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HomeMy WebLinkAbout01 PC Minutes 7-11-05 7:02 p.m. Given All present Staff present None Approved Adopted Resolution No. 3981, as modified 7:04 p.m. Willkom Floyd Willkom ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 11, 2005 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Jason Retterer, Deputy City Attorney Terry Lutz, Principal Engineer Justina Willkom, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JUNE 27, 2005, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Menard, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 05-018 REQUESTING AUTHORIZATION TO ESTABLISH A PAWNBROKER BUSINESS WITHIN AN EXISTING JEWELRY MART LOCATED AT 494 EAST FIRST STREET, SUITE C-1. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3981 approving Conditional Use Permit 05-018. The Public Hearing opened. Presented the staff report. Asked how many pawnbrokers there are in the City. Responded that she thought perhaps four or five. Minutes - Planning Commission July 11, 2005 - Page 1 Nielsen Anthony Magnemi, representing Donna Russo, AAA Family Gems, Inc. Nielsen Mr. Magnemi Holly Swain, 455 East First Street, Tustin Domicele Hershman, 441 East First Street Asked the applicant to come to the lectern. Stated he was in attendance on his sister's behalf; she was unable to attend the Planning Commission meeting due to family obligations. Asked what percentage of the business would involve the ancillary pawnbroking. Indicated that pawn represents approximately 15 percent of the overall business, which has been the case since they began conducting this business in 1991; new licensing required the application for the conditional use permit; to his knowledge there has not been a problem or complaints; the business has worked with the Tustin Police Department for many years. Stated she lives in the Palmwood condominiums; she is opposed to the issuance of any conditional use permit for any pawnbroker license in the mixed residential and retail neighborhood; the services provided by pawnbrokers present an opportunity for the commission of crimes, because these businesses have the ability to receive and transfer property stolen by others; there is a mistaken impression that stolen property will be pawned, whereas in 99 percent of the cases it is not; stolen property is sold to the pawnbroker who can convert it and resell it after 30 days; most police departments do not have adequate or trained staff to respond within that 30-day period of time to examine, identify, or match up non-serialized properties that are taken in street robberies, commercial, or residential burglaries; in 1998, the City of Santa Ana Planning Commission mandated that all pawnbrokers and second hand dealers be subject to a stringent conditional use application process; many applications have been submitted in Santa Ana; to date, none has been granted; the City of Santa Ana recognized there was an immediate threat to the public health, safety, serious property damage, and a public nuisance due to the proliferation of pawnbroker businesses; pawn shops facilitate the disposition of stolen property in spite of the regulatory reporting and invite an unwholesome element into a residential neighborhood; the granting of this conditional use permit will be detrimental to the public safety, morals, comfort, and welfare of Tustin residents. Stated she was also from the Palmwood residential area; residents frequent the shopping center and walk by the Jewelry Mart on a regular basis, sometimes in the evening, and have no fear; suggested that if this pawnbroker is approved, that feeling of safety may change because a pawnshop will attract the wrong kind of people; and, asked if the pawnbroker will be advertised. Minutes - Planning Commission July 11 , 2005 - Page 2 Nielsen Ms. Hershman Director Ms. Hershman Willkom Director Ms. Hershman Director Mr. Magnemi 7:22 p.m. Pontious Nielsen Responded there are conditions regarding signage and outside advertising. Stated her understanding that if their license is shown advertising is permitted. Indicated that advertising pawn services at the facility would be permitted. Reiterated her concern that such advertising would attract the criminal element to the area. Noted that Condition 2.6 limits the advertising to the interior walls. Added that it was not clear whether Ms. Hershman's concern including advertising in newspapers, on the building, etc. Stated she was referring to advertising anywhere. Indicated that the application before the Planning Commission is a legal form of business, not an illegal form, which seems to be the concern of the speakers; the conditional use permit includes stringent permit requirements through the Police Department, the State of California, and the Community Development Department; this is a discretionary action before the Planning Commission which has the ability to approve, conditionally approve, or deny the application; if the Commission desires, conditions can be added. Noted this application is not for a new business; this business has existed since 1991; there have been no incidents, no stolen items; only high-end jewelry is considered; the average loan is $500; the advertising is limited; many customers have been clients for 10-15 years; some are clients that buy and sell jewelry; detailed police reports are provided; there is about a two percent forfeit rate, which means everyone picks up the jewelry, except for two percent; this business is regulated by the State; the business makes perhaps one loan a day, which is not a big part of the business. The Public Hearing closed. Indicated that, given the ongoing nature and history of the business with the City and the conditions allowing for an annual review, she supports the staff recommendation. Asked that Condition 2.3 be revised to limit the hours of operation; indicated that he did some research on the subject of pawnbrokers; since this is an ancillary, customer-service part of the business, Minutes - Planning Commission July 11 , 2005 - Page 3 Menard Lee Director Adopted Resolution No. 3982 7:28 p.m. West Lutz West stated his support of the project with the modification suggested above. Noted that this is a legal business with a proven track record; and, stated his support of the application. Concurred with the other Commissioners in supporting the application. It was moved by Lee, seconded by Floyd, to adopt Resolution No. 3981, as modified. Motion carried 5-0. Noted that this is an appealable item; any appeal must be received by 5:30 p.m. next Monday. 