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HomeMy WebLinkAbout04 P.C. ACT AGENDA 08-07-95ACTION AGENDA NO. 4 8-7-95 TUSTIN PLANNING COMMISSION REGULAR~ETING JULY 24, 1995 CALL TO ORDER: · 7:00 p.m., City CounciI Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Bone, Lunn, Mitzman and Vandaveer Absent: Kasalek 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 July 10, 1995 Planning Commission Meeting. Commissioner Lunn moved, Va~daveer seconded, to approve the Consent Calendar. Motion carried 4-0. Planning Commission Action Agenda July 24, 1995 Page 2 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. ~ Conditional Use Permit 95-006, Desiqn Review 95-021 And Siqn Code Exception 95-005 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RALPH RINGO · MILAGRA DESIGN 2900 BRISTOL STREET, SUITE A-202 COSTA MESA, CA 92626 RICK AND HONORENE BROWN 13411 PORTAL TUSTIN, CA 92680 1792 SAN JUAN STREET SUBURBAN RESIDENTIAL (R-4) THE PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL .QUALITY ACT. AUTHORIZATION TO ESTABLISH A MONTESSORI PRESCHOOL/DAY CARE FACILITY AND TO INSTALL A MONUMENT SIGN. Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 95-006, Design Review 95-021 and Sign Code Exception 95-005, by adopting Resolution No. 3370, as submitted or'revised. Presentation: Gregory S. Gubman, Assistant Planner Commissioner Lunn moved, Vandaveer seconded, to approve Conditional Use Permit 95-006, Design Review 95-021 and Sign Code Exception 95- 005 by adopting Resolution No. 3370 as submitted. Motion carried 4-0. Planning. Commission Action Agenda July 24, 1995 Page 3 Conditional Use Permit 95-009 (Continued Public Hearing from 7-10-95) APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CAR CAPITAL INC. ATTN: MR. GARY RHODES 18001 IRVINE BOULEVARD, SUITE 2C TUSTIN, CALIFORNIA 92680 18001 IRVINE BOULEVARD, SUITE 2C PROFESSIONAL (PR) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE'CALIFORNIA EQUALITY ACT (CEQA) TO ALLOW AN AUTOMOBILE PAWNBROKER BUSINESS IN CONJUNCTION WITHAN EXISTING AUTO BROKER BUSINESS AT AN EXISTING OFFICE BUILDING Recommendation -It is recommended that the Planning Commission approve Conditional Use Permit 95-009 by adopting Resolution No. 3368 as submitted or revised. Presentation: Robert A. Delgadillo, Assistant Planner Commissioner Vandaveer moved, Mitzman seconded, to approve' Conditional Use Permit 95-009 by adopting Resolution No. 3368 amended as follows, Condition 1.8, last sentence which states "or not possess a valid pawn brokers license from the State of California", removed; Condition 2.8amended to read, "The applicant shall be limited to performing no more than one (1) physical on- site vehicle evaluation/inspection per half hour for the purposes of determining if any auto pawn will be granted"· The following Conditions of approval have been added· Condition 1.6, shall read, "The applicant shall be in compliance at all times with all requirements of the City's Pawnbroker's license, and provisions of the Business and Professional COde and Financial Code applicable to pawnbrokers."; Condition 1.10, to read," Non-renewal or revocation of the City's Pawnbroker's license shall be.a ground for initiation of revocation procedures for this CUP."; Condition 1.11 to read, "Prior to exercising this CUP (applicant's actual operation of auto-pawn services), the applicant shall obtain a City of Tustin Pawnbroker's License·"; Condition 1.12 to read, "The applicant shall not violate any City ordinances, provisions of the Penal Code relating to an attempt to receive stolen property, or commit any other offense regarding stolen property, or violate provisions of the Business and Professions Code or Financial Code applicable to Planning Commission Action Agenda July 24, 1995 Page 4 pawnbrokers." and Condition 2.9 to read, "A vehicle taken in pawn shall be promptly removed to storage. No such vehicle shall remain at the business address after completion of the loan for more than thirty (30) minutes." Condition Z.Z modified to read, "A record of all transactions shall-be kept on the premises at all times and shall be made available for inspection by the Tustin Police Department. The contents of said record shall comply with Tustin City Code Section 361Z(a) as required by applicant's City of Tustin Pawn Brokers License."; Condition 2.3 amended to read, "The reporting of daily transactions and the contents of the report shall be in accordance with the City of Tustin Pawn Brokers License". Motion failed 2-2. Commissioners Bone and Lunn opposed. Following discussion, the Planning Commission unanamously directed staff to return with this item at the next meeting to provide an opportunity to.break the tie vote since Commissioner Kasalek was absent. The Public Hearing opened at 8:16 p.m. and is continued to the meeting of August 14, 1995. REGULAR'BUSINESS: 4. Status Report Receive and File Commissioner Vandaveer moved, Lunn seconded, to receive and file this report. Motion carried 4-0. STAFF CONCERNS: . Report on' Actions taken at the July 17, 1995 City Council Meeting. Staff reported on the subject agenda. Planning Commission Action Agenda July 24, 1995 Page 5 COI~ZSSZON CONCERNS: Commissioner Bone - None Commissioner Vandaveer Inquired about the status of the Popeye's Chicken sign on Newport Avenue and requested something be done with the dilapidated garbage-bag which is now covering the old sign. Staff stated that the owner has applied for a Sign Code Exception but was slow in responding to corrections to their plans. The City has issued a request for the corrections and given a short time frame for submittal of an application or Code Enforcement would be enacted; they have also been asked to put something better looking than the garbage bag up during the temporary condition. Commissioner Mitzman Expressed concern about the grass now dying and trees which had broken off and not yet replaced in the landscaping at Tustin Ranch. Asked how the landscaper · could be fired. Staff stated that payments for June and July had been withheld and that the Public Works Department was working with the contractor and acting under direction of the City Manager. The Public Works Director will provide a report for the Commission on this issue. Concerning the project status list, asked if there was a way to take projects off the report if it is known that they have been dropped by the applicant. Staff stated that it was a twelve month list except in the case of Design Review which was 18 months and unless an applicant pulled an item off the list, it would remain on the list until a time period ran out. The Director stated that staff will review the present list thoroughly for any items which may need removal. Planning Commission Acti'on Agenda July 24, 1995 Page 6 Commissioner Lunn .Inquired about the status of the Tustin Hospital vacant lot and the basketball idea. The Director stated that the Hospital had'been contacted and asked if there was interest some months ago, staff is awaiting feed-back from Texas headquarters. Acquisition activities on the Youth Center, however, are proceeding and a purchase agreement is in preparation. Inquired about the fence at McFadden/55 Freeway and who was responsible for it. She noted that the fence has been trampled down and she would like to see something done before someone gets hurt crossing the road by using this as a short cut to Circle K. Doug Anderson, Transportation Engineer, stated that the right- of-way was split down the middle of Pasadena, the fence to the east belongs to the City and the portion to the west belongs to Caltrans. The Director stated that staff has been assigned the responsibility to expedite Caltrans review as to where to put the fence. If Caltrans will not move fast enough, the fence will be set back to the City property line. Staff has been exploring Freeway standard fencing specifications that could not be cut or scaled. ADJOURNMENT: Commissioner Lunnmoved, Vandaveer seconded to adjourn the meeting at 8:29 p.m. Motion carried 4-0. The next regularly scheduled meeting of the Planning Commission is on August 14, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin.