Loading...
HomeMy WebLinkAboutPC Minutes 10-24-94 MINUTES TUSTIN PLANNING CO~MISSION REGULAR MEETING OCTOBER Z4, 1994 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Weil Absent: None Kasalek, Lunn, Mitzman 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 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 October 10, 1994 Planninq Commission Meetinq. 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. Planning Commission Minutes October 24, 1994 Page 2 Conditional Use Permit 94-012 and Variance 94-012 APPLICANT: LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DELTA DEVELOPERS GROUP, INC. ATTN: FRANK TORKI 25146 ROCKRIDGE ROAD LAGUNA HILLS, CA 92653 EXXON CORP P.O. BOX 53 HOUSTON, TX 77001-0053 16851 MCFADDEN AVENUE RETAIL COMMERCIAL (C-1 P) OVERLAY DISTRICT WITH PARKING A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1. APPROVAL OF A CONDITIONAL USE PERMIT FOR 1) THE ESTABLISHMENT AND OPERATION OF A SERVICE STATION FACILITY WITHIN THE RETAIL COMMERCIAL (C-i) DISTRICT; 2) ESTABLISHMENT AND OPERATION OF A CONVENIENCE STORE; AND 3) ESTABLISHMENT AND OPERATION OF AN OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENT - TYPE 20 LICENSE. 2. APPROVAL OF A VARIANCE TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM EIGHT (8) SPACES TO SEVEN (7) SPACES. Recommendation -It is recommended that the Planning Commission: Approve the Environmental Determination for the project by adopting Resolution No. 3303; Take the following actions with respect to Conditional Use Permit 94-012 by adopting Resolution No. 3304, as submitted or revised: a. Approve the request for the establishment of a service station; and b. Deny the request for the establishment of a convenience store use and an off-site alcoholic beverage sales establishment; and Table Variance 94-012 pending the outcome of Conditional Use Permit 94-012. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil asked when the applicant first made contact with the City about this project and if there was any ensuing correspondence. She stated that in the case of a denial staff usually includes the correspondence and she wanted to know what that correspondence dealt with and if the applicant had indicated in any of his correspondence that he was willing to set aside the check cashing and western union requests. Staff stated that first contact was on May 16, 1994 and that this original submittal was followed by correspondence which discussed the same items that are in the staff report, which were concerns from the various city departments. There was no official resolution of the issue of check cashing and western union services but the resolution was written with conditions to prohibit it since there is no way of regulating the use. Commissioner Weil asked if there were any plans to widen McFadden in the next five years. Douq Anderson, City Transportation Engineer, stated that there were no current plans to widen McFadden within the next 5-10 years but Planning Commission Minutes October 24, 1994 Page 3 that the City would be acquiring a right-of-way to take ten feet along the McFadden corridor and five feet along the Tustin Village Way corridor. Commissioner Mitzman asked if the convenience store approval included any video games. Staff stated that there was no knowledge of them but that the resolution contains conditions that restrict those types of devices. The Public Hearing opened at 7:15 p.m. Frank Torki, applicant, stated that in December of last year he applied to Exxon and made an offer for the property. He opened escrow and told them the sale would be subject to obtaining permits for the gas station and mini-market. In the past the station has only been for gasoline and vehicle repair and he feels that for a viable business he would need the mini market revenue or the business would fail. In May he approached the City and finds some differences of opinion. Since the Police Department was concerned about the check cashing operation, he deleted this request in August. Commissioner Baker asked exactly what the applicant was applying for now. Frank Torki, stated he submitted his proposal for a mini market and its contents on July 25th but contends that this evening he heard that he would not sell fresh food. He said he had made a survey and there were not four markets in the area, but one 7-11 with two locations and the Liquor Stop. He said he visited the 7-11 on McFadden and observed that there was hardly anything on their shelves and had also surveyed the area and was told by many people that there was not enough merchandise in that store. He believes his market would add more and consumers will benefit. He further stated that he is adding a diesel fuel pump along McFadden because there are none available in the area and feels that this pump is also important to the survival of the station. He said this station will be a beautiful addition to the neighborhood with maroon and blue tile and lots of flowers. He stated that since he is giving away about 3500 square feet to the City he feels he should be getting something in return for it and that is why he is requesting that he be allowed the hardship variance. Regarding the parking, the City requested 8 parking spaces, then found there was not enough clearance at the pumps and wanted one space eliminated. He voluntarily moved a parking space near the building in favor of better circulation. He also wants a five foot planter instead of the eight foot planter which was requested. Commissioner Baker asked if staff had discussions