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HomeMy WebLinkAbout01 Minutes 7-8-02ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING July 8, 2002 7:00 p.m. Given CALL TO ORDER PLEDGE OF ALLEGIANCE All present Staff present ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Clayton Anderson, Code Enforcement Officer Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - JUNE 24, 2002, PLANNING COMMISSION MEETING. It was moved by Hamilton, seconded by Denny, to approve the Consent Calendar. Motion carried 4-0. Jennings abstained. PUBLIC HEARINGS Adopted Resolution No. 3837, as amended . REVOCATION OF USE PERMIT 76-4 WHICH AUTHORIZED A LUBRICATION AND MINOR TUNE-UP FACILITY. THIS PROPERTY IS LOCATED AT 155 WEST FIRST STREET IN THE FIRST STREET SPECIFIC PLAN COMMERCIAL AS PRIMARY ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3837 recommending that the City Council revoke Use Permit 76-4. 7:O2 Peterson The Public Hearing opened. Presented the staff report presentation and photographs. with a PowerPoint slide show Minutes - Planning Commission July 8, 2002 - Page I Director Pointed out the report and attachments provide the foundation for a revocation; stressed the seriousness of the action staff is recommending that the Planning Commission take; noted that City staff has attempted, over the years, to assist the owners with compliance including holding meetings and then issuing citations, criminally prosecuting through the City Attomey's office, entering into a Settlement Agreement; regardless of whether it be Econo Lube N Tune, the corporate permitee, or the local operator, compliance has not been achieved; and, noted how significant this recommendation is, since 1996, staff has recommended only one. other revocation of a permit in a similar instance. Jennings Asked if there are specific guidelines for the delineation of minor repair work from major repair work other than brakes. Peterson Staff has determined major versus minor repair. Davert Pointed out for the record that the resolution approved by the Planning Commission in 1976 addressed that issue in that the permit was for an automobile lubrication and tune-up facility; those two terms are self-explanatory. Director Noted that Finding h. within the approval of Use Permit 76-4 in Attachment B states: "The applicant has represented that no major tune-up or repair work will be undertaken on the premises and upon that basis and in reliance on such representation, this use permit has been approved." Consistent with other minor lube and tune facilities', brake work, auto bodywork, or similar repairs are not authorized. There is a vehicle on-site now that requires much more than just a lube, tune, or changing of windshield wipers. Hamilton Asked if other attempted revocations involved this project. Director Answered that, since 1996, no revocation of this permit has been proposed. Hamilton Stated that the color photographs should be included in the record; asked about the eadier problem with the Surfas Furrier sign not having lighting and not being operational; No. 4 of the resolution addresses some signage issues, but not that one. Peterson Answered that Mr. Surfas was in control of the sign at one point and had removed Econo Lube and Tune's sign; and, added she was not aware of any illumination problems. Draft Minutes - Planning Commission July 8, 2002 - Page 2 Director Hamilton Director ,Hamilton Director David Grant, 130 North C Street Lisa Serafin, 124 North C Street Nathan Menard, 345 West 6th Street David McCombs, Econo Lube N Tune corporate representative Noted there were plexes removed and some of the electrical components of the lighting were in disrepair, but that issue was resolved. Asked what the photograph in Exhibit C represents. Stated the photograph shows a deflated sign. Asked if the decibel levels were ever measured for this site. Responded that a comprehensive noise analysis was not completed. Expressed concern regarding Sunday work; parking of vehicles from the facility on the street has been a problem for some time; test driving along C and B Streets puts residents, especially children, at risk; noise is especially disturbing on the weekend, beginning before 8:00 a.m.; the bees hive and trash are ongoing concerns. Stated she moved to C Street one and a half years ago; her house is across the street from Econo Lube N Tune; in addition to Mr. Grant's concems, noted this is a nice community; she and her husband remodeled their home and do not want to move;' her. children have neady been hit on two occasions by the people test- driving of vehicles; suggested that residents are not safe on the sidewalks; the alley is also used for test-driving; parking is a major problem; there is oil in the street; tune-up items and other trash from the facility drift to her property; has had to request that cars not be parked in front of her house; music is very loud; people are there late at night--which causes concern about what is occurring at the facility. Commended staff for the report and investigative work, the years and time spent on this to bring this proposal to the Planning Commission; stated his understanding