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HomeMy WebLinkAboutPC Minutes 07-24-95MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 24v 1995 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIS%NCR/INVOCATION ROLL CALL: Present: Bone, Lunn, Mitzman and Vandaveer Absent: Kasalek 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. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. CONSENT CALEND]%R: (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 10, 1995 Planning Commission Meeting. Commissioner Lunn moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 4-0· 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. Conditional Use Permit 95-006, Design Review 95-021 And Sign Code Exception 95-005 APPLICANT: OWNER: RALPH RINGO MILAGRA DESIGN 2900 BRISTOL STREET, SUITE A-202 COSTA MESA, CA 92626 RICK AND HONORENE BROWN 13411 PORTAL Planning Commission Minutes July 24, 1995 Page 2 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TUSTIN, CA 92680 1792 SAN JUAN STREET SUBURBAN RESIDENTIAL (R-4) THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH A MONTESSORI PRESCHOOL/DAY CARE FACILITY AND TO INSTALL A MONUMENT SIGN. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 95-006, Design Review 95-021 and Sign Code Exception 95-005, by adopting Resolution No. 3370, as submitted or revised. Presentation: Gregory S. Gubman, Assistant Planner The Public Hearing opened at 7:07 p.m. Ronald Olsen, 13732 Farmington Road, Tustin, stated his main concern was the parking and pick up/drop off of the students. There are times during the day that he cannot get to his own home and feels the project will add to the traffic congestion. Jackie Carter 13711 Falmouth, voiced concern that parents will use the church parking lot which is next door to the project for parking and as a member of the church, this would be totally unacceptable. She does not like the idea of the sign in this residential area. She is concerned that the apartment residents will be parking on the street and there will be no parking available for the school especially with soccer and Little League which already keeps the streets packed. Commissioner Bone asked if the house of the proposed use was empty. Julie Carter stated it has been empty since October. The Public Hearing closed at 7:15 p.m. Douq Anderson, Public Works Department Transportation Engineer, stated that the project has been thoroughly evaluated as to how it impacts the local street system. Currently, San Juan carries 2900 vehicles per day in the area of the project and is classified on the City's General Plan Arterial Highway System as a local street which acts as a collector street. Such streets are designed to carry 12,000 vehicles per day. The traffic generation from this project with the staggered hours represents 24 additional trips per peak hour both morning and afternoon. The street will more than accommodate the proposed traffic and will not result in any type of loss of service. Commissioner Vandaveer parking. inquired if the traffic analysis included Douq Anderson stated it includes on-street parking and that the parking is wide open. commissioner Lunn Asked if the school was going to provide on-site parking and how did the hours of operation coincide with the elementary school. Douq Anderson stated that there would be two proposed drop off hours of the project, 7:30 A.M. and 9:30 A.M. and the school drop hours for other schools in the vicinity are 7:50 A.M. to 8:05 A.M. Planning Commission Minutes July 24, 1995 Page 3 ¢o~missioner Bone asked what percentage of the 48 maximum students would be dropped off at 7:30 A.M. He asked how long it took to pick up and drop off a child. Doug Anderson responded that 50% of the students would be dropped off at 7:30 A.M. The industry standard rate used is 2-3 minutes for pick up and drop off and most of the people picking up would be accommodated by the on-site parking. The Director stated that using the experience of other child care facilities, there have not been any traffic problems with even higher enrollments than this. In addition, Condition 6.5 gives the Public Works Department authority to implement corrective measures if needed. As requested by Commissioner Mitzman, staff planner Gubman went over the points raised in the Drake letter one by one. As far as objection to a business being located in a residential area, this use is considered institutional and the same as other schools in the vicinity. Traffic and parking issues were covered by the Public Works Department. Litter is not anticipated since this use is not considered a retail operation. Staff has done a detailed analysis with respect to compatibility with the surrounding uses and believes the use would have a beneficial affect by conveniently providing a day care facility near a residential neighborhood. Noise levels, are to be mitigated in two ways: a 6'-8" high wall or fence will be in place once the use is established and the City's Noise Ordinance has noise standards. The proposed 4 foot sign, is compatible with the residential character of the area and is not unique since there is signage already in place for the apartment complex, the school and the church all within a few feet of the subject property. Staff does not feel that quality of life would be diminished since zoning does permit the use and there are already non-residential uses in the neighborhood of a more intense use than the proposed use. Commissioner Bone believes the use is compatible with neighborhood and is in favor. the Commissioner Lunn commented that in previous approvals of this kind there have been no