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HomeMy WebLinkAboutPC Minutes 12-12-94 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 12, 1994 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/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. 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 November 28, 1994 Planning Commission Meeting. Commissioner Kasalek moved, Well 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. Amendment to Conditional Use Permit 94-003 and Desiqn Review 94-005 APPLICANT DONLEY-BENNETT ARCHITECTS 14772 PLAZA DR. TUSTIN, CA 92680 Planning Commission Minutes December 12, 1994 Page 2 OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ATTN: GREG BENNETT NEWPORT CAMINO PLAZA, LTD. 7 BRILLIANTEZ IRVINE, CA 92720 ATTN: JAY D. JAEGER 1011 EL CAMINO REAL (NORTHEAST CORNER OF NEWPORT AVENUE/EL CAMINO REAL) COMMERCIAL GENERAL (CG) A NEGATIVE DECLARATION HAS BEEN PREVIOUSLY PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). MODIFY CONDITION 2.5 OF PLANNING COMMISSION RESOLUTION 3279 RELATED TO THE SOIL REMEDIATION PROGRAM ON THE SITE. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3316; and 2. Approve Amendment to Conditional Use Permit 94-003 and Design Review 94-005 by adopting Resolution No. 3317, as submitted or revised. Presentation: Daniel Fox, Senior Planner The Public Hearing opened at 7:05 p.m. The Public Hearing closed at 7:05 p.m. Commissioner Weil believes this to be a good solution to a big problem. Most of the contaminated soil is in the area because of the big tanks and this seems the most efficient way to clean the soil and she is in favor. Commissioner Kasalek moved, Well seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3316 as submitted. Motion carried 5-0. Commissioner Kasalek moved, Well seconded, to approve Amendment to Conditional Use Permit 94-003 and Design Review 94-005 by adopting Resolution No. 3317, as submitted. Motion carried 5-0. 3. Amendment to Conditional Use Permit 92-003 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MARVIN ROWLAND 166 NORTH JETTY DRIVE ORANGE, CA 92668 WILLIAM ZAPPAS 3922 EMERALD TORRANCE, CA 90503 604 EL CAMINO REAL C-2 (CENTRAL COMMERCIAL DISTRICT) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AMENDMENT TO CONDITIONAL USE PERMIT 92-003 TO AUTHORIZE THE SALES AND PAWNING OF FIREARMS AT THE EXISTING BUSINESS LOCATED AT 604 EL CAMINO REAL. Recommendation - Pleasure of the Commission. Presentation: Scott Reekstin, Assistant Planner Staff recommended an additional condition of approval for Resolution 3318 to be numbered 1.7, concerning security measures. Planning Commission Minutes December 12, 1994 Page 3 Commissioner Weil inquired how this new condition would affect Resolution Item No. D, 2 which states there will be no exterior or interior modifications. Staff stated there were no modifications required for security as noted by the Tustin Police Department and that there is a good security system already installed which would detect interior movement. The Public Hearing opened at 7:12 p.m. Marvin Rowland, applicant, stated he would be happy to answer any questions. Commission Weil wanted assurance that his security system is adequate since she feels he would be more of a target with the addition of firearms to his business. Marvin Rowland, stated he has done everything he can to make sure the security system is adequate since he must protect the goods of his customers which are on pawn. He noted that he does not buy and sell firearms but only takes them in as part of his pawn broker business and if he does not have the ability to take in firearms he is not a full pawn broker service. The Public Hearing closed at 7:15 p.m. Commissioner Kasalek stated that considering that he has had the firearms and the Police Department has no problem with it she would be in favor. Commissioner Mitzman stated he is opposed to this application since it was his understanding that this business was originally designed to trade in high end jewelry items and he does not feel that firearms are high end and there is no guarantee that the percentage of firearms in the store won't grow. He also feels it is too close to the high school and does not help safety in the City. Staff stated that the Resolution contains a condition which would limit the firearms space to 5%. Commissioner Mitzman asked how this would be enforced. Staff stated that enforcement would be handled through the Police Department. Commissioner Baker asked who else in the City was licensed to sell weapons. Staff noted that a few of the sporting good stores in the City carry them but are non-conforming uses. Commissioner Lunn asked if a precedent would be set if this was approved. Staff stated that the conditions of approval have limited this request to present business ownership only and that any further requests would have to be considered