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Home My WebLink AboutPC MINUTES 3-22-16MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 22, 2016 7:00 P.M. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Lumbard Present ROLL CALL: Chair Lumbard Chair Pro Tem Smith Commissioners Kavanaugh Mason, Kozak, Thompson Given PRESENTATION: Proclamation to former Commissioner Wisam "Sam" Altowaiji recognizing his years of service. None. PUBLIC CONCERNS CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES — MARCH 8, 2016 March 8, 2016 Minutes, as RECOMMENDATION: amended. That the Planning Commission approve the Minutes of the March 8, 2016 Planning Commission meeting as provided. Motion: It was moved by Thompson, seconded by Kozak, to approve the March 8, 2016 Minutes, as amended. Motion carried 5-0. PUBLIC HEARING: Adopted Reso. 2. CONDITIONAL USE PERMIT (CUP) 2016-04 No. 4311, as amended. Applicant: Michael C. Corey Wellness Stop 14471 Chambers Road, Suite 105 Tustin, CA 92780 Property Owner: Tustin Corporate Center, L.L.C. 2552 Walnut Avenue, Suite 230 Tustin, CA 92780 A CUP request to authorize joint -use parking for a chiropractic office at an existing condominium office complex at 2552 Walnut Avenue, Suite 145. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4311 approving CUP 2016-04 to authorize joint -use parking to accommodate a Minutes — Planning Commission March 22, 2016 — Page 1 of 5 chiropractic office at an existing condominium office complex located at 2552 Walnut Avenue. Dove Presentation given. Thompson Thompson's questions/comments generally included: On -street parking; clarification on "parking poaching" which was referenced in the traffic study and if the term referred to adjacent properties, not condominium units which have an open flow of parking; Thompson asked if there is currently an existing joint -use parking arrangement between the adjacent properties; and the restrictive hours and if there would be any adjustment to those hours. Willkom In response to the on -street parking question, Willkom stated that there is no on -street parking along Walnut Avenue and Franklin. Per the "parking poaching" question, she explained when the buildings were built in 1985, it consisted of five (5) parcels and five (5) buildings, which included CC&R's affecting the five (5) properties which are more related to ingress/egress and some architectural control of exterior modification to the building. There is no joint -use parking among the five (5) buildings. Willkom referred to the Conditions of Approval included in the staff report, which makes reference to minor modifications that the Community Development Director could revise at her discretion. Lumbard Lumbard asked if the hours of operation were presented by the applicant, specifically the 12:00 to 3:00 p.m. break and why no chiropractic services during that time period. Dove To answer Lumbard's question, it was the applicant that dictated the hours of operation within the application. Mason Mason asked what the "triggers" would be that would require staff to go back to the Commission or the Community Development Director. Willkom In response to Mason's question, the trigger would be if the Parking Demand Analysis cannot demonstrate that adequate on-site parking is available for all uses within the building. Which means the applicant would have to go back to the Planning Commission with a type of variance with the reduction of on- site parking. 7:15 p.m 7:16 p.m Thompson Motion. Public Hearing Opened. Dr. Michael C. Corey addressed business opportunity and he chiropractic business. Public Hearing Closed. the Commission and thanked them for the also provided a brief background of his Thompson was satisfied with the presentation and his, questions were answered therefore he was ready to move forward with the item. It was moved by Thompson, seconded by Lumbard, to adopt Resolution No. 4311, as amended. Motion carried 5-0. Minutes — Planning Commission March 22, 2016 -- Page 2 of 5 1 1 lb Adopted Reso. 3. CONDITIONAL USE PERMIT (CUP) 2016-03 TO ESTABLISH No. 4310. PAWNBROKER USE IN CONJUNCTION WITH A RETAIL WATCH STORE LOCATED AT 196 EL CAMINO REAL, SUITE 102 Applicant: Guillermo Del Rio Time Watches 196 EI Camino Real, Suite 102 Tustin, CA 92780 Property Owner: Guillermo Del Rio/Lizet Marie Orozco 6022 Greencap Avenue Irvine, CA 92604-2412 A request to establish a pawnbroker use in conjunction with a retail jewelry and watch store located at 195 EI Camino Real, Suite 102. