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HomeMy WebLinkAbout01 PC Minutes 6-9-03ITEM #1 7:00 p.m. Given All present Staff present None Approved Adopted Resolution No. 3870, as modified MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING m 7:00 P.M. JUNE 9, 2O03 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR . APPROVAL OF MINUTES- MAY 12, 2003, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Amante, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS . CONTINUED CONDITIONAL USE PERMIT 02-018 AND DESIGN REVIEW 02-018 FOR AUTHORIZATION TO CONSTRUCT A 2,983 SQUARE FOOT RESTAURANT, WITH A DRIVE-THRU LANE AND OUTDOOR DINING AREA, AT THE PROPERTY LOCATED AT 171 EAST FIRST STREET. THIS PROJECT IS LOCATED IN THE "COMMERCIAL" DESIGNATION WITHIN THE FIRST STREET SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3870 for Conditional Use Permit 02-018 and Design Review 02- Minutes - Planning Commission June 9, 2003 - Page 1 7:01 p.m. West Menard West Menard Director Jennings Ron Underwood Menard Mr. Underwood Tiffany Stroupe, 185 Lockwood Park Place 018 approving the request to construct a 2,983 square foot restaurant with an outdoor dining area and denying the request to install a drive-thru lane at 171 East First Street. The Public Hearing opened. Presented the staff report. Asked whether or not during plan Prospect entrance would include parking spaces. check realignment of the adding finger islands and Stated additional parking spaces may be provided which could also allow for additional seats within the proposed footprint of the building; landscape islands may be required as a result of complying with the City's Landscaping and Irrigation Guidelines. Thanked staff for the additional comments provided in this report. Pointed out Condition 2.23 in the modified resolution of approval that requires the trash enclosure to be relocated toward the rear elevation of the building, further away from where it was located in the plan being reviewed this evening; that modification will take place at plan check; a condition was added stating the staff may annually review the use; such review would only be necessary if problems develop with the conditions of approval or valid issues occur with the neighbors. Invited a representative from Farmer Boys to speak. Thanked staff for their hard work and the Planning Commission for considering the proposal; stated that Farmer Boys was in concurrence with the conditions as stated. Asked Mr. Underwood if other Farmer Boys are operated without a drive-thru. Answered that the main corporate restaurant in downtown Riverside operates without a drive-thru. Thanked the Planning Commission for their consideration of the concerns presented by the neighbors, Farmer Boys for their consideration and elimination of the drive-thru, and the planners who worked very hard on this project; stated the resolution of the issues regarding noise and exhaust odors from the rooftop equipment was appreciated; added that continuing concerns are Minutes - Planning Commission June 9, 2003 - Page 2 Jennings Anderson Jennings Pontious Patrick Stroupe, 185 Lockwood Park Place Jennings Mr. Stroupe Phil Cox, 435 El Camino Real the hours of operation and additional traffic that will affect her neighborhood; suggested perhaps no-outlet signs or other restrictive signs could be placed in the neighborhood; suggested that the patio will be a source of noise; and, as a compromise, given the greater possibility for vandalism at night, requested the hours of operation be modified to 7:00 a.m. to 10:00 p.m. daily in ensure the privacy and security of the residents. Asked the Traffic Engineer if a no-outlet sign would be appropriate since there is an outlet from that neighborhood. Responded that staff can investigate and determine what type of signing might deter traffic and also be appropriate for that location. Suggested the primary source of traffic would be from vehicles traveling south on Prospect and not people leaving the proposed restaurant. Added that drivers leaving the restaurant site and going into the neighborhood would require a U-turn at the First Street traffic signal. Stated there is a McDonalds 300 Wienersnitzl across the street which neighborhood. feet away and a Der already come into the Noted that cars exiting