on an individual basis. Commission Mitzman asked if this owner could sell 99% of the business and still retain the approval. Staff stated that even though a business can be owned by more than one person it was the individual who must obtain all of the licensing for firearms through the State and Federal government. The Public Hearing opened at 7:22 p.m. Planning Commission Minutes December 12, 1994 Page 4 Marvin Rowland stated that he has all of the proper licensing which he must have to carry firearms. Commissioner Kasalek asked if these licenses and authorizations were all in his name. Marvin Rowland stated, "yes" and they were non transferable. Commissioner Baker asked what routine is followed if a weapon becomes available for sale. Marvin Rowland stated that the potential buyer must be a California resident for the previous 90 days, have a California ID, drivers license or U.S. passport. Following this determination a dealer record of sale is made and sent to the Tustin Police Department and to the Department of Justice (DOJ). The DOJ does a background check and contacts the dealer if the person is not authorized to purchase the weapon. Commissioner Mitzman asked if Mr. Rowland had any knowledge of any firearm he has pawned ever being involved in a crime. Marvin Rowland stated "no". Commissioner Lunn asked what percentage of weapons taken in are eventually redeemed. Marvin Rowland stated 90% and higher, more than any other pawned item. Although firearms are not a large part of his business he feels it is crucial since if he does not have the ability to pawn a firearm, his customers may go elsewhere if they also have other items to be pawned. The Public Hearing closed at 7:35 p.m. Commissioner Weil stated that the applicant sounds like the type of responsible shop owner that the Brady Bill was looking for. She believes that the major problem is not with the sale but with the theft of firearms and since he has the security issue covered she is in favor. Commission Mitzman stated that although he still objects to the idea of firearms the applicant has convinced him of his professionalism, and since the Police Deparment does not object he would now be in favor. Commissioner Weil moved, Kasalek seconded, to approve Amendment to Conditional Use Permit 92-003 by adopting Resolution No. 3318 revised as follows, Exhibit A, add Condition 1.7 to read, "To discourage and prevent theft and other crimes, the applicant shall implement and/or maintain adequate security measures at the subject pawn broker business as determined by the Tustin Police Department". Motion carried 5-0. Tentative Parcel Map 94-149 and Variance 94-011 APPLICANT/ LANDOWNER: LOCATION: ZONING: DONALD A. LEJEUNE 440 WEST MAIN STREET TUSTIN, CA 92680 440 WEST MAIN STREET SINGLE FAMILY RESIDENTIAL RESOURCE DISTRICT OVERLAY (R-l) WITH A CULTURAL ENVIRONMENTAL Planning Commission Minutes December 12, 1994 Page 5 STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 1. APPROVAL OF A VARIANCE TO REDUCE THE MINIMUM LOT WIDTH ON ONE (1) PARCEL FROM SIXTY (60) FEET TO 22 FEET, AND TO INCREASE THE MAXIMUM FENCE HEIGHT IN THE REQUIRED FRONT YARD SETBACK AREA OF ONE (1) PARCEL FROM THREE (3) FEET TO 6'-8". 2. AUTHORIZATION TO SUBDIVIDE A SINGLE DEVELOPED PARCEL INTO TWO PARCELS. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3313; and 2. Approve Variance 94-011 by adopting Resolution No. 3314, as submitted or revised; and 3. Recommend to the City Council approval of Tentative Parcel Map 94-149 by adopting Resolution No. 3315, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil stated that letters received from people in the downtown area give the impression that this area is not allowed to be subdivided and she asked for clarification. Staff stated that with the Variance request the subdivision meets all of the applicable City codes. The Public Hearing opened at 7:42 p.m. Jeff R. Thompson, 415 West 6th Street, Tustin, gave a presentation expanding on the points of the letter he had previously forwarded to the Planning Commission in opposition to this project. He stated that he feels there is an incompatibility in that there are no flag lots in the block in question and since there have been none created since the historical district had been installed in 1986-87, he feels this would be changing history. He stated that the applicant does not need to split the lot in order to construct a second dwelling unit. He feels that the City's prior history of subdivisions have left scars and deterioration in Old Town. He stated that he was not opposed to subdivision within the code but variances of it. If this subdivision is allowed it would be unique since the proposed structure would be constructed in the front of the lot. He presented a panoramic photo of trees which he feels would be ruined if subdivision was allowed where structures can be placed