complaints and she is in favor. Commissioner Mitzman stated that the proposed use is complimentary to the other two schools and does not see a problem with it. Commissioner Vandaveer was initially concerned about the noise levels but feels the wall will mitigate it and is in favor of the project. Commissioner Lunn moved, Va~daveer seconded, to approve Conditional Use Permit 95-006, Design Review 95-021 and Sign Code Exception 95- 005 by adopting Resolution No. 3370 as submitted. Motion carried 4-0. Conditional Use Permit 95-009 (Continued Public Hearing from 7-10-95) APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: 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) 1---'- -I--- " f lii]ll '.]1" I · III Planning Commission Minutes July 24, 1995 Page 4 REQUEST: TO ALLOW AN AUTOMOBILE PAWNBROKER BUSINESS IN CONJUNCTION WITH AN EXISTING AUTO BROKER BUSINESS AT AN EXISTING OFFICE BUILDING Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 95-009 by adopting Resolution No. 3368 as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner The Director noted that in addition to the modifications to conditions as noted in the staff report and suggested by the City Attorney there was an additional memorandum transmitted from the City Attorney's office late today providing additional clarification and to strengthen the conditions. This memorandum was distributed to the Commission and made available to the public just prior to this meeting. The Public Hearing continued at 7:45 p.m. Bob Wehn 18082 Lillian Way, Tustin, stated that he has lived at his present location since 1961 and it is about 100 feet from the proposed project location. He expressed his opposition to the project by reading and agreeing with the Police Department review comments of the staff report. He stated that the two homes directly behind the commercial building which is the proposed location have been purchased and that the fence was down and gravel had been installed which looks like a place were about 20 cars could be parked. Commissioner Bone asked who it was who purchased the homes. Bob Wehn stated that 14791 Livingston Street was owned by a Mark Bucher, was a corner house with a fan shaped piece of property behind it, and in the past was used to store two hugh vans. Staff noted that what appears to be a storage yard behind the project location is not an authorized use and it had been referred to Code Enforcement. It was not connected with the applicant nor the project location. Lois Bobak, Deputy city Attorney, stated that the issue of land use authority needs to be separated from what are stipulated requirements under the pawn brokers license which is a separate Section of the Code and requires separate conditions and a full set of regulations backed up by State law. A pawn brokers license cannot be issued if there is evidence that an individual has been convicted of receiving or attempting to receive stolen property. Those are the only grounds relating to crime upon which the City can deny the license. The City cannot legally deny a permit because it is "believed" that a crime may be committed. The Commission should be concerned with the land use issues only. The Public Hearing closed at 7:56 P.M. Commissioner Lunn asked which City has jurisdiction over the project since the vehicles were to be stored in Santa Ana while the pawn broker office was in Tustin. The Director stated that jurisdiction regulating the pawn broker use was the City where the transaction occurred and that would be Tustin. Lois Bobak stated that the City Attorney has been working with the Tustin Police Chief in developing some very comprehensive conditions that will be attached to any future pawn brokers license should a Conditional Use Permit allow for such license to be subsequently issued. Planning Commission Minutes July 24, 1995 Page 5 ~omm~ssioner Bone asked how many employees the project would have and how many people were working in the building. Staff stated Mr. Rhodes was the only employee and it was not known how many people were working in the building. Commissioner Bone asked the address of the storage yard. Gary Rhodes, located at Connection. applicant, stated that it was an inside storage 423 E. Columbine, Santa Ana, called Marty's Car Commissioner Vandaveer asked how long it took to evaluate a vehicle and was an appointment necessary. Gary Rhodes stated it took about two minutes to evaluate and ten minutes to fill out the paperwork. He stated that he was not equipped for walk-ins and everything was done by appointment. Commissioner Bone asked the present business hours and if a check was written right after the paperwork was completed. He also asked what would happen if he was not able to keep this particular storage area for any reason. Gary Rhodes, stated the hours were 9:00 A.M. to 5:00 P.M., Monday through Friday and that a client would be asked to follow Mr. Rhodes over to the storage unit and the check was issued in Santa Ana. Mr. Rhodes stated there were alternative storage places available should this particular one become unavailable. Commissioner Lunn asked how he would know if there was an existing lien on any particular vehicle. Gary Rhodes stated that he verifies the vehicle identification number and gets the whole history on the vehicle through Title Research Company of Anaheim. If there was a unlisted lien on a vehicle he would be the loser. Commissioner Vandaveer moved, Mitzman seconded, to approve Conditional Use Permit 95-009 by adopting Resolution No. 3368 amended as follows, Condition 1.8, last sentence which states "or not possess a valid pawn brokers