on Prospect must turn right and those exiting on First Street must turn right, which means the exiting traffic will not be headed toward Mr. Stroupe's neighborhood. Added his thanks to staff for recommending denying the drive- thru; commented that the outdoor patio is still a major noise concern; referred to the activities that take place before a restaurant opens and after it closes which can result in longer hours than specified; stated he would like to see Sundays restricted to 9:00 p.m.; asked for restrictions on the hours allowing equipment startup, landscape maintenance and watering, parking lot cleaning, trash pickup, etc. that could conceivably amount to 24-hour activities; and, reiterated the request that the hours of operation be restricted to 7:00 a.m. to 10:00 p.m. Monday through Saturday and 7:00 a.m. to 9:00 p.m. on Sunday. Stated he has owned Cox's Market Plaza for 33 years; suggested that property owners who purchase homes adjacent to commercial districts should be prepared to accept the situations that exist in those residential areas; stated the City's sweeper Minutes - Planning Commission June 9, 2003 - Page 3 Mr. Underwood Jennings Amante Mr. Underwood Kenny Dewan, President of Farm Fresh Restaurants, one of the operators of Farmer Boys Restaurants Jennings Mr. Dewan Jennings Mr. Dewan Jennings cleans the streets at 5:00 a.m. and that is part of living in Old Town versus Lemon Heights; referred to the business survey presentation on May 29, 2003, co-sponsored by the City and the Chamber of Commerce, which stated the major portion of the financing of the City comes from sales tax revenue; suggested the proposed use by Farmer Boys would contribute to that revenue; stated he and friends visited the Farmer Boys in Brea and had a very good meal and a pleasant experience; and, welcomed the project to Old Town. Stated that Farmer Boys is willing to work with the residents regarding the hours of operation, but the 6:00 a.m. opening is extremely important to the Farmer Boys operation; Farmer Boys would be willing to close the patio at 10:00 p.m. Asked if Farmer Boys was suggesting opening at 6:00 a.m. for inside service, opening the patio at 7:00 a.m., and closing the patio at 10:00 p.m. Asked if Mr. Underwood was stating Farmer Boys would be willing to open from 6:00 a.m. to 10:00 p.m. on Friday and Saturday. Asked Kenny Dewan to respond. Stated he was reluctant to speak for Bob Veriato who was unable to attend the meeting due to illness; indicated he would not commit to something which could not be supported later; stated that opening at 6:00 a.m. and closing at 10:00 p.m. would be preferable to opening at 7:00 a.m. because all Farmer Boys restaurants are committed to opening at 6:00 a.m. Asked for clarification that Mr. Dewan was suggesting operating hours for the entire restaurant from 6:00 a.m. to 10:00 p.m. Referred to the hours 6:00 a.m. to 10:00 p.m. Monday through Thursday and 6:00 a.m. to 12:00 a.m. Friday and Saturday. Asked Mr. Dewan about the patio hours. Indicated the patio could be restricted to 8:00 a.m. to 10:00 p.m. daily. Asked Mr. Dewan if he was suggesting inside hours Monday through Thursday from 6:00 a.m. to 10:00 p.m. and Friday and Saturday on the patio from 7:00 a.m. to 10:00 p.m. Minutes - Planning Commission June 9, 2003 - Page 4 Nielsen Mr. Dewan Jennings Mr. Dewan Ms. Stroupe Jennings Ms. Stroupe 7:30 p.m. Jennings Director Amante Pontious Stated his understanding that the applicant was suggesting hours being restricted to 10:00 p.m. Friday and Saturday in exchange for being open at 6:00 a.m, Answered he had not thought this through and had not spoken with Mr. Veriato and others who are decision-makers, but he believes the company might be willing to compromise on the patio dining hours. Suggested that the final decision could be left to staff and company representatives. Concurred with Chairperson Jennings' suggestion. Clarified that the residents' request was that the entire restaurant open at 7:00 a.m. and close at 10:00 p.m. daily, but the previous comments suggest going back to the original hours. Stated the inside hours suggested are 6:00 a.m. to 10:00 p.m. on weekdays and 6:00 a.m. to 12:00 a.m. on Friday and Saturday and the patio hours from 7:00 a.m. or 8:00 a.m. to 10:00 p.m. as a possible