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HomeMy WebLinkAbout01 Minutes 5-13-027:03 p.m. Given All present Staff present None Approved Adopted Resolution No. 3831 7:O4 Ashabi MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MAY 13, 2002 ITEM #1 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS 1. APPROVAL OF MINUTES-April 22, 2002, PLANNING COMMISSION MEETING. It was moved by Kozak, seconded by Jennings, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING 2. CONDITIONAL USE PERMIT 01-035 A REQUEST TO PROVIDE MASSAGE SERVICES IN CONJUNCTION WITH SALON SERVICES WITHIN AN EXISTING TENANT SPACE. THIS PROJECT IS LOCATED AT 14061 PROSPECT AVENUE IN THE PLANNED COMMUNITY COMMERCIAL (PC-COMM) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3831 approving Conditional Use Permit 01-035. The Public Hearing opened. Presented the staff report. Minutes - Planning Commission May 13, 2002 - Page 1 Davert Sadhana Dudakia, applicant Denny Kirit Dudakia, the applicant's husband Denny Mr. Dudakia Denny Mr. Dudakia Denny Mr. Dudakia Denny Mr. Dudakia Davert Mr. Dudakia Davert Director Invited the applicant to speak. Indicated she had no comment. Asked if the applicant owns similar businesses elsewhere. Replied in the negative. Asked if the applicant assumed ownership of Bentley's Salon in October 2001. Answered in the affirmative. Noted that staff notified the applicant on October 22, 2001, that a permit was required to operate a massage establishment. Responded that the previous owner did not mention a permit at the time of purchase. Asked Mr. Dudakia if staff reminded the applicant on March 12, 2002, that a permit was needed to operate as a massage establishment. Responded in the affirmative. Asked if the applicant is presently operating as a massage establishment. Answered in the negative. Asked if the applicant had read the staff report and agreed to all the conditions. Responded in the affirmative; and, asked if conditional approval means the applicant would need to come back to the Planning Commission. Stated that Planning Commission approval is a recommendation to the City Council; and, suggested the Council will make a decision on this item at their next meeting. Noted that, unless there is an appeal filed, the approval will be final as of the next Council meeting; and, noted, as a point of clarification, the conditional use permit will continue if operated Minutes - Planning Commission May 13, 2002 - Page 2 Kozak Peterson Kozak Peterson Hamilton Director Kozak Director Davert Director Kozak per the conditions; however, an annual business license renewal will be required for the massage therapist. Asked, regarding Condition 2.2, if it will be necessary for the applicant to retain a professional traffic engineer to provide an updated site plan and parking summary. Answered that the applicant may work with the property owners to develop a simple parking summary showing the uses involved, the required parking ratio, the number of provided parking spaces, and the number of required parking spaces. Stated that the staff report indicates there is a discrepancy between the number of spaces; and, asked if it is the goal to reconcile that difference. Indicated it is staff's goal to look at the current uses and grant the applicant flexibility in demonstrating what the specific needs are. Asked whether there is an anticipated parking problem; and, expressed his concern that the applicant would be required to pay for unnecessary parking studies. Stated that the original approval established the square footages, ratios, and a certain number of parking spaces; noted that over the years spaces were lost; stated that the uses need to be reconciled to show the parking is not deficient; and, added that staff could accomplish this reconciliation by looking at the varied uses to determine if enough parking exists. Asked, if one or more of the other property owners is uncooperative, the City will be able to assist with the parking situation. Answered the City can make such a demand without this application pending. Asked if one property owner owns the entire center. Stated there is more than one parcel that shares parking. Stated he wanted to clarify it was not his desire to place an undue burden on the applicant for the entire shopping center. Minutes - Planning Commission May 13, 2002 - Page 3 Denny Ashabi Denny Jennings Dire~or Ashabi None Director reported Stated that he spoke with staff today to confirm that, after the applicant was notified in March that massage could not be offered without a permit, the operation ceased. Indicated that was correct. Emphasized it was his desire to clarify for the record that business owners involved in such sensitive uses cannot be allowed to operate without a permit and to make sure that the applicant meets all the conditions during the coming year. Asked about the timeline regarding the License and Permit Board. Stated the License and Permit Board would meet after the conditional use permit is approved by the City Council; and, added that, if the proposed business regulations are adopted, the permit would be handled at the staff level since the License and Permit Board will no longer exist. Stated that everything has been submitted for that process. It was moved by Jennings, seconded by Kozak, to adopt Resolution No. 3831. Motion carried 5-0. REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE MAY 6, 2002, CITY COUNCIL MEETING. The City Council approved the code amendment for office uses in the C-2 and Cultural Resources Overlay District, and the Ordinance will take effect soon. The City Council continued the notification