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HomeMy WebLinkAboutPC Minutes 07-10-95MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 10, 1995 CALL TO ORDER: 7:05 p.m., City Council Chambers PLEDGE OF ALLEGI/~NCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Lunn, Mitzman and Weil 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. CONBENT 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 June 26, 1995 Planning Commission Meeting. Commissioner Weil moved, Kasalek seconded to approve the Consent Calendar. Motion passed 4-1. Commissioner Baker abstained. Following individual statements of thanks to the City Council for the opportunity to serve on the Planning Commission, Commissioners Weil and Baker left the panel. 2. Seating of Commissioners Bone and Vandaveer Chairperson Pro Tem Kasalek called for the Oath of Office to be a~ministered. Signatures having been affixed to the Oath, Commissioners Bone and Vandaveer were seated. 3. Re-organization of Planning Commission Recommendation - It is recommended that the Planning Commission select a new Chairperson and Chairperson Pro-tem. Chairperson Pro Tem Kasalek called for nominations for chairperson. -[ ..... 11111[ Planning Commission Minutes July 10, 1995 Page 2 Commissioner Mitzman moved, Lunn seconded Commissioner Marjorie Kasalek as Chairperson. closed. Motion carried 5-0. the nomination of Nominations were Chairperson Kasalek called for nominations for Chairperson Pro Tem. Commissioner Vandaveer moved, Lunn seconded, the nomination of Commissioner Lou Bone as Chairperson Pro Tem. Nominations were closed. Motion carried 4-1. Commissioner Mitzman opposed. 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. 4. Variance 95-007 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. MARSHAL MORGAN VALENCIA GARDENS APARTMENTS 4020 BIRCH STREET, SUITE 103 NEWPORT BEACH, CA 92066 VALENCIA GARDENS LTD. 4020 BIRCH STREET, SUITE 103 NEWPORT BEACH, CA 92066 15742 WILLIAMS STREET R-3; MULTIPLE FAMILY RESIDENTIAL THIS PROJECT IS DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO CONSTRUCT A SIX FOOT EIGHT INCH (6-8) WROUGHT IRON FENCE WITHIN THE FRONT SETBACK OF AN EXISTING APARTMENT COMPLEX FOR SECURITY PURPOSES Recommendation -It is recommended that the Planning Commission approve Variance 95-007 by adopting Resolution No~ 3369, as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner Commissioner Vandaveer stepped down due to conflict of interest. The Public Hearing opened at 7:15 p.m. The Public Hearing closed at 7:15 p.m. Commissioner Lunn Asked if the proposed fencing was compatible with other fencing on the property. Staff affirmed. Commissioner Bone asked if the fence would cause any safety hazards for the occupants if they had to get out. Staff stated that the Fire and Police Departments had both reviewed the project and had not expressed any concerns and the fence had two exit gates along Williams Street. Commissioner Lunn moved, Mitzman seconded, to approve Variance 95- 007 by adopting Resolution No. 3369 as submitted. Motion carried 4-0. Planning Commission Minutes July 10, 1995 Page 3 $. Conditional Use Permit 95-009 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 -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 Public Hearing opened at 7:20 p.m. Due to leg&l concerns the Public Hearing was continued to the Pl&nn~ng Commiss~on meetin~ of ~ul¥ 24, ~995. REGULAR BUSINESS: 6. Design Review 95-003 APPLICANT/ LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MARICOPA HOME OWNERS ASSOCIATION 2291 SAN LEANDRO TUSTIN, CA 92680 ATTN: MR. MARK GAUGHAN PARKCENTER/MARICOPA (PREVIOUSLY 12763) MEDIUM LOW DENSITY RESIDENTIAL SPECIFIC PLAN LOT 4 OF TRACT - EAST TUSTIN THIS PROJECT IS DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT APPROVE THE INSTALLATION OF VEHICULAR AND PEDESTRIAN GATES FOR THE MARICOPA HOMEOWNERS ASSOCIATION TRACT 13080 Recommendation - It is recommended that the Planning Commission approve Design Review 95-003 by adopting Resolution No. 3367, as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner Mark Gauqhan, the applicant, stated he was available to respond to any questions. Commissioner Mitzman asked if the two homeowners on either side of the existing entrance had been informed since sometimes gates cause noise and this could become a problem. Mark Gaughan stated he was very aware of that type of concern, had taken the process very slowly and actually received overwhelming favorable response from a survey taken of homeowners immediately adjacent to the gates. Planning Commission Minutes July 10, 1995 Page 4 Commissioner Vandaveer moved, Lunn seconded, to approve Design Review 95-003 by adopting Resolution No. 3367 as submitted. Motion carried 5-0. e Zoninq Requlations And Policy Guidelines For Alcoholic Beverage Sales Establishments Presentation: Rita Westfield, Assistant Director Commissioner Lunn asked what the existing distances were for off- site sales and for sensitive uses. Staff stated the existing distances were 600 feet from sensitive uses and 300 feet from each other. Commissioner Lunn stated she would like