compromise. Restated the residents' concerns regarding the whole restaurant and the activities involved in opening, closing, maintenance, etc. The Public Hearing closed. Asked staff for information regarding restrictions on noise. Answered that a condition can be added regarding deliveries and outdoor operations; the Noise Ordinance governs these issues, but staff can further restrict some outdoor operations, if desired, as follows: "Condition 5.8: No deliveries or exterior work shall occur prior to 7:00 a.m. or after 10:00 p.m. daily." Complimented staff regarding their handling of the residents' concerns, especially the removal of the drive-thru; suggested the revised application is a fair compromise and a balanced approach to the desires of the residents and the business owner; and, stated his approval of the project. Echoed Commissioner Amante's comments, stating Farmer Boys is a business-friendly use for this site; suggested there may be a process whereby neighborhood parking could be by permit only; and, stated her support for staff's recommendation. Minutes - Planning Commission June 9, 2003 - Page 5 Menard Nielsen Adopted Resolution No. 3877 7:39 p.m. West Peter Kolibaba, representing the applicant Nielsen Mr. Kdibaba 7:43 p.m. Adopted Resolution Nos. 3874, 3875, and 3876 Thanked everyone, especially the applicant, for addressing the residents' concerns; suggested the proposal now meets all parties halfway; and, stated he supports staff's recommendation. Thanked staff and the applicant for the extra work involved in this project; noted that staff's recommendation presents a viable compromise between the applicant and the residents; and, stated he is in favor of the project. It was moved by Pontious, seconded by Nielsen, to adopt Resolution No. 3870, as modified. Motion carried 5-0 . CONDITIONAL USE PERMIT 03-006 FOR AUTHORIZATION TO ESTABLISH A VETERINARY CLINIC FOR CATS. THIS PROJECT IS LOCATED AT 3069 EDINGER AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) (JAMBOREE PLAZA) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3877 approving Conditional Use Permit 03-006. The Public Hearing opened. Presented the staff report. Thanked staff; and, stated the applicant is in agreement with the conditions of approval. Asked if the applicant was moving the business or expanding to two locations. Stated the business is moving. The Public Hearing closed. It was moved by Amante, seconded by Pontious, to adopt Resolution No. 3877. Motion carried 5-0. . ZONE CHANGE 03-004 AND CONDITIONAL USE PERMIT 03-008 FOR AUTHORIZATION TO AMEND THE IRVINE INDUSTRIAL COMPLEX DISTRICT REGULATIONS TO ALLOW OUTDOOR RECREATIONAL VEHICLE (RV) STORAGE AS A CONDITIONALLY PERMITTED USE PERMIT AND TO CONDITIONALLY Minutes - Planning Commission June 9, 2003 - Page 6 7:45 p.m. West Jennings Director Pontious West Director PERMIT THIS USE AT 2681 WALNUT AVENUE. THIS PROJECT IS LOCATED AT 2681 WALNUT AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3874 recommending that the City Council adopt as adequate the Negative Declaration for Zone Change 03-004 and Conditional Use Permit 03-008; 2. Adopt Resolution No. 3875 recommending that the City Council approve Zone Change 03-004 to allow outdoor recreational vehicle (RV) storage as a conditionally permitted use in the Irvine Industrial Complex; and, 3. Adopt Resolution No. 3876 recommending that the City Council approve Conditional Use Permit 03-008, a request to establish outdoor recreational vehicle storage at 2681 Walnut Avenue. The Public Hearing opened. Presented the staff report. Asked if there is other RV storage in the City. Answered there is no commercial RV storage; the storage in Laurelwood is privately owned. Asked for clarification that the Planning Commission is not approving the conditional use permit, only sending a recommendation to the City Council in order for the application to be concurrent with the zone change. Answered in the affirmative. Stated for clarification that the Planning Commission typically approves and makes the conditional use permit approval contingent upon approval of the zone change; however, the applicant is anxious to move the application forward; to meet noticing guidelines required under the California Environmental Quality Act, the Planning Commission cannot adopt the