for 500 feet and may recommend an additional continuance in order for staff to complete a survey of other communities that require additional notification; staff will provide a copy of the findings to the Planning Commission. Staff will be taking the code amendment for the business license regulations back to the Council; the Council wants to eliminate the License and Permit Board; the Planning Commission will have a role if the regulations are adopted as proposed, either as Minutes - Planning Commission May 13, 2002 - Page 4 Jennings Di~c~r Kozak Davert Hamilton the hearing body or an appeal body; the ultimate appeal authority will be the City Council. There were special meetings on May 8~ and May 10~ to adopt resolutions approving various agreements between the City and the United States government, conveying certain portions of MCAS-Tustin. An agreement was reached on May 10th between the City and the Santa Ana Unified School District regarding MCAS Reuse efforts. Invitations were sent to the Planning Commission for the conveyance ceremony scheduled tomorrow at 10:00 a.m. The Tustin Old Town Association material provided at the dais relates to zoning concepts and requests for support of future mixed use concepts within Old Town; staff will be looking at some of the items referred to in the packet; the existing Cultural Resources Overlay District already allows for some of these opportunities to occur; as staff receives direction from the City Council, the Planning Commission will be kept informed. COMMISSION CONCERNS Stated the Old Town Tustin Caltrans sign (heading west on Red Hill) points in the wrong direction; and, asked if there is a way to correct this misdirection. Indicated staff can attempt to get a modification of the arrow. Commented the Commission and staff recognized that the directional issue might be a problem when the Caltrans signs were initially proposed; staff indicated at that time additional directional signs might be required; perhaps there is work yet to be done. Stated Old Town Tustin signs, which would include the new logo, are being considered by the Tustin Old Town Association and the Redevelopment Agency, and directional signage throughout Tustin is included in that plan. Stated his appreciation for the new Enderle monument sign; asked about the temporary banner signs for Shoshana's; and, asked if Shoshana includes massage. Minutes - Planning Commission May 13, 2002 - Page 5 Hamilton Director Denny Kozak Director Kozak Director Referred to the staff report for tonight's item; and, asked, if staff was aware of massage services at Bentley's Salon in 1996, why was nothing done sooner. Responded that staff can look at old code enforcement files to verify the sequence of notification and report back to the Commission; and, stated the Business License Technician has been looking at those types of businesses more closely. Indicated he was proud to attend the Village of Hope ground- breaking over the weekend; and, offered congratulations to the City Council for their hard work in resolving the issues at the Base. Thanked staff for helping him to better understand the business license process. Stated he retrieved a snipe sign from the northeasterly off- ramp at Fourth Street and the SR-55, advertising for a May 4-5 event related to an auto dealership. Noted the Exxon station at Fourth and Irvine has an inordinate amount of signs advertising cigarettes, specifically referring to two pole-mounted signs that he does not recall the Planning Commission approving; and, added that there seems to be a proliferation of banners and painted signs in windows at several vehicular repair service businesses along Red Hill. Responded that staff will follow up by looking at the signs and comparing them to what is allowed by the Code; staff will report findings to the Planning Commission. Thanked the Director and the Traffic Engineer for addressing an item he presented regarding the intersection of Warren and Newport where a fire hydrant was being blocked by parked automobiles. Asked if a workshop schedule is being prepared. Indicated one of the items, the First Street Specific Plan, is being researched by a Cai State Fullerton graduate class, which will provide additional information for that workshop; the Community Development Department is currently understaffed by four positions; Justina Willkom was primarily involved in organizing the workshops; Justina has recently been responsible for the Housing Element Update, a significant undertaking, and the Community Development Block Grant One-Year Action Plan; Minutes - Planning Commission May 13, 2002 - Page 6 Dave~ 7:40 p.m. Adjoumed to June 10, 2002 Jennings those items are tentatively approved, allowing more time for future workshop preparation. Stated that, in his opinion, this past week was the biggest in the history of Tustin; and, commended the Council's leadership and staff's diligence, not only regarding the transfer that will take place tomorrow, but also resolving the issues with the neighboring school district. Reminded everyone the Chili Cook-Off takes place June 2nd. Echoed Commissioner Denny's remarks regarding the Village of Hope ceremony last Saturday. Encouraged everyone to attend the conveyance ceremony tomorrow, another momentous event in Tustin's history. Noted that graffiti has again appeared on the back of the Endede Center off~ce buildings on Yorba facing SR-55. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, June 10, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Stated she may n~be at.the second meeting in June. Minutes - Planning Commission May 13, 2002 - Page 7