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HomeMy WebLinkAboutPC Minutes 12-14-92MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 14, 1992 CALL TO ORDER: 7:07 p.m., Tustin Senior Center PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Kasalek, Baker, Butler, Stracker and Weil Absent: None 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. 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 23, 1992 Planninq Commission meetinq. 2. Siqn Code Exception 92-008 APPLICANT: CHEVRON U.S.A, INC. P.O. BOX 2833 LA HABRA, CA 90632 REPRESENTATIVE/ AGENT: GREER ENGINEERING CO. 2323 W. LINCOLN AVENUE #119 ANAHEIM, CA 92801 OWNER: CHEVRON PRODUCTS INC. P.O. BOX 2833 LA HABRA, CA 90632 LOCATION: 14082 RED HILL AVENUE ZONING: COMMERCIAL RETAIL (C-I) DISTRICT REQUEST: TO MODIFY THE SIGN CABINET NONCONFORMING POLE SIGN OF AN EXISTING Recommendation - It is recommended that the Planning Commission approve Sign Code Exception 92-008 by adopting Resolution No. 3108, as submitted or revised. Commissioner Weil moved, Butler seconded to approve the Consent Calendar. Motion carried 5-0. Planning Commission Minutes December 14, 1992 Page 2 PUBLIC HEARINGS: 3. Zone Chanqe 92-004 & Conditional Use Permit 92-039 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RONNIE & DINA LEE 12262 NEWPORT AVENUE SANTA ANA, CA. 92705 JOSEPH A. & NELL E. GENOVESE % MICHAEL GENOVESE, ATTORNEY 2123 SAN JOAQUIN HILLS ROAD NEWPORT BEACH, CA. 92660 14122 RED HILL AVENUE CG (COMMERCIAL GENERAL DISTRICT) A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 1. CHANGE THE ZONING OF THE SUBJECT PROPERTY FROM CG (COMMERCIAL GENERAL DISTRICT) TO C-1 (RETAIL COMMERCIAL DISTRICT); AND 2. AUTHORIZATION TO ESTABLISH A FORTUNE-TELLING BUSINESS. Recommendation Pleasure of the Commission. Presentation: Dan Fox, Senior Planner Commissioner Butler asked if the correct procedure was to split the vote into two sections. Staff replied affirmatively. Commissioner Kasalek asked the anticipated date of finalizing the General Plan. The Director replied that the General Plan should be completed in Spring of 1993, but may fluctuate with Public Hearing involvement; and that $50,000 would be appropriated upon adoption of the plan for a consultant team to prepare Zoning Ordinance Amendments. The Public Hearing was opened at 7:15 p.m. James Spivey, 1442 Irvine Blvd, #111, Tustin, broker representing the applicants, stated that the owner is not the applicant; that the applicants have a lease with option to purchase; and the owner has agreed to a zoning change with a Conditional Use Permit to comply with the option to purchase; and that the staff recommended a zone change rather than amend the ordinance. Ryan Patch, representing owner of Pinewood Apartments, stated that the apartment owner is opposed to the zone change; that the apartments are maintained in above average condition where couples with children reside; that the zone has kept this type of business out of the area; that to change the zone to accommodate the economy defeats its purpose; asked the Commission to delay the CUP if the zone change is approved; and to argue the item at this level may limit the burden on the City Council. The Director responded that any action to approve the project this evening would be recommended to the City Council; and that any decision to deny the project would be final unless appealed to the City Council. Marge Mayer, 14160 Red Hill Avenue, #113, Tustin, stated that she was concerned with the changes occurring in her neighborhood; that Planning Commission Minutes December 14, 1992 Page 3 there has been vandalism and robberies at the apartments; that they have multi-faceted residents; that she was opposed to this type of business and the type of character it might attract; and that students pass directly in front of the business. The Public Hearing was closed at 7:21 p.m. Commissioner Weil stated that there was no compelling reason to change the zone; that Red Hill would probably become a commercial area, but that the CG district is a better buffer for the residents; that a C-1 permitted business would be an inappropriate use for the area; that to change the zoning to accommodate a real estate sale would not be responsible on the part of the Commission; that children pass this on the way to school; and that any permitted uses in the C-1 district would not be appropriate. Commissioner Stracker stated that they needed a compelling reason to make a zone change; that this is a buffer area between the C-1 and residential area; that there are significant controversial uses in the C-1 district; and was opposed to the zone change. Commissioner Butler asked if it was common to deny a request for down-zoning. Staff replied that they did not consider this down-zoning; that each case is reviewed on its own merits on a case-by-case basis. The Director stated that Tustin is not technically