anywhere on a lot through variance. Ken Ezell, 365 West 6th Street, Tustin, opposed to subdivision since he feels the proposed structure can be constructed without splitting the lots. Edgar Pankey, 320 West Main Street, Tustin, stated that he was impressed on the amount of work done on the project, complimented staff and is in favor of the project. Bill Collins, 430 West Main Street, Tustin, stated his home is known locally as the Snow House, built in 1887 and adjacent to the subject property. He is opposed to both the request of variance and flag lot subdivision as he feels it undermines the historic and property value of the neighborhood. He questioned the type of structure which was to be placed on the lot and if it would be truly historic. He asked if this subdivision were allowed would it apply equally to all of the neighborhood. Planning Commission Minutes December 12, 1994 Page 6 Staff stated that as the Resolution is written it requires that any future structure be consistent with what was previously approved. Bill Collins, stated he was in disagreement with many of the findings of staff in the report. Pauline Collins, 430 West Main Street, Tustin, stated she moved to the neighborhood five years ago because it was historic. She feels that if the variance is allowed it will have a negative impact on the neighborhood by changing its features. Randy Younq, 350 West Main, Tustin, opposed since there have been no new flag lots created since the Cultural Overlay District has been in existence and because the proposed structure would be located in the front of the lot while all of the other second structures are presently located in the back of the lots. Don LeJeune, applicant, stated that this project has been two years in the making. He feels this is a real estate project that should be financed as such. He stated that his property at 440 West Main Street is the only residential property in Old Town that has a front lot which would accommodate a structure and this was one of the reasons he was attracted to this property in 1983. He feels there is not another person in Old Town who cares more about the Cultural Overlay District than he but he is also concerned with property rights. It is the Planning Commissions responsibility to determine land use not the Cultural Overlay. He noted that the construction he proposes will be of a historical nature and no different than what was previously approved with the Conditional Use Permit, with the exception of adding a two car garage. The Public Hearing closed at 8:13 p.m. Commissioner Weil stated that this is a unique area and appreciates the desire of the residents to keep it rural but she is also supportive of property rights. As a result of the lot split both of the lots will be in excess of what the Cultural Overlay District requires as a minimum lot and can't see this as a detriment to the neighborhood. Commission Lunn agrees with Commissioner Weil and feels that Mr. LeJeunes' dedication to Old Town and its concepts is well known; the lot split is necessary for the financing and she is in favor. Commission Kasalek does not believe the lot split would set a precedent since the lot is large and wide enough to lend itself to this situation where other lots don't. She wanted to make it very clear that there is no special treatment being given to Mr. LeJeune but she believes this is just a common sense, reasonable request and sees no problem with it. Commissioner Baker stated this was not a request to split the lots for multiple unit use and he has no problem with the request. Commissioner Weil moved, Kasalek seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3313 as submitted. Motion carried 5-0. Commissioner Weil moved, Kasalek seconded, to approve Variance 94- 011 by adopting Resolution No. 3314 as submitted. Motion carried 5-0. For clarification, staff recommended for Commission consideration a modification to Condition 3.1, under fees, to specify the actual amount of final map fees. Planning Commission Minutes December 12, 1994 Page 7 Commissioner Weil moved, Kasalek seconded, to recommend to the city Council approval of Tentative Parcel Map 94-149 by adopting Resolution No. 3315 as revised. Exhibit &, Condition 3.1 shall read, "Payment of all Final Map fees, in the amount of $1,110.00 (eleven hundred ten dollars) or as may be modified prior to submittal of the Final Map, shall be made to the Community Development Department upon submittal of the Final Map". Motion carried 5-0. 