost fifty thousand dollars annually in contributions towards landscaping and other maintenance. The property was then sold as part of a bulk sale and now the City will have to re-initiate the acquisition process. The value of the property as recorded may now be lower since it was part of a bulk sale. The property will have to be reappraised and the new owners issued a notice of intent to acquire after which the City will make an offer to the property owner. Expressed thanks to Doug Anderson, Traffic Engineer, for the rail improvements at the spur line on Walnut Avenue. Planning Commission Minutes January 22, 1996 Page 5 ADJOURNMENT Commissioner Va~daveer moved, Mitzman seconded, to adjourn the meeting at 7=40 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on February 12, 1996 beginning at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Recording Secretary