organized in a hierarchial manner, unlike other cities; that there are illogical ways where the Commercial District is applied; that there have been incremental changes made. Commissioner Butler asked when the CG zone was placed on this property; if adjacent properties were C-1 at the time; and if it was zoned CG due to being a freestanding building. Staff replied that it was rezoned from unclassified in approximately 1977; and was unaware of the classification of other buildings at the time. The Director responded that the information was reviewed in 1985 indicating that certain types of buildings should be located in commercial shopping centers, other than free-standing buildings. Commissioner Butler stated that freestanding buildings may be being restricted from certain businesses; and asked why area was designed for C-1 and C-2 districts. The Director stated that incremental changes had been made to the district boundaries; and that the pattern remains from the 1960's when the area was annexed to the City. Commercial Weil stated that this building was a house in the early 1980's; that the Nisson house was zoned to CG to have compatibility with adjacent homes and that it may be the same for this house. Commissioner Butler asked if changing from CG zone to a C-1 zone would affect single-family homes and apartments; and was not convinced that it would be used commercially. Commissioner Weil stated that it was possible that the usage would not change, but that the Commission needed to be careful; that once the new zone was in place there are new uses allowed with a CUP; Planning Commission Minutes December 14, 1992 Page 4 that the only way to turn down a CUP is if the applicant has had trouble with the law; and that once changed the Commission would have less discretion. John Shaw, City Attorney, stated that parking, usage issues may be reason to deny a CUP; discretion would be more limited. noise, and other and agreed that Commissioner Butler stated that as the General Plan is consolidated, the area will be rezoned as C-i; that denying the zone change is sending the message that the City does not want to consolidate to C-i; and that the property is already being used commercially, and will not differentiate much with C-1 change. Commissioner Stracker stated that there is no compelling reason to change; and that they need to look at the overall use until the General Plan is updated. Commissioner Baker asked what was being done about the General Plan in the area. The Director stated that the property is proposed to be designated commercial under the General Plan; that any zoning actions would have to match the patterns in the General Plan; that there are specific recommendations of buffering uses in this category and by Zoning Ordinance amendments would have to show which uses should be outright permitted, prohibited, or temporary; that the Planning Commission could also determine that certain uses are not permitted within certain districts or a certain distance from specific types of uses. Commissioner Baker stated that it is their responsibility to respond to any request for a zone change; that there are other free-standing C-1 properties; that buffering is a good idea. Commissioner Butler noted a free-standing building at the corner of Red Hill and San Juan; that the CG property next to C-1 property backs up to residential property; that he feels this will be part of the C-1 zone after the General Plan is approved; that it may be important for the owner to have the zone change now; that he is for the zone change; and that there are enough compelling reasons at this time. Commissioner Kasalek stated that there are a lot of fragmented land uses; not convinced the area will become C-I; that she wants time to review the issue; and that she would rather deny the zone change and review at a later date. Staff passed out a draft resolution for the Planning Commission to review prior to taking action. Commissioner Butler stated that he would also like not to restrict property owners use of land; and that he hoped they were not setting a precedent and sending a message that the community could not have free-standing buildings for offices and certain businesses. Commissioner Weil stated that this is why the Commission has discretion; that they weigh each project on its merits; that they are not sending a blanket message. Commissioner Stracker noted a typographical error which was corrected, as moved. Planning Commission Minutes December 14, 1992 Page 5 Staff recommended tabling so that the applicant has the ability to appeal to the City Council; then the CUP could be brought back. Commissioner Weil moved, Stracker seconded to deny Zone Change 92- 004 by adopting Resolution No. 3104-D revised as follows: Page 2, E, line that reads "would continue to be perpetuated the fragmented" should read "would continue to perpetuate the fragmented" Motion carried 3-2. Commissioners Baker and Butler were opposed. Commissioner Weil moved, Stracker seconded to table Conditional Use Permit 92-039 as it cannot be acted upon without the required Zone Change. Motion carried 5-0. 