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HomeMy WebLinkAboutPC Minutes 08-14-95~INUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 14, 1995 C~LL TO ORDER~ 7:00 p.m., City Council Chambers PLEDGE OF ~LLEGIANCE/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 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. CONSENT CALENDAR: IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. (ALLMATTERS 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 24, 1995 Planning Commission Meeting. Commissioner Bone moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 3-0. Commissioner Kasalek abstained. ITEM 7 WAS TAKEN OUT OF ORDER AT THE REQUEST OF MRo ED PANKEY 7. Status Update On Abandoned Sign Poles At 13922 Red Hill Avenue Presentation: Christine Shingleton, Assistant City Manager Ed Pankey, 320 W. Main Street, stated that he had hired Greenwood and Son Real Estate, to work with City staff to help develop the parcel in question and requested deferment of any Code Enforcement action for one year which would require the removal of the sign posts. He stated that after the lease on Country Kitchen expires his goal was to combine the two parcels which would then comprise almost an acre and put something larger on the site. He feels the sign would be advantageous in identifying freeway exiting for Old Town Tustin as well as for advertisement of business on the site. I- .......... ]1 .... IIII Planning Commission Minutes August 14, 1995 Page 2 Commissioner Mitzman asked how Mr. Greenwood would be involved. Carl Greenwood, 440 W. First Street, stated that he could not answer that totally as yet since he had to study Mr. Pankey's various holdings and help him identify an overall plan which would enhance the site and bring revenue to the City as well as to Mr. Pankey. Commissioner Kasalek asked if his plan included contacting Country Kitchen in regard to the lease. Carl Greenwood stated he could not answer that since he had just begun to work on the project. Commissioner Vandaveer stated he would be abstaining due to a conflict of interest. Commissioner Bone in favor of allowing the poles until Mr. Pankey has had an opportunity to work on the concept. Commissioner Mitzman likes the idea of putting the two pieces of property together but would like to see a progress report in six months time. Commissioner Kasalek would like to see something done before three years and is glad to see Mr. Greenwood involved. Commissioner Bone moved, Mitzman seconded, to direct staff to work with the applicant and to re-agendize this matter for the Planning Commission meeting which will occur nearest to six months time and at which the applicant will provide a written status report in order to evaluate any development proposed for the property. Motion carried 3-0. Commission Vandaveer abstained due to conflict of interest. Lois Bobak, Deputy City Attorney, noted for the record that the basis of Commissioner Vandaveers' conflict of interest was that Mr. Pankey is a customer of his business. 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. Conditional Use Permit 95-009 (Continued Public Hearing from 7-24-95) APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CAR CAPITAL INC. ATTN: MR. GARY RHODES 18001 IRVINE BOULEVARD, SUITE 2C TUSTIN, CALIFORNIA 92680 18001 IRVINE BOULEVARD, SUITE 2C PROFESSIONAL (PR) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO ALLOW AN AUTOMOBILE PAWNBROKER BUSINESS IN CONJUNCTION WITH AN EXISTING AUTO BROKER BUSINESS AT AN EXISTING OFFICE BUILDING Recommendation - Pleasure of the Commission. Presentation: Robert A. Delgadillo, Assistant Planner Planning Commission Minutes August 14, 1995 Page 3 The Public Hearing continued at 7:20 p.m. Robert A. Wehn, 18082 Lillian Way, stated he has lived 150 feet from the building in question since 1961 and opposes the project for the same reasons the Police Department opposes it. Also, he is concerned that the owner of the building has purchased the two homes directly behind the business. He stated that the parking lot is already very congested and he feels that people who would pawn their vehicles would not be able to redeem them and would virtually be selling them. He is concerned about the exhaust fumes which would be generated by cars pulling in and out. Sergeant Joe Garcia, Tustin Police Department, stated that the Police Department has some concern about Mr. Rhodes credibility since a consumer complaint had been registered prior to this but Mr. Rhodes had stated to the Police Department that he had not operated this type of business before. The only other business they have to compare this with is Big Daddy's Auto Loan