of the severity of the outcome; noted, as a resident of Old Town, he encourages the. Planning Commission to approve Resolution No. 3837 so this item may move forward to the City Council. Apologized to the community for the behavior of the franchisee during the last 14 months; stated charges have been filed against this franchisee with the Tustin Police Department, and the franchisee has been evicted from the site; and, noted his concerns related to the shared monument sign with Surfas Furrier. Draft Minutes - Planning Commission July 8, 2002 - Page 3 Davert Interjected that the sign is not at issue. Mr. McCombs Davert Mr. McCombs Kozak McCombs Davert McCombs Davert Stated the sign became an issue because it took the City a year to enforce the covenants of the signage; during that time, he was asked to be patient, even though the car count went down by half, as the city was doing everything legally possible to get the sign back; that process took more than a year; stated brakes are approved; stated that for 20 years, there were no problems at this location; prior to the episode with the last franchisee, each time corporate was made aware of a problem, the problem was addressed immediately. Asked what authority Mr. McCombs was referring to regarding the allowance of brake work. Stated the 1998 Settlement Agreement referred to brake work being done, but no further allowance of test-driving up and down the street; added approval was received to include Econo Lube N Tune and Brakes on the signage; and, noted that rebuilding engines is quite different which the franchisee should not have been doing. Stated the most recent franchisee was not the only problem; there have been five operators over the past eight years and problems existed with every one. Suggested there were problems with three, but for 20 years the building existed without problems; the criminal violation against the franchisee in 1997 or 1998 was to a franchisee who abandoned the building; stated the citation was based on the hood being left up on one vehicle; that situation was addressed and res°lved in the 1998 Settlement Agreement; in 1998, when the decibel levels were addressed, Econo Lube N Tune spent several hundred dollars for less noisy guns for removing wheels; staff agreed in 1998 to call corporate when problems occur; after 14 months, the City finally agreed to resolve the Surfas Furrier sign problem after Econo Lube N Tune's business had been irreparably damaged; it seems unfair to revoke the permit based on a franchisee who has already been evicted. Asked when the franchisee was evicted. Indicated three weeks ago, June 18, 2002. Asked why there are still four smashed vehicles sitting on the lot, two old vending machines out front, a bee hive on the side of the building, and the premises are in complete disrepair; and, Draft Minutes - Planning Commission July 8, 2002 - Page 4 McCombs Davert Holland McCombs Hamilton. McCombs Davert Holland suggested if Econo Lube N Tune were acting in good faith, there would be effort to clean up the site. Stated he went to the City to get a business license to reopen that store and were told to. stay away because of this public hearing; we were denied a business license; when we went to clean up the site, we were told to go away. Asked the City Attorney if a business license is required to maintain a property. Responded in the negative. Suggested it is when the City tells you to go away until the matter is resolved; stated Econo Lube N Tune has always been responsive to problems referred to them by the City, and there are huge gaps in the record when corporate was not informed. Stated his concem regarding corporate's lack of control over the various franchisees over the years; and, added that corporate's representative should maintain better control of the franchisees by visiting the property on a more regular basis. Stated the issues from 1997 were resolved by the 1998 Settlement Agreement; while he agrees it is the franchisor's responsibility to ensure compliance, the franchisor can only do what the law requires which is the same excuse the City gave him regarding the Surfas sign issue. Reiterated that the attempt to blame these problems on Mr. Surfas is inappropriate. Noted the sign issue was diligently dealt with by the current processes and procedures to resolve that code violation; Mr. McCombs declined to pursue Mr. Surfas civially and instead relied upon the City to go through its process; the City is going through a similar process on the latest violations; pointed out that the. Settlement Agreement of 1998 that Mr. McCombs signed contains no reference dealing with brakes, brake work, etc., and read from the agreement: "The Defendant and Employer acknowledge that the following acts are prohibited under the Tustin Municipal Code and conditions of Conditional Use Permit 76-4: (a) Working on vehicles outside of the service bays, in the customer parking spaces and in the street; Draft Minutes - Planning Commission July 8, 2002 - Page 5 Jennings McCombs Jennings McCombs Hamilton McCombs (b) (c) (d) (e) (f)¸ Parking customer vehicles so as to block the public right of way; The