4. Extension of Temporary Use Permit 92-008 APPLICANT: GROUNDWATER TECHNOLOGY, INC. 20,000/200 MARINER AVENUE TORRAi~CE, CALIFORNIA 90503-1670 OWNER: EDGAR E. PANKEY TRUST 320 WEST MAIN STREET TUSTIN, CALIFORNIA 92680 LOCATION: 13922 RED HILL AVENUE SOUTHEAST CORNER OF RED HILL AVENUE AND EL CAMINO REAL ZONING: CENTRAL COMMERCIAL DISTRICT (C-2) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE MINISTERIALLY EXEMPT PURSUAi~T TO SECTION 15268 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: EXTENSION OF A TEMPORARY USE PERMIT FOR TEMPORARY SOIL REMEDIATION EQUIPMENT FOR AN ADDITIONAL SIX MONTHS. Recommendation It is recommended that the Planning Commission approve Temporary Use Permit Extension 92-008 by Minute Order, subject to the conditions contained in Exhibit A. Presentation: Becky Stone, Assistant Planner Commissioner Baker asked if the noise could get up to 70 dBa. Staff replied that the soil remediation equipment can get up to 70 dBa, and that it has been requested to be muffled to 60 dBa. Commissioner Weil asked if an identifying sign was in place. Staff replied that it was required during the plan check phase, and is in place. Commissioner Kasalek asked if any complaints were logged against noise. Staff replied negatively. The Public Hearing was opened at 7:55 p.m. The Public Hearing was closed at 7:56 p.m. Commissioner Stracker asked the anticipated timeframe; asked about maintenance of fence slats; and suggested appropriate landscaping be placed if the project goes beyond six months. Planning Commission Minutes December 14, 1992 Page 6 Staff replied that this was different than other locations and that the applicant planned to be off-sight in approximately six months; that there is a maintenance person required to maintain the fence if required; and if the project goes beyond the six months, a CUP will be required. Commissioner Weil moved, Baker seconded to approve Temporary Use Permit Extension 92-008 by Minute Order, subject to the conditions contained in Exhibit A. Motion carried 5-0. 5. Extension of Temporary Use Permit 92-007 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SILICON SYSTEMS 14511 MYFORD ROAD ASSOCIATION 14351 MYFORD ROAD TUSTIN, CALIFORNIA 92705 14511 MYFORD ROAD PLANNING COMMUNITY -INDUSTRIAL (PC-I) IRVINE INDUSTRIAL COMPLEX THIS PROJECT HAS BEEN DETERMINED TO BE MINISTERIALLY EXEMPT PURSUANT TO THE PROVISIONS OF SECTION 15268 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION OF A TEMPORARY USE PERMIT FOR A TEMPORARY TRAILER FOR AN ADDITIONAL FIVE MONTHS. Recommendation It is recommended that the Planning Commission approve an extension of Temporary Use Permit 92-007 by Minute Order, subject to the conditions contained in Exhibit A. Presentation: Becky Stone, Assistant Planner The Public Hearing was opened at 8:00 p.m. The Public Hearing was closed at 8:01 p.m. Commissioner Stracker moved, Baker seconded to approve an extension of Temporary Use Permit 92-007 by Minute Order, subject to the conditions contained in Exhibit A. Motion carried 4-0. Chairperson Kasalek abstained. 6. Conditional Use Permit 92-042 APPLICANT/ LANDOWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: FIRST BAPTIST CHURCH OF TUSTIN 12881 NEWPORT AVENUE TUSTIN, CA 90680 12881 NEWPORT AVENUE PUBLIC AND INSTITUTIONAL IT HAS BEEN DETERMINED THAT THIS PROJECT IS A MINOR NEW CONSTRUCTION OF AN ACCESSORY STRUCTURE AND IS, THEREFORE, CATEGORICALLY EXEMPT (CLASS 11) FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO SECTION 15311. AUTHORIZATION TO INSTALL A 30 SQUARE FOOT MONUMENT SIGN TO REPLACE AN EXISTING POLE SIGN. Recommendation It is recommended that the Planning Commission approve Conditional Use Permit 92-042 to authorize the installation of a 30 square foot monument sign by adopting Resolution No. 3102 as submitted or revised. Presentation: Sara Pashalides, Associate Planner Planning Commission Minutes December 14, 1992 Page 7 The Public Hearing was opened at 8:04 p.m. The Public Hearing was closed at 8:05 p.m. Commissioner Stracker stated that he was for removal of pole signs that offer nothing to the property. Commissioner Baker asked if the applicant was aware of all conditions in the Resolution. Staff replied that the conditions have been discussed with the applicant. Commissioner Butler asked if a stucco base on the monument was part of the conditions. Commissioner Butler moved, Baker seconded to approve Conditional Use Permit 92-042 to authorize the installation of a 30 square foot monument sign by adopting Resolution No. 3102 as submitted. Motion carried 5-0. 