which had between 200-300 victims because of the type of people who were desperate to pawn their cars. He stated that the Police Department is concerned about the office being in Tustin and the cars being stored in Santa Ana. Lois Bobak stated that issues concerning the applicants credibility and character are not relevant to the land use determination. The Commission is only concerned with approval or disapproval of a conditional use permit for the land use. Gary Rhodes, owner of Car Capitol, stated that he assumed that the consumer complaint mentioned had to do with buying the vehicle back following his purchase of it and that the vehicle had not been pawned. He stated that he really did not want to be a pawn broker but this was something that he had been requested to do. He stated that professional people with fleet vehicles pawn their vehicles for various reasons. He feels that his service gives these people the opportunity to redeem a vehicle when business picks up rather than taking a tremendous loss on the vehicle by having to sell it outright. Commissioner Kasalek asked him to address the reason for doing business in two cities. Gary Rhodes stated it was simply a cost factor, that he is a very small operation and spending a small amount on office and storage space by only paying a per unit cost keeps his overhead down. He stated that he has nothing to do with the lot behind the building; that Car Capital has the use of two designated spots only. He is in favor of the conditions imposed and anticipates handling 3 to 6 contracts weekly and this could be verified by the Police Department. He also would have a bond in place and must show one hundred thousand dollars in liquid assets to perform. He stated that obviously, the owner of Big Daddy's did not stick to the rules. He also commented that anyone in Orange County with a pawn brokers license can pawn a vehicle but that he was imposing a restriction on himself not to pawn any other items. Commissioner Kasalek Asked if the owner of the building understood that a wall had to be constructed as a condition of approval. Gary Rhodes stated he had only recently become aware of this condition, and did not have the opportunity to speak to the building owner as yet and that he could not afford to construct the wall himself. He feels he is being held hostage to a non- conforming situation that has existed for quite some time. Commissioner Kasalek asked Mr. Rhodes if his parking spaces were marked and if he knew why the parking lot was so congested. Planning Commission Minutes August 14, 1995 Page 4 Gary Rhodes stated that there has been some construction going on and that his spaces were marked but had become overgrown and the signs taken down. Commissioner Bone inquired as to what percent of the space in the building was taken up by his office. Gary Rhodes responded that it was no more than 15%. Commissioner Vandaveer asked if it was correct that this was the first time he had heard about the condition of the wall and did he think the property owner would not be willing to put the wall up. Gary Rhodes stated he does not remember reading this condition before and consequently does not know what the cost would be and would have to take a very hard look at it before making any business decision concerning it. The Public Hearing closed at 7:47 p.m. Commissioner Vandaveer stated he would like to see a solid wall on the back of the property and if the applicant is not ready to agree to all of the conditions he would be reluctant to approve the project. Commissioner Bone stated that it was his understanding that the Department of Motor Vehicles requires two dedicated spaces and that this was a non-conforming parking lot. He feels approval would only make a bad situation worse and cannot support the project. Commissioner Kasalek stated that last April when the Commission first looked at this item there was a positive use determination that this was an acceptable business for the Professional District. There were no issues or concerns voiced from the Police Department at that time. She feels it is important to consider the land use issue and she has a problem with the parking situation at this location. If there was another location she would agree but not at this particular site. Commissioner Bone moved Mitzman seconded, to deny Conditional Use Permit 95-009 requesting the establlshment of any automobile pawn brokering business located at 18001 Irvine Boulevard. Motion carried 4-0. Zone Chanqe 95-001 (Warner Corporate Park) APPLICANT: OWNER/ CONTACT: LOCATION: ZONING: ENVIRONMENTAL STATUS: OLEN PROPERTY SERVICES OLEN PROPERTY SERVICES KATHRYN WADSWORTH 20 CORPORATE PARK IRVINE, CA. 92714 1371 - 1431 WARNER AVENUE PC INDUSTRIAL (PC-IND) A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REQUEST: TO CHANGE THE ZONING DESIGNATION FROM PC-INDUSTRIAL TO PC-INDUSTRIAL/BUSINESS TO ACCOMMODATE PROFESSIONAL AND GENERAL OFFICE USES Recommendation - It is recommended that the Planning Commission take the following actions: Certify the Negative Declaration as adequate for the project by adopting Resolution No, 3374; and Planning Commission Minutes August 14, 1995 Page 5 ~ i"?