5. Conditional Use Permit 94-026 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: MR. ABDUL JIWA 14702 NEWPORT AVENUE TUSTIN, CA 92680 MR. MERLE S. GLICK 1134 S ROBERTSON BLVD. LOS ANGELES, CA 90035 14702 NEWPORT AVENUE RETAIL COMMERCIAL (C-l) DISTRICT THIS PROJECT HAS BEEN CATEGORICALLY EXEMPT (CLASS PROVISIONS OF SECTION 15303 ENVIRONMENTAL QUALITY ACT. DETERMINED TO BE 3) PURSUANT TO THE OF THE CALIFORNIA REQUEST: AUTHORIZATION TO ESTABLISH A CONVENIENCE MARKET WITHIN AN EXISTING RETAIL TENANT SPACE Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 94-026 by adopting Resolution No. 3319, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Mitzman stated the staff report asks for the property to be brought into greater conformity with current codes and asked why it was not required to bring it up to full code standards. Staff stated that much has to do with the scale of this project due to physical limitations related to the existing parking lot and planters and since there is no intensification of the building area this application is really limited to a particular use and operator as opposed to someone adding square footage to the property. These conditions are reasonable for a convenience market. The Public Hearing opened at 8:29 p.m. Dr. Merle S. Glick, property owner, stated that this property was built for a convenience store almost 30 years ago. According to their leases, the tenant is to maintain the property. Whenever they have received notices from the City they have taken care of any violations. Dr. Norman Shultz, property owner, stated that in spite of the fact that they tried to maintain the property, the reason it deteriorated so much was that for the last 8 months they have had a vacancy. Now that the tenant is in and trying to operate a successful business he hopes it will be kept up. Commissioner Mitzman asked who the City contacted for enforcement of violations, the tenant or the property owner? He would like to see full compliance with the code and asked what exactly was being asked of the owners. Staff noted that those items have been included in the Resolution. Planning Commission Minutes December 12, 1994 Page 8 This property is an existing non conforming property and can't be brought into compliance with zoning ordinances but those conditions added to the staff report will bring the property into complete conformance with the property maintenance ordinance. Dr. Shultz stated that they expect accept the responsibility of complying with the City ordinances. Commissioner Lunn stated that she has visited the convenience store which was in operation and asked if there was a time table for these maintenance issues to be completed. Dr. Glick hoped to have them done before the end of this month. Staff stated that the applicant is not authorized to sell convenience items until the conditions are agreed to and signed off. Abdul Jiwa, applicant, stated he has read the report, understands and will comply with the rules and regulations. The Public Hearing closed at 8:44 p.m. Commissioner Kasalek moved, Mitzman seconded, to Conditional Use Permit 94-026 by adopting Resolution No. submitted. Motion carried 5-0. approve 3319 as Commissioner Weil was excused from the meeting at 8:45 p.m. REGULAR BUSINESS: None STAFF CONCERNS: 6. Report on Actions taken at December 5, 1994 Meeting The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Kasalek - Wished everyone Happy Holidays. Commissioner Mitzman City Council Was impressed with the quick clean up of a load of scattered newspapers on Sunday morning by City crews. Requested a formal letter from the City Attorney advising him concerning his possible conflict of interest with the Tustin Ranch high school site project. Staff noted that this letter was being prepared. Commissioner Baker Reported that he may have a conflict of interest with the project also since he is the Treasurer of the Trust Fund for the Tustin Unified School District which has received funds from the Irvine Company. Planning Commission Minutes December 12, 1994 Page 9 Commissioner Lunn Inquired if her situation as an employee of a property management company which has interests in the East Tustin area with the Irvine Company would constitute a conflict of interest. The Deputy City Attorney thought it would not. - Reported that the fence has been broken behind the four- plexes by the McFadden off ramp of the I-5 which exposes school children to traffic danger. Staff will contact Caltrans concerning this fence and will follow up to see that it is fixed. Reported that the lighting seems darker at the end of Newport Avenue near the Cosmopolitan side of the street. Staff will contact the Edison Company. Commissioner Baker - Inquired about the political campaign sign issue. Staff reported that Public Works and Community Development Departments are working together on a report and will bring it back for review as soon as possible. ADJOURNMENT: Commissioner Kasalek moved, Lunn seconded, to adjourn the meeting at 8:53 p.m. Motion carried 4-0. Way, Tustin. The next regular meeting of the Planning Commission is on January 9, 1995 at 7:00 p.m. in the City Council Chambe[s at 300 Centennial A. L. Baker. Chairperson Barbara Reyes Recording Secretary ! [ - '-7--'3