3. CONDITIONAL USE PERMIT 04-030 AND DESIGN REVIEW 04-031 REQUESTING AUTHORIZATION TO CONSTRUCT AN OVERFLOW OFF-SITE PARKING LOT, WITH FIFTY-FIVE (55) PARKING STALLS, FOR EMPLOYEES OF THE JEWELRY EXCHANGE AT 15732 TUSTIN VILLAGE WAY. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3982 approving Conditional Use Permit 04-030 and Design Review 04-031 . The Public Hearing opened. Presented the staff report, noting that a letter was received at City Hall today from George Estrada, 15660 Tustin Village Way, #7, and that letter is incorporated herein by reference; stated that Mr. Estrada raised the following concerns: 1) traffic congestion and vehicle access on Tustin Village Way, and 2) the narrow sidewalk easement along Tustin Village Way; and, asked Terry Lutz, Principal Engineer, Public Works Department, to address those issues. Noted that this project is not expected to contribute to congestion; the site plan shows a 1.2 foot sidewalk easement which is needed in addition to the right-of-way on Tustin Village Way in order to create a standard five-foot sidewalk. Also pointed out there was an additional concern expressed by Mr. Estrada regarding the appropriateness of the use; this is a conditionally permitted use and complies with City requirements. Minutes - Planning Commission July 11 , 2005 - Page 4 West continued Lee West Lee West Director Nielsen Jennifer Ferruzzo, representing Goldenwest Diamond Corp. Floyd Ms. Ferruzzo 7:40 p.m. Floyd Mr. Estrada also suggested the Jewelry Exchange does not need the parking; this was a voluntary request by the applicant and is not required by the City Code. Regarding Mr. Estrada's comment asking how the City intends to enforce the conditions of approval, Condition 1.4 is a standard condition included requiring the applicant to sign, notarize, and record the Notice of Agreement to the conditions of approval; compliance is up to the property owner; non-compliance would be dealt with in accordance with code enforcement regulations. Asked if Santa Ana is immediately south of the site. Answered in the affirmative. Asked if the City of Santa Ana is noticed on these applications. Answered that the City would only have been notified if it was a property owner. Noted that the Jewelry Exchange voluntarily proposed this application at staff's request, because so many temporary use permits were being submitted for special events and holiday events to use this temporary lot as a parking lot on an ongoing basis from year to year; the City's concern was that this use did not provide permanent safe access, appropriate drainage, etc.; the Jewelry Exchange came forward and proposed the parking lot before the Commission. Invited the applicant to the lectern. Indicated she has taken over for Phil Robb who initially presented the application; she is the property manager; during holidays, there is very little parking for employees and some customers; safe parking spaces were needed; the Jewelry Exchange is also planning a new façade for the building and hopes to submit in about four months; these upgrades will enhance the site. Asked what sort of security is provided for the employees to and from the parking area, especially at night. Stated the Jewelry Exchange provides all-night security, including cameras, on the parking lot. The Public Hearing closed. Stated his support of the proposal. Minutes - Planning Commission July 11, 2005 - Page 5 Pontious Lee Menard Nielsen None Director reported Lee Menard Indicated it is good to hear how much business the Jewelry Exchange is doing in Tustin; this is an upgrade to the existing site and the building façade upgrade will further complement the site; she supports staff's recommendation. Stated his full support of the project. Thanked the applicant for honoring the request of the City; this looks like a great effort; he supports the project and appreciates the Jewelry Exchange being in Tustin. Stated it is a great-looking parking lot that will be a nice addition to that corner; he fully supports staff's recommendation. It was moved by Pontious, seconded by Menard, to adopt Resolution No. 3982. Motion carried 5-0. REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE JULY 5, 2005, CITY COUNCIL MEETING. The City Council held a budget workshop; and, directed staff to look at broader planning issues and provide a recommendation to the City Council. The conveyance maps for the Lennar parcels were approved and will be recorded soon. Rough grading permits were issued today for Columbus Grove and Columbus Square. Three incumbents, Lucy Burch, Brian Sjoberg, and John Radice, were re-appointed to the Cultural Resources Advisory Committee to serve four-year terms. Staff will be bringing an ordinance amendment before the Planning Commission relating to the Overlay District and a name change for the Cultural Resources Advisory Committee. COMMISSION CONCERNS Thanked staff for the reports. Thanked staff for their hard work. Minutes - Planning Commission July 11, 2005 - Page 6 Floyd Reported that he attempted to participate in the trolley tour of Old Town but was denied; the demand is outpacing the City's ability to provide tours; Linda Jennings and Brent Ferdig are to be complemented for the success of this endeavor. Pontious Asked when the Planning Commission tour of projects will be scheduled. Director Responded that a tour will be scheduled to coincide with the first meeting in August, beginning at 5:30 p.m., and will include various projects featured in the Project Summary to be presented at that meeting. Nielsen Thanked staff; and, asked for a motion to adjourn. 7:50 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, July 25, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission July 11, 2005 - Page 7