7. Conditional Use Permit 92-041 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: KEITH ROBUCK 3619B WEST PENDLETON SANTA ANA, CA. 92704 AKEMI NAKATA 17 GRAND MASTER COURT DANA POINT, CA. 92629 17582 E. 17TH STREET PLANNED COMMUNITY COMMERCIAL IT HAS BEEN DETERMINED THAT THIS PROJECT IS A MINOR NEW CONSTRUCTION OF AN ACCESSORY STRUCTURE AND IT, THEREFORE, IS CATEGORICALLY EXEMPT (CLASS 3) FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303. AUTHORIZATION TO INSTALL A 49 SQUARE FOOT EXPOSED NEON POLE SIGN IN A SHOPPING CENTER THAT IS SMALLER IN SIZE AND SCALE THAN REQUIRED BY THE TUSTIN SIGN CODE. Recommendation - It is recommended that the Planning Commission deny Conditional Use Permit 92-041 relating to a pole sign, by adopting Resolution No. 3109 as submitted or modified. Presentation: Sara Pashalides, Associate Planner Commissioner Weil stated that the applicant could increase the monument sign up to 75 square feet; that the master sign plan for the center was limited; and that modification of the sign plan could be accomplished at staff level. Commissioner Butler asked the size of the property when subdivided in 1991; and if it is two separate owners. Staff replied that it has two separate owners; and would not have been five acres, but would have been close to 100,000 square feet. The Public Hearing was opened at 8:12 p.m. Brandy Fakier, 202 Quail Street, Newport Beach, Seeley/Wolff Property Management, stated that the tenants are suffering due to lack of sign identity; that they have been given more concessions than normal; that Video Giant and Conroy's Florist are failing; Planning Commission Minutes December 14, 1992 Page 8 that the First Fidelity National Property sign impacts their property; that their monument sign is too small; that not one tenant is doing well; that a larger monument sign would be appreciated if they cannot get approval for a pole sign; and that this area will become more high density commercial with growth; and that quality tenants do not want to be in their project because they cannot be seen. Commissioner Butler asked if there was an agreement for the Fidelity Federal sign to be moved from their property and relocated; and how Fidelity Federal would respond to removal of their sign. Ms. Fakier replied that this was an out-of-country purchase; that there is a lack of identity; that the sign needs to be relocated away from the drive aisle; that you see the other sign first; and that an easement would not allow removal of the Fidelity Federal sign. Commissioner Kasalek noted that the pole sign does not identify any particular shops. Ms. Fakier stated that they chose the sign to appeal to everyone since they could not fit more than 11 on the monument. Staff stated that a pole sign limits to center identification, not tenant. The Public Hearing was closed at 8:21 p.m. Commissioner Butler stated that the businesses were not only failing due to the signage, but also the economy; and did not understand how the pole sign would benefit Video Giant or other tenants; that there are no other pole signs in the area; but that they have done a good job designing this one. The Director stated that the code was not as flexible in the past for deviation from the master sign plan. Commissioner Baker stated that a pole sign would not help Video Giant which is very visible; that he is very sympathetic to signs; that a sign with "17 Unique Shops" was not helpful; and that a pole sign would only bring more non-conformance to the area. Commissioner Stracker stated that it was a nice center, and questioned why it was not heavily patronized; that the pole sign would be massive and distracting; and that a monument sign might be a better approach. Commissioner Weil agreed and asked if staff could lay out alternatives; that a pole sign would set a precedent which would create requests from other centers; that the same design should be turned into a monument sign and the sign location should be moved; that she sympathized, but these are hard times and a pole sign will not help. Commissioner Kasalek stated that the current sign has visibility problems; that the new design is attractive and would be eyecatching; and that a pole sign would set a precedent and is outdated. Commissioner Baker cited Faraday's as an example: Ruby's now has a smaller sign and is packed. Planning Commission Minutes December 14, 1992 Page 9 Staff stated that exposed neon would have to come back to the Commission for approval. Commissioner Weil moved, Baker seconded to deny Conditional Use Permit 92-041 relating to a pole sign, by adopting Resolution No. 3109 as submitted. Motion carried 5-0. 