with the applicant about the planter. Staff stated that there were no issues with the landscaping but regarding the 8 parking spaces, there was an original concern due to the location of the building and pumps. Also the conditions clearly indicate that the City will acquire that dedication. Douq Anderson, stated that originally dedication was required however, due to recent legislation the City is unable to require dedication at this time and the requirement was removed from the conditions of approval and re-worded in Conditions of Approval 6.1 and 6.2 showing that the City will acquire right-of-way and the City will be reimbursing at such time as the City needs the land for the anticipated improvements. Frank Torki stated that whatever makes the City happy he will do. Commissioner Kasalek asked the applicant if he were interested in putting a gas station in without a convenience store and what about a convenience store without alcohol sales. Planning Commission Minutes October 24, 1994 Page 4 Frank Torki stated that selling gas only on that corner is not going to make it. Stated that less than 5% of the market will have the beer and wine in it. He feels that most of his customers will buy food items and he doesn't want them to have to drive to the 7- 11 for the beer or liquor, he wants them to get it all at his location in one stop. Commissioner Baker asked if there was a convenience store right across the street. Frank Torki stated "yes" that was the 7-11 which hardly had any stock. Commissioner Weil asked how far away that store was. Frank Torki replied about 380 feet Anna Pattaphongse, 16791 McFadden, stated she was the franchisee of the store that was 380 feet away. She stated that when the notice went up a lot of her customers were concerned that another liquor store was coming to the neighborhood. She took this store over about 3 years ago, at which time the sales went up 25% and she has all the merchandise she needs to sell; her beer sales are about 20% of her total sales. Her store is 20% below market average sales so that it is not a busy store but there are a lot of kids coming to the store. Her customers requested that she do something about another liquor store and she presented a petition to the Commission signed by her customers indicating they did not want another liquor store. She stated she has an excellent ABC program and is very careful about sales; her clerks are considered the toughest in the neighborhood for checking ID. Commissioner Weil asked what her hours of operation were. Anna Pattaphougse replied, 24 hours and she sells liquor until 2:00 a.m. Frank Torki stated that one of the concerns of the Police Department was students from the nearby elementary school and he had met with the principal and teachers to get the proper facts. He said he found out that no students from the east side of the 55 Freeway attend that school. He said he went to the 7-11 at Main and Williams and the Liquor Stop to ask if they ever had any problem with the children coming to their stores and they said no. The Public Hearing was closed at 7:50 p.m. Commissioner Kasalek stated that although she wishes the best for anyone who wants to start a business, she agrees with staff that this particular area has been a real problem area and puts a lot of stock in the fact that the Police Department did have concerns. She is concerned about loitering in the area. She would like to see approval for the gas station only. Commissioner Mitzman sees that the property has been abandoned for about two years and feels that if someone is interested in liquor they will certainly go where it is sold. His main concern was with the check cashing since it was so close to the on ramp of the freeway and since this is no longer an issue he would like to see this building reopened and the eyesore taken away, he is in favor of the beer and wine sales. Commissioner Weil stated that she met with Mr. Torki at her office and discussed the plans for the station and what the public hearing procedure would be. He stated to her that he was sensitive to what the Police Department had recommended so he was willing to eliminate the check cashing and also the outside phone, he also indicated that he was willing to stop beer and wine sales at 10 p.m., so she was in favor of granting the mini mart with the beer and wine. She feels that when the gas station is remodeled it would bring a lot more people to the area, does not feel it is a Planning Commission Minutes October 24, 1994 Page 5 proliferation of liquor when Red Hill and the 5 Freeway is far more of a proliferation. He is complying with the guidelines. In addressing staff concerns that Mr. Torki has a self imposed hardship, as far as the parking is concerned, she feels he should be able to use that land until the time that he must sell it to the City. She feels that Mr. Torki has a legitimate hardship because of the setback requirement which the Commission should recognize. Commissioner Lunn stated she has mixed feelings, is glad the check cashing and western union has been eliminated. She has serious concerns about the sales of alcoholic beverages and thinks it is a proliferation. However, since he has complied with the guidelines and is willing to stop selling liquor at 10 p.m. perhaps he should be given an opportunity to make something of that area. Commissioner Baker asked if the City was able to cut off liquor sales at 10:00 p.m. Staff said "yes" through the conditions but this would become a matter of enforcement and unless there