~ 2. Recommend to the City Council approval of Zone Change 95-001 by adopting Resolution No. 3372, as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner The Public Hearing opened at 7:56 p.m. The Public Hearing closed at 7:56 p.m. There was no discussion by the Planning Commission on this matter. Commissioner Vandaveer moved, Bone seconded, to certify the Negative Declaration as adequate for the project by adopting Resolution No. 3374 as submitted. Motion carried 4-0. Comm~seioner Vandaveer moved, Mitzman seconded, to recommend to the City Council approval of Zone Change 95-001 by adopting Resolution No. 3372 as submitted. Motion carried 4-0. 4. Conditional Use Permit 95-010 & Design Review 95-024 APPLICANT: OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TUSTIN COMMUNITY PHARMACY JERRY OSWALD 13400 NEWPORT AVENUE TUSTIN, CA. 92680 13400 NEWPORT AVENUE C-1 (RETAIL COMMERCIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT CLASS 3 PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO CONSTRUCT A DRIVE-THRU LANE FOR AN EXISTING PHARMACY Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 95-010 and Design Review 95-024 by adopting Resolution No. 3371, as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner Commissioner Mitzman inquired if there were any questions raised about potential crime at a drive-thru. Staff stated that the Police Department had voiced no concerns with this operation. Commissioner Kasalek asked if there had been any negative comments from the public because of the change in the driveway. Staff indicated there were none. The Public Hearing opened at 8:03 p.m. The Public Hearing closed at 8:03 p.m. Commissioner Bone moved, Vandaveer seconded, to approve Conditional Use Permit 95-010 and Design Review 95-024 by adopting Resolution No. 3371 as submitted. Motion carried 4-0. Planning Commission Minutes August 14, 1995 Page 6 5. Conditiona~ Use Permit 95-011 and Design Review 95-025 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STEVEN LANGFORD ARCHITECTS, INC. JON HEDRICK, SENIOR DESIGNER 4 EXECUTIVE CIRCLE, SUITE 190 IRVINE, CA 92714 THE RREEF FUNDS ATTN: MICHAEL F SEVERSON 1630 SOUTH SUNKIST STREET, SUITE A ANAHEIM, CA 92806 1222 IRVINE BOULEVARD RETAIL COMMERCIAL (C-l) TOWN CENTER REDEVELOPMENT PROJECT AREA THIS PROJECT HAS BEEN DETERMINED TO CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO PROVIDE OUTDOOR SEATING, ON-SITE ALCOHOLIC BEVERAGE SALES AND NEON SIGNS AT AN EXISTING RESTAURANT IN THE TUSTIN HEIGHTS SHOPPING CENTER. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 95-011 and Design Review 95-025 by adopting Resolution No. 3376, as submitted or revised. Greg Gubman, Assistant Planner Commissioner Kasalek asked the height of the wall surrounding the outdoor seating area. Staff stated there was no set standard established by the ABC but that he had contacted and ABC investigator and that three feet was generally the rule for a barrier surrounding an outdoor dining area where alcohol is served. Commissioner Vandaveer asked if it were typical to allow 18 year olds to serve alcoholic beverages with just someone watching them. Staff stated that full supervision was what was established in the guidelines. The Public Hearing opened at 8:10 p.m. Michael F. Severson, RREEF Funds, representing the owners of the Tustin Heights Shopping Center, stated that following Chuy's proposal to lease a site for the restaurant he had traveled to Austin Texas himself to check on the operation. He found that they have five locations in Austin and it is a good family oriented and financially strong business. Consequently the owners of the shopping center are prepared to put in about one half million dollars in tenant improvements for the building. Commissioner Bone asked the targeted opening date. Michael F.Severson stated 9-10 weeks and that they wanted to be open by November. Steve Jacobson, Vice President of Chuy's, Tustin Inc., stated that the business had done 23 million in sales last year with the existing stores. The recipes were developed about 15 years ago; everything is fresh and it was a bit different than the Mexican food of