northerly exit door of the northerly building shall be kept closed during any tune-up work; All work on the site shall not exceed the noise levels established by the City of Tustin Noise Ordinance; No customer or employee vehicles shall be parked, temporarily or permanently, in the public alley behind the facility; and No major automotive repair service shall be permitted on the premises." Stated her understanding of Mr. McCombs' frustration with the slowness of due process on the sign issue; however, the pages and pages of complaints that staff has against Econo Lube N Tune reflect the patience of the City; and, asked how franchisees are screened. Indicated there has been a problem getting good quality franchisees; various checks are completed including what businesses they have run previously; stated it is difficult for a parent organization to remove a franchisee once they are operating; stated the franchisee was evicted; stated the corporate office has another franchisee ready to take over this site once it is cleaned up; and, stated there has been a. large amount of time, money, and effort expended over the years renovating and remodeling this building. Suggested that the franchisee screening perhaps needs upgrading; noted the money and time invested by Econo Lube N Tune may not match what the City has done in an effort to keep the facility at that location; stated the Planning Commission is not anti-business, but noted her concerns related to the issues. Restated that for 20 years this was a good business with no problems; and, insisted the evicted franchisee is the cause of the revocation request. Expressed his appreciation to Mr. McCombs for his apology; asked Mr. McCombs to try to see this issue from the Planning Commission's point of view; and, noted there have been multiple complaints over the years. Responded that his desire is that the store be allowed to continue with a new franchisee who would be informed what the rules and responsibilities are; if rules are not followed, that business owner should be held accountable, not the corporation. Draft Minutes - Planning Commission July 8, 2002 - Page 6 Davert McCombs Davert Director Stated that Mr McCombs' suggestion that the monitoring of the franchisee, the policing of the facility, and ensuring compliance be the responsibility of the City is disingenuous; most franchises have routine inspections frequently to assure the facilities are being maintained in accordance with franchise agreements; that does not seem to be happening with Econo Lube N Tune; suggested it is not the City's responsibility to do that for Econo Lube N Tune and be reporting back to company headquarters when the franchisees do something in violation of the Code--that is corporate's responsibility; and, asked what Econo Lube N Tune is doing to police their franchisees. Stated he did not mean to imply it was the City's responsibility to monitor the franchisee; the request was for the City to call him if there was a problem; when he received calls in the past, he made a point of solving the problem; he visited this site anonymously and pointed out problems to the manager, talked to members from the corporate office, wrote them up, and got issues resolved; the corporate office has local representation who does monitor; if the owner refuses, onlY due process can remove that franchisee. Asked if there were any further questions for McCombs. Offered the following points of clarification: Mr. Grant indicated there was Sunday work occurring. This is a relatively old use permit. It did not fall under the auspices of current auto service guidelines. There were no day or time limitations in the use permit. In 1996, a relatively new franchisee had taken over because they were getting numerous complaints; this franchisee agreed voluntarily not to operate on Sundays. That may not have been true with operators since then and was not part of use permit. If a new use permit were being considered now, day and time limitations would be considered due to the proximity to residential uses. To put things into some perspective: In approximately 1994, the City established a professional code enforcement program; prior to that, there was a part-time planner that would respond to complaints. Since then, the City has had either one, two, or three professional code enforcement officers dealing with these specific kinds of things. Noted that the City did not tell Econo Lube N Tune or a new franchisee to go away and Draft Minutes - Planning Commission July 8, 2002 - Page 7 Peterson Dean Maakestad, representing Econo Lube N Tune Jennings Director 8:07 p.m. Hamilton Jennings Kozak we would not allow operation at that location. The request that was made was for an oil change, tune-up, smog check, and auto repair facility. The City submitted a letter back indicating that a business license could not be' issued based on the proposed use. The use that was approved for that facility was a lube and tune facility only. Had they requested a lube and tune facility only, a business license would have been granted. Noted the City wanted any new franchisee to understand that a revocation of the use