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HomeMy WebLinkAboutPC Minutes 09-26-94MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 26, 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: (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 September 12, 1994 Planning Commission Meeting. Commissioner Weil moved, K&salek 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. Use Determination 94-002 and Conditional Use Permit 94-020 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL PATRICIA PODLICH AND DOUG FISHER DBA PLAY IT AGAIN SPORTS 19111 NORWOOD TERRACE IRVINE, CA 92715 12872 NEWPORT AVENUE RETAIL COMMERCIAL (C-i) DISTRICT Planning Commission Minutes September 26, 1994 Page 2 STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA EQUALITY ACT (CEQA) 1. TO DETERMINE THAT SECONDHAND SALES ARE PERMITTED WITH A CONDITIONAL USE PERMIT WITHIN THE RETAIL COMMERCIAL (C-l) ZONING DISTRICT. 2. TO AUTHORIZE THE ESTABLISHMENT OF A RETAIL SPORTING GOODS STORE WHICH SPECIALIZES IN THE SALE OF SECONDHAND SPORTING GOODS WITHIN THE RETAIL COMMERCIAL (C-i) ZONING DISTRICT AND LOCATED AT 12872 NEWPORT AVENUE. Recommendation It is recommended that the Planning Commission: Determine by Minute Motion that secondhand sales are permitted with a Conditional Use Permit within the Retail Commercial (C-i) District; and Approve Conditional Use Permit 94-020 by adopting Resolution No. 3301, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Commissioner Weil Asked for clarification of the hours of operation especially concerning being open until 11:00 p.m. She also asked if the surrounding businesses would be open till 11:00 p.m. She inquired as to what effect the trash enclosure would have on future tenants. Staff stated the applicant had not asked for an 11:00 p.m.closing time but it was put into the Resolution to allow for extended holiday hour business. The surrounding businesses would not have restrictions unless they were restricted by a conditional use permit. Staff stated that this was a restricted use covenant and a written agreement would have to be obtained from the owner of the property, not the tenant, allowing release only subject to approval of the City. If a trash enclosure were installed on site the covenant restriction could be removed. Commissioner Mitzman asked if approval of this item would set a precedent for second hand sales in the same zoning designation. Staff stated that the only precedent set is that if the use determination for second hand sales within the C-2 District were approved, then any applicant would have the right to apply for a conditional use permit but that they would be subject to individual review. The Public Hearing opened at 7:10 p.m. Doug Fisher, Owner/Operator of the "Play it Again Sports" store, gave an explanation of what his store would be like and that its concept was to recycle good used sporting goods by selling it for about half the price of new equipment. He stated that their policy was to obtain identification from everyone who sells them equipment and that if an item had a serial number the information would immediately be reported to the Tustin Police Department for verification that the equipment was not stolen. He stated that he plans to upgrade the landscaping but that some of the conditions, especially the request for a curb cut and added planter were too expensive for them, and since the landlord would not help with the expense, asked for relief from those conditions. Commissioner Weil asked that in requesting relief was he just talking about the planter. Doug Fisher Stated that the report mentions continuous curbing, and various trees and in speaking with a paver and landscaper they agreed it would be very expensive for a small business. Commissioner Baker asked the location of the planter which he was speaking of. Planning Commission Minutes September 26, 1994 Page 3 Doug Fisher Stated it does not exist at this time, but was proposed to be in the front of the building where the sidewalk meets the parking lot. Staff clarified the location and mentioned that it would be at the discretion of the Commission to require this condition or not. Doug Fisher stated that he is working with Circle K, the next door neighbor, and they are willing to share the trash facility so that a trash enclosure would not be necessary. Staff stated that the condition reflects that direction and they would be happy to work with the applicant in obtaining the necessary document from the property owner. Commissioner Weil asked if there was any other landscaping being done other than the planter. Doug Fisher stated there were four existing planters and those would be planted and irrigated by a professional landscaper. Commissioner Weil noted that she thought this was an idea whose time had come. Commissioner Baker asked for clarification as to holding the merchandise for seven days after purchase. Staff affirmed that there was a period of time that serialized items be held before resale. Dan Smock Corporate Real Estate President of Play It Again Sports, stated that this company was started in Minnesota in 1983 , that they are a traditional retail establishment and now they have 510 stores across the United States, Canada and Europe and 54 of them in California. The Huntington Beach store is in the top ten percent of volume of the 510 stores. He showed the Commission a video tape concerning the store concept and the Parent