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4310 approving CUP 2016-03 to authorize the establishment of a pawnbroker business in conjunction with a retail watch store Iocated at 195 EI Camino Real, Suite 102. - Dove Presentation given. Smith Smith asked if there were any police reports consistent with the complaintslconcems in the letter included in the staff report. Willkom In response to Smith's question, Willkom stated there were no police concems. Kozak Kozak made reference to Condition 1.8 of the Conditions of Approval, which is a standard condition. He wanted to be sure Ms. Candyce Belanger was aware of it when she obtained an audio transmission of the Commission meeting. Kozak also made favorable comments with the great care of the building both the applicant/property owners have done. Mason Mason referred to no signage being displayed and if that refers to inside and outside of the building. Dove Dove stated signage for the jewelry store would be displayed inside and outside the building. Willkom Willkom also responded that the signage restriction for the pawnbroker business would be applicable to the exterior of the building. Thompson Thompson made reference to the letter making reference to the pawnbroker business and asked that staff provide further explanation of a pawnbroker business because there could be an interpretation of terminology that could be raising concerns. He also asked what the City code and Zoning code would allow. Minutes — Planning Commission March 22, 2016 — Page 3 of 5 Willkom Willkom provided examples to the Commission on how a pawnbroker business is conducted with approval of a CUP. 7:27 p.m. Public Hearing opened. Ms. Paula Meyer, built the building at 170 EI Camino Real, where she lives and works and spoke in opposition of the item. She stated she did minimal research on pawnbroker businesses and found there is the potential of an increase in crime. Ms. Meyer was concerned the pawnbroker business would not help the property value or be consistent with the 'live, work, walk" in the Downtown area. 7:29 p.m. Public Hearing closed. Smith Smith had a follow-up question with regards to the limited scope pawnbroker use permit (Red Hill Avenue 1 Edinger Avenue) and if there was any related crime increase at that location. He also mentioned that should concerns arise in the future, then staff could address them then, which is why it is being conditionally permitted in this use. Willkom Willkom stated that the Tustin Police Department (TPD) has not reported any increase in crime activity at both locations. Lumbard Lumbard stated that the term "pawnbroker" elicits some sort of stigma. He also referred to the Conditions of Approval, specifically, the hours of operation, which are consistent with the surrounding businesses, as well as there being no concern with the TPD. Bobak Bobak also provided, to the Commission, a definition of the term "pawnbroker" from the Tustin City Code, via the City's website. Thompson Thompson had favorable comments with regards to the input Ms. Meyer previously provided to the Commission. He also referenced the C-2 central commercial district designations and overlays, in general. As long as noise, parking, safety, etc. are being addressed adequately as a permitted use within the definition of the C-2. Bobak The project is not permitted as a matter of right but it is permitted with a conditional use permit which allows the process of staff review, as well as TPD review to ensure there will not be any problems with it. The Commission's further comments generally reiterated what is stated in the Conditions of Approval. Should there be any issues in the future, then the Community Development Director can address at that time and re- evaluate the conditions. There was also direction provided to Ms. Meyer that if she was planning on appealing the item, to raise her issues to the City Council. Willkom Willkom informed the Commission that the item is appealable and that there are ten (10) calendar days to appeal to the City Council. Minutes — Planning Commission March 22, 2016 — Page 4 of 5 1 1 1 motion. It was moved by Smith, seconded by Mason, to adopt Resolution -1o. 4310. Motion carried 5-0, 61-1,11-11luffle W,40201 643 L*1011V1kT11RW*101RW4]jZNxflM r\ozak Kozak welcomed Dove to the City and thanked her for the presentations given. He will be attending the Miarch,26, 2016 Annual Easter Egg Hunt at Tustin's Sports Park (Tustin Parks & Recreation event). Thompson Thompson attended the OCTA Citizens Advisory Committee Bicycllp.- Pedestrian meeting on March 15, 2016 and his daughter got married, Congratulations, to Lauren and Jordan DeGracia! Smith No concerns. Lum I bard Lumbard congratulated the Thompson family. He will also be attending the March 26, 2016 Annual Easter Egg Hunt. Lumblard mentioned the Old Town I area and the conditionally permitted' uses and the study MIG is currently working on. He also directed staff to take note on the community's concerns regarding conditionally permitted uses as far as the concerns mentioned. Kozak Kozak requested to close the meeting in memory of Matthew Nisson, who passed away on February 20, 2016, served in World War 11, graduated from USC, married his high school sweetheart Peggy, and haM three (3), children. 7:43pm ADJOURNMENT� The next regular meeting of the Planning Commission i's scheduled for Tuesday, April 12, 2016, at7-00 p.m. in theCity Council Chamber at 3001 Centennial Way, 0 A . 0, i a•I a 11 01 AUSTIN LUMBISA RD Chairperson I Miniutes — Planning commission March 22, 2016 — Page 5 of 5