California. They are community oriented and this was one of the reason that they were comfortable in choosing the Tustin location. Their philosophy is that they do not spend a lot of Planning Commission Minutes August 14, 1995 Page 7 money on advertising, but rather, create special events to take care of the needy and in doing so, develop a good relationship with their customers. John Kendall, stated that his property backs up to the shopping center and he was glad to see something going in that vacant location but was a little concerned about the noise from the outdoor seating. Staff stated that the seating is located on the opposite side of the building from this residence and there would be no loud speakers or music. The Public Hearing closed at 8:20 p.m. Commissioner Vandaveer moved, Bone seconded, to approve Conditional Use Permit 95-011 and Design leviev 95-025 by adopting Resolution No. 3376 as submitted. Motion carried 4-0. REGULAR BUSINESS: 6. Design Review 95-005 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DONAHUE SCHRIBER 3501 JAMBOREE RD., SUITE 300 NEWPORT BEACH, CA. 92660 ATTN: MARK WHITFIELD THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE P.O. BOX I NEWPORT BEACH, CA. 92658-8904 ATTN: KEITH EYRICH TUSTIN MARKETPLACE PLANNED COMMUNITY-MIXED USE (PC MU), EAST TUSTIN SPECIFIC PLAN THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO PROVIDE CIRCULATION IMPROVEMENTS TO WEST DRIVE, SOUTH OF EL CAMINO REAL Recommendation - It is recommended that the Planning Commission approve Design Review 95-005 by adopting Resolution No. 3381, as submitted or revised. Presentation: Sara J. Pashalides, Associate Planner Commissioner Mitzman inquired about safety of pedestrians from the parking lot to the store. Staff stated it was suggested that the Garden Center customers walk a little further south, closer to the front entrance of Home Depot and then cross just as any other customer of Home Depot. The Director stated that she had spot checked this situation on two separate Saturdays and that the pedestrians are crossing and as a result there is backing up of vehicles into the intersection. Gary Vaccaro, Vice President, Irvine Company, stated he was pleased to address the Commission to resolve the West Drive circulation issues and to complete the requirements of the Black Angus design review. He stated he supports the conditions as found in the report. Planning Commission Minutes August 14, 1995 Page 8 Commissioner Mitzman commented that he would like to see Condition of Approval 1.3 amended to allow a six months time frame instead of 18 months. Commissioner Vandaveer does not support the pedestrian access because of the traffic problem. Commissioner Bone has personally observed the traffic and believes the pedestrian crossing would be beneficial to the Home Depot customers. He supports it but would like to see the crossing striped. Commissioner Mitzman cannot support the additional pedestrian crossing since he feels it too close to the intersection. Commissioner Kasalek does not want to see any striping as she feels it gives a false sense of security and is concerned with the size of the opening. The Director stated that one of the original conditions was the ability of the City to go in 6 months later and re-evaluate and see if the traffic improvements would be adequate. In meetings with the applicant over the past 90 days this particular issue has not been discussed and was not raised until last Wednesday. Staff has previously agreed to recommend to the Commission that there not be a monitoring condition and that if they do all of these improvements the City would not come back 6 months later and ask for a traffic study. However, with this particular newly introduced proposal, staff cannot tell what it will present in the way of problems and in the event there are problems there would be no way to correct the situation without a monitoring condition. Home Depot has not been in compliance with any of the conditions of the use permit and temporary use permits on outdoor storage and this appears to be a way Home Depot is using to control the situation. Staff cannot at this time recommend that this proposal is in the best interest of the public health and safety. Douq Anderson City Traffic Engineer, stated that the Engineering Division has had the opportunity to review, over the last 2 years, all three traffic studies and in all three it has been identified that the leading contributing factor to congestion at the intersection as well as on-site has been the conflict between vehicles and pedestrians. He stated that the proposal to provide for egress of two lanes of 240 to 