were complaints or the City became aware of a violation probably no one would know about it. Commissioner Weil stated that the condition could be worded such that a sign could be posted concerning the time. Staff stated that since there seems to be a consensus for the sale of alcoholic beverages that this item be continued to the next meeting so that the correct resolution could be brought back for consideration. Lois Bobak, Deputy City Attorney, stated that since the consensus was to grant the conditional use permit with the convenience store that some discussion of the variance would be appropriate. Commissioner Baker asked if the radius at the diesel tank was adequate to serve vehicles. Staff replied that it was their understanding that the diesel fuel was intended to supply smaller vehicles such as autos, pick-ups and vans. Commissioner Lunn asked what happens if the sale of alcoholic beverages continues after 10:00 p.m. Lois Bobak the City applicant. replied that if it was brought to the City's attention could commence revocation proceedings against the Commissioner Baker asked how long that would take. Lois Bobak, stated it could take up to several months. Commissioner Baker asked the applicant if this was a condition he could agree to. Frank Torki stated "yes". The Public Hearing opened at 8:01 p.m. Commissioner Weil - stated that there was plenty of room in the front of that building and if the variance is not approved the parking space could be put back in, Mr. Torki had just taken it out to improve the circulation. Commissioner Baker asked if staff could see a way to re-design the parking. Staff stated that they would look at it and see if there could be a way to squeeze in another space and eliminate the need for the variance. I T 1 .... 1 Planning Commission Minutes October 24, 1994 Page 6 Frank Torki stated he requested the variance for two reasons, one was to eliminate one parking space and the other was to ask that the City reduce the landscape setback to five feet since he is giving the 10 feet along McFadden. Staff clarified for the record that there is no variance being requested for the landscape setback, this a development guideline with flexibility to work with it and the condition is only asking for five feet. Commissioner Baker asked if Mr. Torki had a chance to read the report since it seems he has not read it and requested that Mr. Torki thoroughly read the staff report provided before the next meeting so that he knows specifically what the City is asking for. The Public Hearing closed at 8:06 p.m. Commissioner Well moved, Mitzman seconded to direct staff to prepare Resolutions to consider approval of the proposed project including the proposed convenience market and alcoholic beverage sales uses and variance to reduce the required parking and to continue this item to the next regularly scheduled Planning Commission Meeting of November 14, 1994. Motion carried 5-0. Conditional Use Permit 94-015 and Desiqn Review 94-024 APPLICANT: ARCHITECT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FHP, INC. 3540 HOWARD COSTA MESA, CA. 92626 D.E. MILLER, ARCHITECTS 170 NEWPORT CENTER DRIVE. #110 NEWPORT BEACH, CA. 92660 GAP PORTFOLIO PARTNERS COLONY ADVISORS, INC. 1999 AVENUE OF THE STARS #1200 LOS ANGELES, CA 90069 13102, 13112, 13132 AND 13152 NEWPORT AVENUE PLANNED COMMUNITY-COMMERCIAL (PC-COM) A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE REMOVAL OF ONE TWO-STORY OFFICE BUILDING AND MODIFY THE SITE DESIGN IN ORDER TO ESTABLISH OVER 50% OFFICE USE WITHIN THE CENTER. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 94-015 and Design Review 94-024 by adopting Resolution No. 3305, as submitted or revised. Presentation: Sara J. Pashalides, Associate Planner Commissioner Weil asked if the pharmacy on the project was considered retail and in that case would the figure be closer to 50% office that it actually shows in the report. Staff stated the pharmacy was considered as retail for parking purposes and "yes" it would be slightly closer to 50% Commissioner Lunn is concerned about the parking, stating FHP has a facility in Fountain Valley in which she witnessed one retail place after another go out of business because there was no parking available for customers and asked how the parking would be monitored. Staff stated that the parking management plan included pavement markers as well as signs within the parking lot designating areas Planning Commission Minutes October 24, 1994 Page 7 not available for FHP customers. In addition, the amount of parking restricted is only that required by code and a condition in the resolution requires the City to check back and monitor the site within 6 months and if the situation warrants, the applicant must at their cost remedy the situation. Commissioner Baker asked if the City traffic engineer had reviewed the study done by FHP. Staff responded affirmatively. Commissioner Kasalek asked how the "peak hours" were arrived at and since her experience is that most medical offices closed for lunch between 12:00 and 1:00 p.m. She asked if an example of this type of roofing could be given to her as a reference. Staff stated that this type is installed at the new Jamboree Plaza. The Public Hearing opened at 8:23 p.m. Marie Landaal, D. E. Miller Architects, thanked staff and stated that they were fully prepared to comply with the conditions and encourage project support of the Planning Commission to meet the needs of the 6000 enrolles of FHP in the Tustin area. Don Sherwold, President of the Village