permit at this location was being commenced. Added that during Clayton Anderson's tenure, he has been dealing with Econo Lube N Tune's corporate headquarters, specifically, Dean Maakestad or Dave Shaeffers; Mr. McCombs' implication no contact was made with the headquarters is erroneous. Stated the first contact he had with the City of Tustin was with Clayton Anderson on June 18, 2002; indicated the franchisee was gone and showed Mr. Anderson the sheriffs notification; for the City to say corporate has been notified on any other Cases is not true; there has been no notification to him; the only way the City got his name was Mr. Anderson's taking his card on June 18th; he had never dealt with the City before that day; to say that corporate did several things is not true. Asked staff for the date of the most recent request for a business license. Stated June 16, 2002, to which staff responded on the 19% The Public Hearing closed. Noted all the evidence presented by staff supporting' revocation of this permit; noted that harm to residents and the environment are major concerns; stated his understanding that revocation of a conditional use permit is an important issue for the City; noted he supports property rights, but the evidence in this case supports revocation; suggested the franchisor should exert more control and be more vigilant regarding issues such as those presented in this report; and, stated his support for revocation. Stated her regret that revocation is necessary; suggested that Econo Lube N Tune needs to have more control over their franchisees; considering the pages and pages of reports, it would be difficult not to recommend revocation. Noted the seriousness of the proposed action; stated his understanding of the seriousness of the violations; stated that the Draft Minutes - Planning Commission July 8, 2002 - Page 8 Holland Davert Director Kozak Director Kozak Denny Anderson City is following due process; noted since 1998, the number of enforcement calls received does not suggest diligence on the part of Econo Lube N Tune in selecting appropriate qualified vendors or franchisees; and, noted his support of revocation. Added that he believes both findings in the resolution not only can be found but are found and recommended that be indicated in the resolution by adding "the same or similar use" so there can be no debate about major repair work, brake work, etc. The staff work is conclusive. There are numerous violations. The operation is not suitable for the site or the area. Noted the language "same use" is from the Code; it is not at the discretion of the Commission to expand that language. Asked if that could be evaluated at the staff level and a determination made. Answered that, if a similar use were to be presented, it would require a discretionary action and would come before the Planning Commission. Withdrew his comment in view of the City Attomey's legal point. Asked for clarification whether Commissioner Kozak questi°ned modifying Finding I of Resolution No. 3237 to read: "Both findings are hereby made and use permit should be revoked." Responded in the affirmative. Noted there was no representative of the property owner in attendance; stated he formedy lived at 178 North C Street and personally witnessed test driving up and down that street; his wife called the City a number of times (during 1996) and was told the City was aware of the problem; he had work done on his car beyond a lube and tune job--an altemator replacement or something similar .considered a major repair; verified the neighbors' comments regarding the unsightly, unhealthy nature of the facility and surrounding area; noted that C Street became dangerous due to the number of cars parking on the street that were being serviced at the facility; and, asked if staff advised Econo Lube N Tune to clean up the site as it exists today. Responded that Econo Lube N Tune was informed it would a more timely process if they towed the cars than if the City had to do so, due to the noticing process. Draft Minutes - Planning Commission July 8, 2002 - Page 9 Denny Asked for the status of the current lease. Director Denny Peterson Denny Davert None Stated staff has no knowledge as to the business terms. Referred to Commissioner Hamilton's mentioning 56 complaints and clarified that reference was to 56 staff actions since 1994; there were many more than 56 complaints. Stated the number 56 refers to the number of police Calls for service. Stated he takes this action very seriously, perhaps the most serious a Planning Commission can take; staff is to be commended for the work on this report; noted this applicant is asking for a sixth opportunity with a sixth franchisee; noted his support of property rights, supports those rights within the~ context of community standards, and this. operation has violated those standards continuously since 1994; and, supported staffs recommendation, with the suggestion made by Commission Kozak. Stated it has been his policy to protect property rights; noted he reviewed the staff report carefully looking for ways to vote against the revocation but found none; noted it is not the City's