8. Conditional Use Permit 92-035 APPLICANT: LA_ND OWNER: MR. HAMID RASHIDIAN 14031 PROSPECT AVENUE TUSTIN, CA 92680 MR. ELDON PRIMROSE NEDRO M. AUSTIN TRUST 1219 SOUTH MAIN STREET SANTA ANA, CA 92707 LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: 13882 NEWPORT AVENUE, SUITE D COMMERCIAL GENEP~AL (CG) DISTRICT A NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO ESTABLISH AN ON-PREMISE DRY CLEANING FACILITY WITHIN AN EXISTING TENANT SPACE Recommendation - It is recommended that the Planning Commission: 1. Adopt Resolution No. 3106 certifying the Negative Declaration as adequate for the project; and 2. Adopt Resolution No. 3107 approving Conditional Use Permit 92-035, subject to conditions included in Exhibit A, as submitted or revised. Presentation: Joann Perry, Associate Planner The Public Hearing was opened at 8:32 p.m. Kelly Kelleher, 2121 Curry Street, Long Beach, Kelleher Equipment Company, Inc., stated that this equipment was permitted by the AQMD and was the latest technology with secondary containment; that it is not vented to the atmosphere; and provided drawings of the containment. Commissioner Butler asked if there was a potential heat problem. Ms. Kelleher replied negatively, that the new machinery is a refrigerated dry cleaner. Commissioner Butler asked if the walls are continuous to the ceiling. Mr. Primrose, land owner, affirmed and recommended approval. The Public Hearing was closed at 8:35 p.m. Commissioner Baker stated that there was good ingress and egress with adequate parking. Commissioner Stracker asked the hours of operation. The Public Hearing was re-opened at 8:36 p.m. Ms. Kelleher replied that it was open 7:00 to 7:00 Monday through Saturday; that parking was not a problem since most of the business was done by 7:00 or 8:00 a.m. Planning Commission Minutes December 14, 1992 Page 10 Commissioner Baker moved, Butler seconded to adopt Resolution No. 3106 certifying the Negative Declaration as adequate for the project. Motion carried 5-0. Commissioner Baker moved, Weil seconded to adopt Resolution No. 3107 approving Conditional Use Permit 92-035, subject to conditions included in Exhibit A, as submitted. Motion carried 5-0. 9. Conditional Use Permit 92-034 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. HOA TU LY 17311 E. MCFADDEN #B TUSTIN, CA 92680 KEUNG RI HAHN 4226 KEYSTONE AVE CULVER CITY, CA 90232 17311 E MCFADDEN #B (COMMERCIAL GENERAL) IT HAS BEEN DETERMINED THAT THIS PROJECT IS A MINOR ALTERATION TO AN EXISTING FACILITY AND IS, THEREFORE, CATEGORICALLY EXEMPT (CLASS 1) FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE PROVISIONS OF SECTION 15301. AUTHORIZATION TO ESTABLISH A COMMON OUTDOOR SEATING AREA DURING THE LUNCH HOUR. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 92-034 to authorize the establishment of a common outdoor dining area by adopting Resolution No.3101, as submitted or revised. Presentation: Sara Pashalides, Associate Planner Commissioner Baker noted that there is a request for seating for four people, but that the letter received notes 10 people. Staff replied that patrons have noted up to 10 folding chairs but that is not proposed by the applicant. Commissioner Kasalek asked if the donut shop has inside seating, and if this application was for outside seating from 11:00 to 1:00 p.m. only. Staff affirmed; stated that since it was on a public sidewalk, the outside seating would be available to anyone in the center. Commissioner Weil asked if the police reports and accidents could be corroborated. Staff replied that research had not been done, since it was a code enforcement item. The Director stated that the report had arrived late that afternoon; that there were no police concerns with routing of CUP; that the report could be held for review. Commissioner Butler asked if any of the signatories of the petition were patrons or owners. Staff stated that they were reviewing the addresses, but some could be business owners. Planning Commission Minutes December 14, 1992 Page 11 Commissioner Stracker stated that four to five feet would be taken up with dining; and asked if the item would be reviewed during the year; and about Health Department compliance. Staff replied that they will identify the number of complaints and will visit the site for compliance; that the Health Department conducts an annual review; and that the hours of availability were proposed by the applicant. Commissioner Kasalek stated that the drawing was showing worst case for arrangement of the chairs and that they could be repositioned; and asked about the guidelines of a minimum of 200 feet from the residents. Staff replied that this is compatible since it is outdoor seating. The Public Hearing was opened at 8:52 p.m. Commissioner Stracker questioned how well the area was maintained for clean-up, flies, etc. Phuc Mann Ly, 1119 E. Oxford Street, son of applicant, stated that there is hired help for clean-up. Commissioner Butler asked if they have had larger tables with more seating. Mr. Ly replied that they had more before they realized it was not allowed. Commissioner Baker asked if the applicant was aware that the table was available for others to use; if they were aware of the letter sent to the Commission; and agreed