Negative Declaration as final for consideration of the conditional use permit; hence, all three items will go to the City Council for consideration. Minutes - Planning Commission June 9, 2003 - Page 7 Pontious West Amante Director Nielsen West 7:53 p.m. Menard West None Director reported Asked if the parking spaces in front of the second wall would be designated for cars only. Responded the spaces are designated by size; an RV would not fit into those spaces. Asked staff to clarify whether or not future applicants for RV storage would come through the Planning Commission for projects in this commercially zoned area. Replied that site-specific applications would come before the Planning Commission; if anything were to be modified on this site, a condition of approval is included stating those changes could be approved by the Planning Commission and would not have to go back through the City Council. Asked, regarding the shared entry, if the tenant and/or landowner is aware of this application. Indicated the owners were sent a notice. The Public Hearing closed. It was moved by Pontious, seconded by Amante, to adopt Resolution Nos. 3874, 3875, and 3876. Motion carried 5-0. Asked if the applicant plans to replace the temporary signage at the location with permanent signage. Stated the banner hanging from the structure is temporary signage; the monument sign is a permitted sign. REGULAR BUSINESS STAFF CONCERNS , REPORT OF ACTIONS TAKEN At THE MAY 19 AND JUNE 3, 2003, CITY COUNCIL MEETINGS. The City Council adopted the code amendment for the second residential unit ordinance. On June 2, 2003, the Redevelopment Agency and City Council held a joint hearing on the adoption of the MCAS-Tustin Redevelopment Plan. On June 2, 2003, the City Council held a public hearing on the annexation for the Loretta/Bonner/Medford/Grovesite annexation Minutes - Planning Commission June 9, 2003 - Page 8 Pontious Amante Director Nielsen Director Menard Amante for which the Planning Commission made a recommendation; the application will be forwarded to the Local Agency Formation Commission of Orange County; a Public Hearing will be held in August or September, and the annexation will become final. The Final Parcel Map 2002-106, the car wash at the corner of Newport Avenue and Main Street, was considered by the City Council, became effective, and will be recorded with the County Recorder. Noted that Vestar was approved as the developer for the Tustin Legacy retail site. Asked how many homes are in the annexation area. Answered that staff would determine the number and report back to the Planning Commission. COMMISSION CONCERNS Stated he enjoyed the Chili Cook-off. Asked who is responsible for the maintenance of MCAS-Tustin. Responded that the City is responsible and has been since the property was turned over to the City several years ago. Thanked John Laing Homes and Lowe Enterprises for the ground- breaking ceremony which was a very nice event. Stated he also enjoyed the Chili Cook-off. Echoed the comments of the above Commissioners, especially regarding the John Laing Homes ground-breaking which was the best he has ever attended. Stated he was a judge at the Chili Cook-off, along with the Community Development Director and Planning Commission Chairperson; and, added there were approximately 15,000 people in attendance. Congratulated Matt West on his promotion; and, remarked on his consistently excellent work. Noted there were two pictures in the Tustin News of Linda Jennings at the Chili Cook-off. Minutes - Planning Commission June 9, 2003 - Page 9 Pontious Jennings 8:00 p.m. Stated she was also at the Chili Cook-off where she sold wrist bands. Offered congratulations to Matt West on his promotion. Noted the Stater Brothers bakery has installed outdoor seating; and, asked staff to investigate whether or not the seating is permitted. Indicated she enjoyed judging the Chili Cook-off for the first time; most of the 16 recipes were quite good. Stated she hoped everyone saw the Old Town article in the Real Estate section of the Los Angeles Times yesterday. Thanked staff for their hard work on the Farmer Boys application. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, June 23, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - Planning Commission June 9, 2003 - Page 10