Company, GrowBiz. The Public Hearing closed at 7:33 p.m. Commissioner Kasalek thinks the idea is wonderful and is glad to see it. Commissioner Mitzman thinks it is a good use for the City and would be in favor of relief on the landscaping as the applicant requested. Commissioner Lunn agreed and welcomed the business to the City. The Public Hearing opened at 7:35 p.m. Elaine Cubellis, Real Estate Resources, and Broker for the applicant stated she was unclear as to the landscaping requirements being requested, that she understood that the present landscaping exceeds the City's requirements. She also indicated that she was unclear about the document to be given by Circle K. Staff clarified that what was being required was an upgrade and renovation of existing landscaping consistent with the city's landscaping requirements. A trash bin is required on site unless the applicant can reach an agreement binding the adjacent property owner. The Public Hearing closed at 7:40 p.m. Commissioner Well moved, Kasalek seconded, to determine by Minute Motion that second hand sales are permitted with a Conditional Use Permit within the Retail Commercial (C-1) District. Motion carried 5-0. Planning Commission Minutes September 26, 1994 Page 4 Commissioner Well moved, Kasalek seconded, to approve Conditional Use Permit 94-020 by adopting Resolution No. 3301 revised as follows: Exhibit A, Page 3, Condition No. 3.8, add last sentence, to read, "Said agreement shall have language allowing the release of obligation for the off-site trash agreement only subject to approval by the City of Tustin." Exhibit A, page 6, eliminate Condition 5.1, renumbering Condition 5.2 and 5.3 and deleting Condition 5.4. The first paragraph of newly numbered Condition No. 5.2 shall read, "At Building Plan Check, complete detailed landscaping and irrigation plans shall be submitted for the upgrade of all existing landscaped areas on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements to the greatest extent feasible, as determined by the Community Development Department. These plans shall include the following:". Item (b) of this same condition shall read, "Show planting details, soil preparation, staking, etc.". Motion carried 5-0. REGULAR BUSINESS: 3. Mailbox Design Policy-East Tustin Recommendation - Staff recommends that the Planning Commission review and discuss the different guidelines relating to location, design and type of mailboxes and provide direction to staff on the issue. Presentation: Daniel Fox, Senior Planner Following discussion by the Commission, the East Tustin Mailbox Design Policy, Review Procedures-Existing and New Developments Section, Page 3, last paragraph was modified to read as follows, "Once approvals are obtained from the Post office, construction plans and fees, if necessary, should be paid to the Community Development Department and permits obtained, if applicable. The modifications should be implemented for the entire project, not on an individual case-by-case basis." 4. Oral Presentation on Housing Affordability Strategy Presentation was given by Christine Shingleton, Assistant City Manager and Rick Zimmer, Redevelopment Program Manager 5. Status Reports Receive and File Presentation: Daniel Fox, Senior Planner Commissioner Well moved, Kasalek seconded, to receive and file this report. Motion carried. 5-0. STAFF CONCERNS: 0 Report on Actions taken at September 19, 1994 City Council Meeting Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Weil Noted that a newly opened ADA ramp at Sycamore and Devenshire was encouraging people to drive through the park. Staff will send a representative to investigate the location. Asked if the Council was to hear a presentation by the County on the Peter's Canyon Specific Plan Project. Planning Commission Minutes September 26, 1994 Page 5 Staff affirmed that the presentation will take place at the October 3, 1994 City Council meeting. Commissioner Mitzman Complemented staff on the Balloon Festival preparation especially the traffic flow. Commissioner Kasalek Noted that due to her personal experience at the Balloon Festival she thought traffic and parking were a nightmare. Asked if Home Depot had received an extension to allow sidewalk sales following the conditions imposed on their last request before the Commission. Staff noted that Home Depot is continuing their usual method of operation since the permit has not come in yet and they are taking advantage of this time period to continue their illegal sidewalk sales. Asked what the situation was with the property at Red Hill and the 5 Freeway. Staff stated that a Taco Bell was proposed for that area and will be coming before the Commission within the next 45 days. Commissioner Baker Stated that he too had attended the Balloon Festival. He stated the catalog put out by the festival indicated that they had been working with the City on this project for one year and he asked when staff had first known about this event. Staff stated that although the promoter initially approached the City in April they did not choose the final site until August 1st leaving the City only six weeks to complete the project. Commissioner Well moved, Lunn seconded, to adjourn the meeting at 9:15 p.m. Motion carried 5-0. ADJOURNMENT: The next regular meeting of the Planning Commission is on October 10, 1994 at 7:00 p.m. Centennial Way, Tustin. in the City~Lt 300 Chairpe~on ' Barbara Reyes~ Recording Secretary