Homes Homeowners Association, stated they had extensive discussion with FHP and are strongly for the project. They are prepared to enter into an agreement with FHP for some staff parking on Packers Circle. The money generated from the lease of the space will help keep the street in top condition. Feels that their property values will be upgraded with the enhancement of the center. They feel strongly that the tough time for traffic street is at the rush hour and it is very difficult to exit from 4:00 to 6:00 p.m. and it is their request that a "Keep Clear" sign be painted at the exit area of the street onto Newport. Doug Anderson stated he will meet with them at a later date to discuss this. Curt Auer, Ail State Insurance Agent, with an office in Packers Square stated that he has been there three years and with six years on his lease he is concerned that if the project is approved he and the four other tenants involved will not be able to negotiate another lease within the complex or off premises. He believes approval by the Commission before they negotiate will hamper the negotiations. He does not want to give up what he has now to get something he may not be happy with. John Gantis, franchisee for Rubys' Restaurant, stated that 2% years ago they overcame barriers with the City and they hope they have led the center in the right direction. The only concern is the parking issue. The plan outlined by the City is very workable and they support it, however he feels that 6 months is too long a time to monitor the success of what is being put into place, he recommends the review period should be shorter, perhaps 2 months after the opening. Son Nguyen, M. D., stated he was one of the FHP Doctors and was very excited about the move. He stated that during the lunch hour there would be one doctor remaining at the facility in case of a true emergency encountered by one of their patients. Commissioner Weil asked if he agreed with staff that the peak hours were between 11:00 and 1:00 p.m. Larry E. Greer, Greer and Company, Traffic Engineer for FHP, stated that the peak hour was correct for the shopping center as a whole. During that period parking would still only be about 70% occupied. This was accomplished by surveying FHP facilities which are of similar size and character as this one. Planning Commission Minutes October 24, 1994 Page 8 Michael R. Pashley, dentist, stated he has a lease signed with the landlord although he does not occupy that center and he is concerned about the use being indicated for retail, since his use would definitely be medical/dental in the retail section. Staff stated that this information had only just been disclosed by the property owner and based on the way the condition is written in the resolution it would not allow for the dentist to locate since the total amount of office square footage is limited and that Building B could only be used for retail or office use. John Devereux, Colony Advisors Inc., wanted to indicate support for the staff plan with one exception; it appears there has been some mis-communication. After reviewing the report it was brought to his attention that the retail center would be limited to retail use only and they had a lease signed late this past summer contingent on getting the appropriate City approvals and Dr. Pashley is responsible for getting those approvals. The management company would appreciate the opportunity to lease spaces K & L for office/medical use since they have been vacant for over 2 years and are not prime retail spaces given the lack of visibility. Dr. Pashley's use makes sense there and they would like to suggest that an amendment be made. Staff stated that from a traffic generation standpoint the additional medical office of 2,200 square feet as proposed for Building B would not have an impact on the traffic generation but would require added parking spaces and as proposed there are 5 extra spaces, this use would require 2 leaving 3 additional extra spaces. Staff recommends that the provision be made that if those office uses vacate that they not be released as office or medical but converted to retail at that time. Commissioner Weil thinks this seems unreasonable since the property management just stated how difficult these spaces are to rent for retail. Staff stated that part of the argument that FHP is making is that they will increase the volume and make it more attractive for retail tenants. The City is already reducing the sales tax by converting a commercial shopping center to an office development and taking away an 11,000 square foot market with the potential of generating quite a bit of sales tax. Commissioner Weil appreciates FHP coming in but still is cognizant of the management company who has a viable tenant. Frequently whenever a retail location is tucked in a corner the vacancy rate rises dramatically. She would like to see a little more flexibility in the future. She does not want to tie the managements hands. Curt Auer, stated that one of the proposals made to him was to move into Building B where the dentist would go and asked how that would work out with the configuration of the office space. John Devereux has been in conversation with the existing tenants and looking at all alternatives to maintain their tenancy at Packers Square. For the All State representative they were unaware of the strict guideline against non retail uses but thinks the insurance sales might be a good use of this retail space given the occupancy problems at the center. Commissioner Kasalek asked