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HomeMy WebLinkAboutPC Minutes 01-08-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 8, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Lunn, Mitzman, Vandaveer Bone and 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 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 YOUP. 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.) 1. Minutes of the December 11, 1995 Planning Commission Meeting. Co~missioner Lunn moved, Vandaveer seconded, to approve the Consent Calendar. Motion Carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. Planning Commission Minutes January 8, 1996 Page 2 Conditional Use Permit 95-019 and Variance 95-011 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TUSTIN BREWING COMPANY JASON JERALDS, PRESIDENT 9 LUCANIA NEWPORT COAST, CA 92657 BURNETT DEVELOPMENT CORPORATION 13031 NEWPORT AVENUE, SUITE 200 TUSTIN, CA 92680 13011 NEWPORT AVENUE, SUITE 100 CENTRAL COMMERCIAL (C-2) TOWN CENTER REDEVELOPMENT PROJECT AREA A NEGATIVE DECLARATION HAS BEEN PREPARED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1) AUTHORIZATION FOR A TYPE 23 ALCOHOLIC BEVERAGE CONTROL LICENSE TO ESTABLISH A MICROBREWERY IN CONJUNCTION WITH A RESTAURANT; AND 2) A VARIANCE TO REDUCE THE REQUIRED PARKING FROM 327 SPACES TO 241 SPACES TO ACCOMMODATE THE RESTAURANT Recommendation - It is recommended that the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3412; and Approve Conditional Use Permit 95-019 and Variance 95-011 by adopting Resolution No. 3413, as submitted or revised. Presentation: Gregory Gubman, Assistant Planner Commissioner Bone Asked if staff has investigated his inquiry about the north west parking area. Staff stated that the property owner was asked to look into purchase of the property when the first Variance was requested and found that the railroad was willing to sell the property but the cost was prohibitive and apparently price is still an issue for the property owner. Part of the property is within the County which has also been contacted but they are unwilling to zone the property for parking for LaFayette Plaza because of the adjacent residential uses. Commissioner Kasalek asked if there had been any response to the noticing. She also asked if the parking study which was done was typical. Staff stated that there had been no response to the noticing. Doug Anderson , Traffic Engineer, stated that the parking study using one week day and the worse case scenario was a typical study. The Public Hearing opened at 7:12 p.m. Jason Jeralds, applicant and president of Tustin Brewing, asked if the Commissioners had seen the menu, and explained that the operation would be like a restaurant with a brewery included, attracting mostly a dinner and lunch crowd. Commissioner Bone asked the applicant if he agreed with the conditions and if the condition on valet parking posed any problems for them. He also wanted affirmation that there was no intention of selling the beer for off-site consumption. Planning Commission Minutes January 8, 1996 Page 3 Jason Jeralds stated that he agreed with all of the conditions and that there would be no off-site sales of alcoholic beverages. The Public Hearing closed at 7:15 p.m. Commissioner Bone Asked if the last part of Condition 6.1, could be eliminated so as to exclude the applicant from being required to coat and protect all walls with graffiti resistant paint since he believes this is the responsibility of the property owner, not the tenant. Staff stated this was only standard language and could be struck. Commissioner Vandaveer moved, Lunn seconded, to approve the Enviro-mental Determination for the project by adopting Resolution No. 3412 as submitted. Motion carried 5-0. Commissioner Vandaveer moved, Lunn seconded to approve Conditional Use Permit 95-019 and Variance 95-011 by adopting Resolution No. 3413 revised as follows: Condition 6.1 shall have the last sentence deleted. Condition 6.14 shall read, "All non-disabled employees and store owners/ managers of the shopping center shall be required to park in the rear of the shopping center to provide additional parking in the front. Notification of this requirement shall be written into all tenant leases. A copy of a standard lease form with said language incorporated therein shall be submitted to the Community Development Department prior to the issuance of a Certificate of Occupancy for the proposed restaurant/microbrewery". Condition 6.17 to read, "At the time of Plan Check submittal, a revised time-restricted parking plan shall be submitted to the Community Development Department for approval. Prior to submittal to the Community Development Department, the property owner shall provide written notice of the proposed time- restricted parking revisions to the Plaza LaFayette tenants, and shall obtain written acknowledgment from the tenants that: 1) they have received notification of the proposed revisions; and 2) that they concur with the proposed revisions. The property owner shall then provide the original signed acknowledgment forms to the Community Development Department as evidence that a majority of the Plaza LaFayette tenants concur with the proposed revisions to the parking lot time restrictions. Possible modifications to the existing plan may include the following: a) Removing time restric- tions after 6:00 p.m. and b) Extending time restrictions on a portion of the parking spaces located in the front-central area of the shopping center, excluding those spaces directly adjacent to store entrances, to one hour, thus requiring patrons who would be in any of the restaurants for more than an hour to park in the rear lot adjacent to the westerly property boundary or use the valet parking". Condition 6.18 to read, "If, at any time in the future, an on-site or neighboring tenant or customer advises the City, or if the City is otherwise made aware and concurs, that a parking and/or traffic problem exists at the Plaza LaFayette shopping center as a result of the insufficient on-site parking avail- ability, and it has been confirmed that the subject property is in compliance with mitigation measures 1 through 4 above, then the Community Development and Public Works Departments may require the property owner to submit an updated parking demand analysis and/or traffic study, at no expense to the City, within the time schedule stipulated by the City; the property owner may delegate this responsibility, through lease negotiations, to any tenant operating under Conditional Use Permit 95-019 and Variance 95-011. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development and Public Works Departments. Said mitigation may include, but not be limited to, the following: a) Establish alternate hours of operation and b) Provision of additional Planning Commission Minutes January 8, 1996 Page 4 parking as needed, up to minimum number required for the aggregate of shopping center uses pursuant to Zoning Code standards, by purchase and/or lease of property within 500 feet of the property or provision of the needed parking on site. The securing of off- site parking would require approval of a revised Variance. Failure to adequately respond to such a request and to implement mitigation measures within the time schedules established shall be grounds for initiation of revocation procedures for Variance 95-011 and Condltional Use Permit 95-019~. Motion carried 5-0. REGULAR BUSINESS: Report on Wireless Communication Recommendation: Receive and File Presentation: Scott Reekstin, Associate Planner Commissioner Kasalek inquired if the two antennas in question were to be approved and asked their location. Staff is processing the applications as design review and evaluating them on an individual basis. The locations are at 6th and Pacific Streets, behind the parking structure and in the industrial area of Myford. The Director stated that once the utility has been granted a public license, the City does not have the ability to deny the application and can only review the design of the proposal against the City Design Review Ordinance to mitigate impact to surrounding properties. The utility has the ability to contest the conditions if they believe that the City is going beyond a simple review of the proposal. She stated that at the Federal and State level the communication industry has a very strong lobby. At present the staff of the League of Cities has been actively monitoring the process. Commissioner Bone requested a copy of House of Representatives Bill No. 1555. Staff will provide a copy. Commissioner Bone stated he has observed use of the 18" satellite dish for private homes and asked if this was covered under the City Ordinance. Staff stated that the size does not matter, if it is visible it is subject to the City Ordinance and if the Commissioner would provide specific locations staff will investigate. Commissioner Lunn moved, Vandaveer seconded, to receive and file this report. Motion carried 5-0. STAFF CONCERNS: Report on Actions taken at the January 2, 1996 City Council Meeting. Staff reported on the subject agenda. The Commissioners were encouraged to attend the Base Task Force meeting at 4:00 p.m. January 9, 1996. Planning Commission Minutes January 8, 1996 Page 5 Elizabeth Binsack has been appointed as the new Community Development Director. She will commence work on January 29. An informal reception to introduce the new director will be held prior to the next Planning Commission meeting at 5:30 p.m. to which the Commissioners and members of the Community Development Department are invited. Current Director and Assistant City Manager, Christine Shingleton, expressed her enjoyment at working with the members of the Commission and stated that she will continue to be available as a resource to them and will return to report to the Commission on matters concerning MCAS, Tustin base reuse. CONCERNS: Commissioner Kasalek Stated that it has been wonderful working with Ms. Shingleton and that she has always been impressed by the amount of knowledge and depth of understanding shown by Ms. Shingleton on all issues which have come before the Commission. Commissioner Vandaveer Expressed that he has also enjoyed working with Ms. Shingleton. Commissioner Bone Expressed appreciation Shingleton provides. for the resource that Ms. Noted that Treecycle 96 has been an overwhelming success. Five bins were filled with 1000 trees. Commissioner Lunn Stated she had received calls concerning the use of "human arrow" advertising and asked if this type of activity, which occurs on weekends, could be stopped. Staff stated that the development company is in violation of City Code and that the City is rotating Enforcement Officers to provide coverage on weekends. Lois Jeffrey, City Attorney, stated that her office is pursuing this matter through a criminal misdemeanor process and will recommend to the City Council to bring an injunction against Arnel Management Company for these violations of the Code. Commissioner Mitzman Inquired if the City has a one stop system for applicants concerning fee schedules or does an applicant have to go to each department separately. Staff stated that each department has it's own list but a case planner would coordinate interaction with all the departments involved as an assistance to applicants. Planning Commission Minutes January 8, 1996 Page 6 ADJOIIRNMENT: Commissioner yandaveer moved. Lunn seconded, to adjourn the meeting at 7:45 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on January 22, 1996 beginning at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. I CASA Chairperson /~ _ ) / ~~ ~-~ ~~ BARBARA REYES Recording Secretary