with staff recommendations. Mr. Ly affirmed and noted that the accidents were minor and not due to the restaurant. The Public Hearing was closed at 9:00 p.m. Commissioner Butler asked if violations occurred, could the CUP be automatically cancelled; and if the number of violations could be limited in the conditions. The Director replied that the CUP cannot be automatically cancelled; that revocation proceedings could be initiated in case of a violation; and that the municipal code allows for separate due process after facts are transmitted; and that conditions could be made limiting the number of violations allowed. Commissioner Stracker asked if alcoholic beverage sale was a concern since the market next door sells alcohol. The Director replied that off-site sales are regulated by the ABC; that someone could drink anything anywhere; and that on-site sales would require fencing around the seating area. Commissioner Weil stated that if the applicant found there was a problem, he could bring the chairs in. Commissioner Kasalek stated that problems noted in the letter were common to centers; and that the people in the center may need to report the problems to the Police Department or code enforcement. Commissioner Butler asked if the applicant would initial the changes. Planning Commission Minutes December 14, 1992 Page 12 The Director replied that the applicant was required to sign an agreement to conditions imposed form. Commissioner Baker moved, Butler seconded to approve Conditional Use Permit 92-034 to authorize the establishment of a common outdoor dining area by adopting Resolution No.3101, revised as follows: Exhibit A, Page 1, Add Condition 1.6 to read: "Ail conditions of approval for Conditional Use Permit 92-034 and applicable requirements of the Tustin City Code shall be complied with at all times. Any violations thereof will be grounds for initiation of proceedings to consider revocation of Conditional Use Permit 92- 034." Motion carried 5-0. OLD BUSINESS: NEW BUSINESS: 9a. Use Determination 92-003 APPLICANT: LANDOWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. MARK GASSMAN AMERICAN WEST 'MARKETING 2002 E. MCFADDEN AVENUE, SUITE 250 SANTA ANA, CA 92705 RREEF-IX, INC. 1630 SOUTH SUNKIST, SUITE A ANAHEIM, CA 92806 TUSTIN HEIGHTS SHOPPING CENTER 1076-1222 IRVINE BOULEVARD RETAIL COMMERCIAL (C-i) DISTRICT IT HAS BEEN DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 04) FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO THE PROVISIONS OF SECTION 15304 TO DETERMINE WHETHER AN OUTDOOR BOOK FAIR IS CONSIDERED A TEMPORARY USE PURSUANT TO TUSTIN CITY CODE SECTION 9270c. Recommendation Pleasure of the Commission. Presentation: Becky Stone, Assistant Planner Commissioner Stracker asked if the applicant had received approval from the Senior Center. Mark Gassman, 2002 E. McFadden, Santa Ana, applicant, stated that the Senior Center decided not to participate; but that Tustin High School was in need of funds for their projects. Commissioner Butler asked the procedure regarding the percentage basis. Mr. Gassman replied that the percentage for the non-profit organization is 20% for every dollar sold; that this is a pilot project for California; and that the group provides no funds; that their personnel is on-site 24 hours per day; that the gross sales average $10,000 with the groups getting 20%. Commissioner Weil asked the difference between this and book fairs in the schools. Planning Commission Minutes December 14, 1992 Page 13 Mr. Gassman replied that he was unfamiliar with school book fairs; that they sell all types of books and could provide them to any group. Commissioner Stracker asked if Foothill Boosters was involved. Mr. Gassman replied that he was informed by Foothill that they have enough money and was sent to Tustin High; and that all funds are accounted to the group. Commissioner Weil commented on usage of six spaces in front of Michael's just before Christmas; and asked why this will not be an impact on parking. Staff replied that staff monitors Tustin Heights Center parking lot once or twice per week and have seen no evidence of a need for the six spaces; and that 80 spaces were available in front of Michael's this day. Commission Butler asked if Michael's and other tenants were contacted. Staff replied that the applicant has obtained the property owner's approval. Mr. Gassman stated that they would not be located in front of Michael's or Ralph's, but near Fotomat, where not many park; that they received approval from the Fire Department; that they have not contacted Michael's; and that they will not locate there again once the new book store is in place. Commissioner Weil stated she was concerned with setting a precedent; that fireworks are historical, and strawberries with donations were approved due to being historically an agricultural area; that book fairs may lead to antique and clothing