if there were other potential office use tenants. Mike Latham, C. B. Commercial, stated that right now there is a 16,000 square foot building and about 5 weeks ago during the transaction with FHP they sat down with the key tenants in the building to determine their flexibility to move so they could accommodate FHP. Taking a look at their inventory of space, Suite C had been discussed for All State. Following these discussions Planning Commission Minutes October 24, 1994 Page 9 they read the staff report and noticed the conditions. If they were to lease Suites C, K & L, 3500 square feet, the ratio would be 59% office 41% retail. Commission Lunn asked who the other 4 existing tenants were. Mike Latham, stated they were working with the Acorn Group, United Temp, PMZ Learning Center and a psychologist. They thought they could minimize the FHP occupancy by keeping as many tenants as they could within the center. Commissioner Baker asked if the egress and ingress driveway through the Ralph's center would stay open. Mike Latham stated "yes" it would. Bart Brown, C. B. Commercial, was involved with the Warmington Development Company in developing this center about 15 years ago and leasing of retail space, especially Suites K & L was a nightmare even then and has always been a problem for the management company. In the intervening years there are types of business that need exposure to traffic and signage, real estate, insurance offices and temporary employment agencies, dentists, family medical, veterinary offices are examples of common use in retail zoned properties and there are a number of office uses that can be very desirable in a retail building. Martin Riqby, Acorn Group, stated that they are currently in the building due to be demolished, are not opposed to the project and that he has a handshake deal with the management company and as soon as it gets inked they will be satisfied. Grant Lomas, development manager for FHP, stated that have been as flexible as possible and have tried to address the tenant concerns, the condo association and everyone else and they feel positive. As far as Dr. Pashley and All State are concerned they support any agreement they work out. Commissioner Kasalek, concerned about the length of time for the revaluation of the parking situation and asked how soon FHP would be ready to operate. Grant Lomas, not quite sure but they are hoping to open some time in May. Son Nguyen, feel that three months would be adequate to evaluate the parking situation. The Public Hearing was closed at 9:05 p.m. Commissioner Kasalek thinks it is a wonderful location for the facility and glad to see it in there, but is concerned about signage for the parking. She thinks designating "customer only use" is not meaningful enough. Since All State is concerned about the lease agreement, she asked if there was any action to be taken on that. Staff stated that would be part of the conditions. Commission Mitzman asked if this last minute tenant mix changed the staff report or the resolution. Staff stated that it would affect some of the findings but they are prepared to submit alternate language. Commission Weil stated there is a possibility for a nice center and does not want to see the Commission and City stand in the way of the centers ability to prosper. If they can get more flexibility on retail without disturbing the parking situation she would be all for it. Planning Commission Minutes October 24, 1994 Page 10 Commissioner Lunn agrees with Commissioner Weil, is happy to see FHP come in and glad to see the parking problem was a priority and agrees with Commissioner Kasalek that a sign indicating "No FHP Parking" would be preferable. Commissioner Baker stated that since FHP was not open on weekends, the retail operation could take advantage of the parking spaces at those times. Staff read the proposed resolution changes. Commissioner Weil does not feel that the revisions proposed by staff are flexible enough, that the Real Estate market changes so rapidly, that Tustin Market Place has been so successful that it has swiped a great deal of the retail tenants away from the heart of the City. She feels that if the management company has found a viable way to make the center work they should not put such stringent restrictions for retail on them. She feels that the market should drive the situation without putting handcuffs on them. Staff stated that if this was the opinion of the Commission then perhaps the item should be continued so that the traffic and parking can be reevaluated, but noted that the revisions as proposed are what they were asking for. Commissioner Baker stated that they should allow that it is restrictive but that probably the applicant would prefer a decision now. Commissioner Lunn stated that the revisions as read by staff were exactly what was asked for. Commissioner Baker stated that he too resented some of the restrictions but at this point in time the project should be expedited with the figures at hand. Commissioner Kasalek moved, Well seconded to approve Conditional Use Permit 94-015 and Design Review 94-024 by adopting Resolution No. 3305 revised as follows: Page 3, Finding 4, change "53%" to "(approximately 60%)"; Exhibit A, Condition 3.2, shall read, "The maximum amount of office area, including medical uses, permitted for the entire Packers Square shall not exceed 31,743 square feet, which includes 4,935 square feet of medical and/or office use located within Building B. Any additional general office or medical office use in