license from the State of California", removed; Condition 2.Sa mended to read, "The applicant shall be limited to performing no more than one (1) physical on- site vehicle evaluation/inspection per half hour for the purposes of determining if any auto pawn will be granted". The following Conditions of approval have been added. Condition 1.6, shall read, "The applicant shall be in compliance at all times with all recluirements of the City's Pawnbroker's license, and provisions of the Business and Professional Code and Financial Code applicable to pawnbrokers."; Condition 1.10, tO read," Non-renewal or revocation of the City's Pawnbroker's license shall be & ground for initiation of revocation procedures for this CUP."; Condition 1.11 to read, "Prior to exercising this CUP (applicant's actual operation of auto-pawn services), the applicant shall obtain a City of Tustin Pawnbroker's License."; Condition 1.12 to read, "The applicant shall not violate any City ordinances, provisions of the Penal Code relating to an attempt to receive stolen property, or commit any other offense regarding stolen property, or violate provisions of the Business and Professions Code or Financial Code applicable to pawnbrokers." and Condition 2.9 to read, "& vehicle taken in pawn shall be promptly removed to storage. No such vehicle shall remain at the business address after completion of the loan for more than thirty (30) minutes." Condition 2.2 modified to read, "A record of all transactions shall be kept on the premises at all times and shall be made available for inspection by the Tustin Police Department. The contents of said record shall comply with Tustin City Code Section 3612(a) as required by applicant's City of Tustin "T I lllll ....... ~"- -311T .... I Planning Commission Minutes July 24, 1995 Page 6 Pawn Brokers License."; Condition 2.3 amended to read, "The reporting of daily transactions and the contents of the report shall be in accordance with the City of Tustin Pawn Brokers License". Motion failed 2-2. Commissioners Bone and Lunn opposed. Following discussion, the Planning Commission unanimously directed staff to return with this item at the next meeting to provide an opportunity to break the tie vote since Commissioner Kasalek was absent. The Public Hearing opened at 8:16 p.m. and is continued to the meeting of August 14, 1995. REGULAR BUSINESS= 4. Status Report Receive and File Commissioner Vandaveer moved, Lunn seconded, to receive and file this report. Motion carried 4-0. STAFF CONCERNS: Report on Actions taken at the July 17, 1995 City Council Meeting. Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Bone - None Commissioner Vandaveer Inquired about the status of the Popeye's Chicken sign on Newport Avenue and requested something be done with the dilapidated garbage bag which is now covering the old sign. Staff stated that the owner has applied for a Sign Code Exception but was slow in responding to corrections to their plans. The City has issued a request for the corrections and given a short time frame for submittal of an application or Code Enforcement would be enacted; they have also been asked to put something better looking than the garbage bag up during the temporary condition. Commissioner Mitzman Expressed concern about the grass now dying and trees which had broken off and not yet replaced in the landscaping at Tustin Ranch. Asked how the landscaper could be fired. Staff stated that payments for June and July had been withheld and that the Public Works Department was working with the contractor and acting under direction of the City Manager. The Public Works Director will provide a report for the Commission on this issue. Concerning the project status list, asked if there was a way to take projects off the report if it is known that they have been dropped by the applicant. Planning Commission Minutes July 24, 1995 Page 7 Staff stated that it was a twelve month list except in the case of Design Review which was 18 months and unless an applicant pulled an item off the list, it would remain on the list until a time period ran out. The Director stated that staff will review the present list thoroughly for any items which may need removal. Commissioner Lunn Inquired about the status of the Tustin Hospital vacant lot and the basketball idea. The Director stated that the Hospital had been contacted and asked if there was interest some months ago, staff is awaiting feed-back from Texas headquarters. Acquisition activities on the Youth Center, however, are proceeding and a purchase agreement is in preparation. Inquired about the fence at McFadden/55 Freeway and who was responsible for it. She noted that the fence has been trampled down and she would like to see something done before someone gets hurt crossing the road by using this as a short cut to Circle K. Doug Anderson, Transportation Engineer, stated that the right- of-way was split down the middle of Pasadena, the fence to the east belongs to the City and the portion to the west belongs to Caltrans. The Director stated that staff has been assigned the responsibility to expedite Caltrans review as to where to put the fence. If Caltrans will not move fast enough, the fence will be set back to the City property line. Staff has been exploring Freeway standard fencing specifications that could not be cut or scaled. ADJOURNMENT: Commissioner Lunn moved, Vandaveer seconded to adjourn the meeting at 8:29 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on August 14, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ~ ~~ LOU BONE Chairman Pro Tem Secretary I ................. [ 1[ I ! III