responsibility to track down who the manager of the day is, who the corporate officer of day is; noted notice has been provided repeatedly through the years; these are not small violations, such as a banner; these are major violations with serious health, safety, and environmental implications; noted the attempt to blame the neighboring property owner, the attempts to blame the staff, and the excuses for not cleaning up the property since this action was initiated are disingenuous; noted he would rather not revoke a the use permit but cannot ignore the rights of the community, the rights of the neighboring property owners; believed everyone deserves a second chance. However, there are seven pages of second chances in this case, and the City has done everything it can; noted the lack of oversight by the franchisor is troubling; reiterated his concem that nothing has been done to clean up the site or eradicate the bees; reiterated his support for the revocation of the permit; and, asked for a motion. Jennings moved to adopt Resolution No. 3837, as amended, seconded by Denny. Motion carried 5-0. REGULAR BUSINESS Draft Minutes - Planning Commission July 8, 2002 - Page 10 STAFF CONCERNS Director reported Davert Hamilton Jennings 3. REPORT OF ACTIONS TAKEN AT THE JULY 1, 2002, CITY COUNCIL MEETING. The City Planning action to meeting. Council received Chairman Davert's resignation from the Commission, effective August 1, 2002; the Council took set interviews and appointments at the August 5, 2002, The City Council selected John Laing Homes and directed staff to prepare an Exclusive Agreement to Negotiate the development of Planning Area 20, Tustin Legacy. As a follow-up item, stated that the population figures on the Caltrans entrance signs have been corrected. Indicated the sign at the eastbound SR-22 transition to southbound SR-55 still reads about 52,000. COMMISSION CONCERNS: Wished Chairman Davert the best of luck in his endeavors. Thanked the' residents who attended and spoke at tonight's meeting. Indicated he enjoyed the Fourth of July festivities at Tustin High School. Stated the trash problem at southbound I-5 at Tustin Ranch Road is going to be a continual problem; and, suggested Caltrans should address this situation on a more regular basis. Stated she will be unable to attend the July 22, 2002, Planning Commission meeting as she will, be out of the country. Since this was her last meeting with Chairman Davert, noted she enjoyed serving with him as an outstanding Chairperson; and, stated her appreciation for his service to the community. Thanked staff, naming Clayton Anderson specifically, for their work preparing the staff report, which was presented very clearly, making it easy to understand. Stated her concern regarding the parking lot behind Bally's; there have been small vans there frequently; recently there was a bus in Draft Minutes - Planning Commission July 8, 2002 - Page 11 Denny Kozak Davert Kozak bad condition, perhaps non-functioning; and, asked staff to investigate this situation. Reminded everyone the Living History Tour takes place July 27 from 11:00 a.m. to 4:00 p.m.; stated that David Hewes will be at her home waving from the porch and addressing the crowd; and, asked that everyone attend this fun event. Thanked staff for their thorough work on tonight's report, making the Commission's decision recommending revocation quite easy. Pointed out that the Arco station at Redhill and San Juan now has vans stored at the site; the weeds keep growing; the yellow tape is still up. Thanked the residents for attending the meeting and speaking out on behalf of their neighborhood. Stated it was a pleasure to serve with Chairman Davert. Noted he will be unable to attend the July 22, 2002, meeting. Thanked staff for the complete and thorough staff report; and, noted Clayton Anderson's attendance at the meeting. Stated his appreciation for Chairman Davert's service to the Planning Commission as Chairman and as a member over the years. Thanked staff for responding to the tree overgrowth at The Barn. Stated that revitalization efforts, which appear to be private, along Irvine Boulevard are reassuring and positive, especially in contrast to some of the aspects of tonight's item. Stated his appreciation to Parks and Recreation for their outstanding work on the Fourth of July festivities again this year. Referred to Commissioner Kozak's mention a few meetings ago of tobacco advertising on the light standards at one of the gas stations; noted that tobacco advertising has appeared at the 7-11 store at Pacific and First Street; and, asked that code enforcement request the discontinuance of that advertising. Stated the signs at the Exxon station have not been removed. Draft Minutes - Planning Commission July 8, 2002 - Page 12 Director 8:36 p.m. Apologized for not formally introducing code enforcement officer Clayton Anderson to the Commission; and, noted Clayton normally covers the Old Town area and most of north Tustin. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, July 22, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Draft Minutes - Planning Commission July 8, 2002 - Page 13