fairs, etc. and the City will look like a swap meet; and that there are two large discount book stores in the city and that this will not be filling a need. Commissioner Stracker stated that Christmas trees and strawberry temporary uses were alright, but it would be a stretch to allow book sales; that temporary use is in relation to a seasonal event; that there are more indoor/outdoor swap meets; and was opposed to this item. Commissioner Butler stated that the fireworks stand was operated by the benefitting group; and that this was just a new way of marketing a product; and would have no problem with agricultural group marketing produce, but not this type of product. Commissioner Butler stated that he was in support of the book fair; that the applicant was not requesting 2-3 times per month; that verbiage should be provided to limit the use; and would like to encourage this company. Commissioner Kasalek stated that it was a tremendous idea, but was concerned with setting a precedent; that she did not mind a tented book fair once in a while, since people flock to tents; that she did not want to lose control and need new language to limit use. The Director stated that the Commission had the ability in the Use Determination to be as specific as they chose; that they can determine that the tent needs to be enclosed; that they could not isolate the business to one site; that someone else may argue that Planning Commission Minutes December 14, 1992 Page 14 books do not differ from their product; and that Temporary Use standards have a policy for applications for special events. Commissioner Kasalek asked what other alternatives were available on Tustin High School property. The Director replied that the school district property was exempt from local zoning control; that there are non-profit events within the City throughout the year for vendors; and that the City provides a break to non-profit vendors at these events. Commissioner Kasalek stated that she preferred direction; that she was uncomfortable making this type of change. Mr. Gassman asked if events were done on school or church property. The Directors replied that schools are exempt from local zoning control, but not churches; that a Temporary Use provision allows for outdoor sidewalk sales for products sold on the property; that the sidewalk sales allowed are limited in number, need permission from property manager, and are limited to space in front of the store. Commissioner Kasalek stated that the book fairs in the schools have a book vendor in with a percentage donated to the PTO and school organizations may be interested in his proposal. Commissioner Butler suggested that they may be able to rent store space for the program and have a sidewalk sale of their own. Commissioner Weil stated that the sidewalk sale is an extension of the tenant, not a marketing group from out of town. Commissioner Weil moved, Stracker seconded to determine that an outdoor book fair is not considered a temporary use pursuant to Tustin City Code Section 9270c. Motion carried 4-1. Commissioner Butler opposed. STAFF CONCERNS: 10. Report on actions taken at December 7, 1992 City Council meetinq Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Butler -Commended staff on presentations given for the zone change and book fair items on the agenda. Commissioner Baker -Inquired about the Fidelity Title sign on the Oaktree Plaza property. Staff noted that the original sign program provided for a monument sign. The parcels were split and as a result the sign program is now non-conforming. The sign program could be amended. Planning Commission Minutes December 14, 1992 Page 15 Commissioner Stracker -Also commended staff on presentations given. -Requested that Commissioners get a vicinity map for all projects on the agendas. -Inquired about the status of the Tustin Heights Shopping Center pole sign. Staff informed the Commission that the item would come before them at the January 11, 1993 Planning Commission meeting. -Commended the City's Field Services Department on the quick clean-up of trees and debris resulting from the recent rain storm. Commissioner Kasalek -Informed staff of a sprinkler that was malfunctioning at Walnut Avenue and Raintree. Resident called the City but got no response. Staff informed the Commission that if a situation such as that arises again to call the Field Services Department and speak to Bob Ruehl. Staff will also send forms to the Commission to report problems they see in the field. -Wished everyone a Merry Christmas ADJOURNMENT: Commissioner Baker moved, Butler seconded to adjourn the meeting at 9:49 p.m. Motion carried 5-0. There will not be a second meeting in December, 1992. The next regular meeting of the Planning Commission is on January 11, 1993 at 7:00 p.m. at the Tustin Senior Center, 200 S. "C" Street, Tustin. ' MA/~'OR~ ~ ~SA~E~ ! ..... ~ Chairpei~on Secretary