250 feet which would accommodate 500 vehicles per hour would be detrimental if the pedestrian access was cut through as proposed in Exhibit C of the staff report. Any attempt to increase the vehicle/pedestrian conflict is detrimental to traffic circulation and to the safety of pedestrians. Commissioner Bone asked how far the proposed pedestrian crossing was from the drive curb. Staff stated 50-60 feet between the first aisle drive and the proposed pedestrian access. Gary Vaccaro, stated that this addition to the application had been requested by Home Depot and the Irvine Company had thought this was a reasonable request. He stated The Irvine Company was very serious about this design review proposal and did not want it denied for this one issue. He proposed bringing this issue back to the Commission at a later date. com~issioner Mitzman moved Vandaveer seconded, to approve Design Review 95-005 by adopting Resolution No. 3381 revised as follows, Condition 1.3 shall read, "Design Review approval shall become null and void unless &ll building and/or grading permits are issued within six months of the date of this Exhibit and substantial construction is underway." Motion carried 4-0. Planning Commission Minutes August 14, 1995 Page 9 e THIS ITEM WAS TAKEN OUT OF ORDER AND DISCUSSED FOLLOWING THE CONSENT CAI~ENDAR. STAFF CONCERNS: Report on Actions taken at the August 7, Meeting. Staff reported on the subject agenda. 1995 City Council COMMISSION CONCERNS: Commissioner Vandaveer - None Commissioner Bone Asked if staff would provide copies of all public hearing notices to the Planning Commission members prior to appearance of the notices in the newspaper. Staff will see that this is done. Inquired if staff was aware of new legislation concerning exemption of cellular phone towers from local zoning. Staff stated that they have been working with the Public Utilities Commission and it appears that both the PUC and public cellular companies are generally supportive of keeping local control over the siting of local cellular facilities. Staff will keep the Commission informed of the status of any proposed legislation and will follow up with a report at the next regular meeting as to what action may be needed and if the City will need to contact contingencies in Washington concerning this legislation. Inquired if Planning Commission information was distributed to the Public Library and to the Police Department as a matter of routine. Staff responded that the Public Library receives the information on a regular basis but it is not currently distributed to the public counter of the Police Department. Reported that the news racks at the car wash near the Post Office on First Street were blocking the sidewalk and asked to have something done about it. Staff will refer the matter to the Public Works Department for follow up. Commissioner Mitzman Inquired if the City had received any complaints about the extremely bright parking lot lights at the new McDonalds at Tustin Ranch. Staff responded that there had been some contact with the City concerning this matter and that conditions imposed concerning the wall around the Tustin Ranch frontage and Planning Commission Minutes August 14, 1995 Page 10 drive aisle along Bryan Avenue as well as some of the landscaping had been bonded for and were not yet completed. The business owner has indicated that they wish to modify the original conditions of approval imposed by the City Council to relieve them of these requirements. The matter is tentatively scheduled for September 18, 1995. Commented that he thought it nice that the new Chuy's Restaurant had chosen Tustin for their first California location and that Mrs. Gooches also chose Tustin as its first Orange County location. Commissioner Kasalek Commended staff for their efforts with Chuy's and Mrs. Gooches and also for the excellent ratings received in the customer service reports. Inquired if the railroad track at Walnut between Myford and Franklin Avenues was being used, stating that the crossing was a nightmare for vehicles. Doug Anderson, Traffic Engineer, responded that this was a spur line currently in use by some of the business in that area and that the railroad had been requested to repair this condition within 30 days. Commissioner Vandaveer moved, Mitzman seconded, to adjourn the meeting to a workshop at 5:30 p.m. prior to the next regular Planning Commission meeting of august 28, 1995. The meeting adjourned at 9=04 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on August 28, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ~MA4~W~R I E. -/~'~ SA~K ...... Chairpef~son BARBARA ' R~ Recording Secretary