to see it as far away as possible. Lois Bobak, Deputy City Attorney, pointed out that there were some provisions in ABC licensing requirements that correspond to the 600 feet. The ABC Board will look more carefully at uses that are within 600 feet of a sensitive use. She stated there was no case that has decided whether distance requirements imposed by a city were constitutional or not. However, case law has established concern that whatever regulations the City would adopt would be preempted by the State Law if the city goes too far and tries to regulate alcoholic establishments out of business. The 1000 feet is too restrictive in her opinion and a narrower distance separation would not subject the city to legal challenge. Commissioner Mitzman asked if other cities had greater distance requirements. Staff stated that some cities did, but that they were not in Orange County. Lois Bobak stated that the minimum distance requirements do not imply that a Conditional Use Permit (CUP) could not be denied by the Planning Commission; the minimum requirements are just what must be satisfied to apply for a Conditional Use Permit. If a specific situation or CUP application suggested negative secondary land use impacts than a CUP could still be denied. She went on to say that the City Attorney's concern is that the more a city is regulating from the standpoint of morality the more likely it is that a court would strike that regulation down. The more the regulations are geared toward the negative secondary effects of the use, such as increases in crime, the more likely it would be upheld. To avoid negative secondary effects there must be some idea of what they are and how an increase of uses of a specific nature would increase those effects. Commissioner Bone asked if the distance separation only applied within the city. Staff stated that the Ordinance as drafted was silent on that issue but it needs to be dealt with and staff would recommend that the separation be from any establishment whether it was at a City border or not. Commissioner Kasalek asked if the 600 foot minimum was acceptable to the Commission. The Commissioners agreed by consensus. Planning Commission Minutes July 10, 1995 Page 5 The Director stated that within the next 30 days the comprehensive Zoning Ordinance Amendments process would begin and it would be prepared over a 12 to 18 month time frame and if the Commission wanted something in place sooner than the whole program than direction would be needed from the Commission. Commissioner Lunn stated she would like to recommend an Ordinance be drafted rather than waiting. The Planning Commission directed staff by consensus to draft the Zoning Regulations and Policy Guidelines for Alcoholic Beverage Sales Establishments as discussed, to reduce separation between sensitive uses and off-site establishments and off-site and on-site establishments to 600 feet and to agendize the item for a future meeting. STAFF CONCERNS: The Director introduced Planner, Karen Sicoli. the City's newest employee, Assistant 0 Report on Actions taken at the July 3, 1995 City Council Meeting. Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Lunn Welcomed the two new Commissioners and expressed admiration for outgoing Commissioners Baker and Weil. Commissioner Vandaveer Stated it was nice to be aboard and thought it would be an interesting year. Commissioner Bone Thanked City Council for the opportunity to serve on the Planning Commission and looks forward to working with his fellow Commissioners. Stated that Commissioner Mitzman was correct in introducing discussion on the trash scavenging item since he also believes it to be a big problem. Commissioner Mitzman Stated that maintenance of the landscape at Tustin Ranch has not improved since he brought it up last and requested the status of the situation. He asked the amount of the contract. Tim Serlet, Public Works Director, stated that the City has had some trouble with California Landscape and that payment had been held until two weeks ago based on a completed check list which had been given them. He stated that meetings have been held weekly with them and that they are on notice. He stated that it was a yearly contract in the amount of two hundred thousand dollars. Planning Commission Minutes July 10, 1995 Page 6 Asked what was happening with the high school site and continued public hearing on the zone change. Staff stated that under advice of the City Attorney, new notices will be sent out when there is an intention by the City Council to take action on the project. The Irvine Company has been asked to formally submit a proposal to the City Council. Following this, the City Council will provide direction to staff on preparation of Resolutions and at that time public noticing will be mailed. Commissioner Kasalek - Welcomed the two new members of the Commission. ADJOURNHENT: Commissioner Lunn moved, Vandaveer seconded, to adjourn the meeting at 8:03 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on July 24, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. MARJORIE KASALEK Chairperson Secretary