excess of the above limit shall require a new CUP and additional discretionary action." Exhibit A, Condition 3.6, paragraph two, change the words, "six months" to "at three months and nine months". Motion carried 5-0. REGULAR BUSINESS: 4. Status Reports Received and Filed Presentation: Daniel Fox, Senior Planner 5. Report on Boardinq Up of Vacated Buildings Presentation: Daniel Fox, Senior Planner Commissioner Mitzman stated that he thought it was a good idea because in visiting one of these buildings, he did not even realize it was boarded up and it helps the building not to stick out as being vacant. Planning Commission Minutes October 24, 1994 Page 11 Commissioner Baker asked where the vacant buildings were. Staff stated that the only one known is the old Security Pacific building at Irvine and Elizabeth Way which the Commission recently approved for the St. Joseph facility. Staff noted that at this point the City could only suggest or encourage that the buildings be painted out to minimize the impact. However, if there was a challenge to the permit it might come back as a Board of Appeals item. Staff does not believe that there would be much opposition to the request to paint but that there was no clout to require it to be done. Commissioner Mitzman asked what could be done to give the City the clout. Staff stated that it would take amending property maintenance Section 5502 to add a requirement that if a property is secured by boards or other material that it be painted to match the building; it would then become a matter of enforcement. Commissioner Kasalek thinks that the voluntary suggestion would work from the property owners standpoint. Commissioner Mitzman disagreed saying that most of these cases would be properties held by a bank which might not even be located in the City and if there is no way to enforce it then no one is going to do it. Commissioner Weil stated she had mixed feelings about this, that quite frequently when a building is boarded up it means that people can't afford to keep it up and she thinks that the weeds that grow up around the building may be more of a hazard. She does agree with Commissioner Mitzman that it would look better so she is in favor of it. Staff suggested that voluntary compliance be tried at present, since it is not expected that there will be many of these boarded up buildings. Commissioner Baker agrees that the City should be able to enforce it but would not like to see the City spending a lot of time for only a few instances. Commissioner Mitzman noted that this amendment would be for future use and not necessarily right now. Commissioner Lunn stated she would like to see a voluntary program started and if this fails then go to the stronger measure. Commissioner Kasalek agrees. Staff will pass the word to all the City departments involved to encourage the painting of boarded up buildings. No code amendment was initiated at this time. ! I - TI- T"- ! Planning Commission Minutes October 24, 1994 Page 12 STAFF CONCERNS: Report on Actions taken at the October 17, 1994 city Council Meeting Received and Filed Tim Serlet, newly appointed Director of Public Works, was introduced and he expressed his pleasure at working for the city of Tustin and stated he looked forward to meeting the challenge of excellence established by his predecessor. He also invited the Commissioners to his office to get acquainted. COMMISSION CONCERNS: Commissioner Kasalek Concerned about the trashy look of the parking lot sale at Al's Woodcraft and asked if the next time a Temporary Use Permit was granted that the site be monitored. Staff will follow up to see if the dates of the sale are in compliance with the TUP and will look at the site and follow up. Commissioner Mitzman Was glad to see the sidewalk sales at Home Depot were gone Staff noted that several letters had been drafted to Home Depot concerning the situation and that there was a new manager at this store whom staff is currently working with. Commissioner Weil Asked if the Commissioners could receive a copy of the Public Works Projects 5 Year Implementation Plan. Staff will see that the report is forwarded to the Commissioners. Asked what must be done for the Commissioners to be paid on a timely basis. She voiced her frustration, stating that they had not been paid for August but have been paid for September. For the past two years she has requested this of staff practically every single month and having been on the Commission a long time this is the first time she has run into this problem. If need be she would take this further in order to be heard. She further stated that in 1993 the Commissioners only received payment for eleven months and feels it was only because the City was called that payment was issued in January. She asked why she had to go through this. Staff will rectify this situation. Commissioner Lunn Noted that she had read that California Business Magazine had ranked the City of Tustin fourth as a Business Friendly City in the State of California and she was very pleased with this. Commissioner Baker Noted that there were several companies who recently moved into the Basic Four building which have generated several hundred jobs. Planning Commission Minutes October 24, 1994 Page 13 ADJOURNMENT: Commissioner Weil moved, Kasalek seconded, to adjourn the meeting at 9:35 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on November 14, 1994 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Barbara Rey~ Recording Secretary Chairperson "'¥ ............ 1" I