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HomeMy WebLinkAbout01 PC Minutes 10-14-08ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 14, 2008 7:00 p.m. CALL TO ORDER Given INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Pro Tem Kozak Commissioners Kazalek, Murray, Thompson Absent: Chair Puckett Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Reina Kapadia, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - SEPTEMBER 23, 2008, PLANNING COMMISSION MEETING. It was moved by Thompson, seconded by Murray, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS Approved Resolution 2. CONTINUATION OF LARGE FAMILY DAY CARE PERMIT No. 4100, as amended 08-008 REQUESTING AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAY CARE HOME AT AN EXISTING SINGLE FAMILY RESIDENCE, CARING FOR UP TO FOURTEEN (14) CHILDREN. THIS PROJECT IS LOCATED AT 14481 PINEBROOK DRIVE IN THE SINGLE-FAMILY RESIDENTIAL (R-1) ZONING DISTRICT. Minutes -Planning Commission October 14, 2008 -Page 1 RECOMMENDATION; That the Planning Commission adopt revised Resolution No. 4100 approving Large Family Day Care Permit 08-008. 7:05 p.m. The Public Hearing opened. Kapadia Presented the staff report. Murray Complimented staff for the due diligence in addressing the substance of the Commissioners' concerns. Thompson Stated he appreciated the follow-up and legal interpretation regarding the proximity of Nelson School to this large family day care request; and, asked for staff's perspective regarding how the fence and log-in sheet issues presented at the last meeting were addressed in the conditions. Kapadia Responded that proposed Condition 3.10 states that the existing six foot high fence, wall, and gate surrounding the play area shall be maintained in good condition at all times; Code Enforcement has been working on the issue; a 10-day notice was issued October 15t to both property owners; one of the Code Enforcement officers will do a re-inspection this week; staff determined that it would be difficult to track and enforce and could cause vehicles to be at the site longer, causing increased traffic impacts. Director Noted that Condition 3.5 was modified to require the day care provider to conduct a client education program with all existing and new clients to educate them to the conditions of approval; if the applicant does not follow the conditions, that would be grounds for theoretical reconsideration and/or revocation of the permit as a large family day care, requiring the applicant to go back to small family day care. Thompson Referred again to the traffic concerns expressed at the last meeting. Director Stated that the recommendations by residents of Pinebrook for traffic improvements or enhancements were forwarded to the City's Engineering Department. Kozak Mentioned that the other item related to the log sheets; he understands staffs concerns regarding existing traffic issues; the pick- up and drop-off plan may not require a log sheet; perhaps with the client education program could include a requirement to prepare and keep current apick-up and drop-off plan that would be available to the City. Minutes -Planning Commission October 14, 2008 -Page 3 Kozak continued Thanked the City Attorney for the memorandum clarifying the issue raised by Commissioner Thompson at the last meeting. Murray Asked if the pick-up and drop-off plan referred to by Chair Pro Tem Kozak could be folded into the client education program in order to provide direction to the clients regarding pick up and drop off of the children. Kozak Stated he was not referring to a log sheet provided by the applicant; he was referring to Condition 3.6 and a staggered pickup and drop off plan. Thompson Suggested that Condition 3.6 could be embellished to cover the plan. Director Indicated that Condition 3.5 could be modified to include that an information sheet would include a pick up and drop off plan to be reviewed and approved by the Community Development Director. Kasalek Asked if this would include signatures from the clients stating that they understand the conditions. Director Answered in the affirmative. Kendig Stated his understanding was that the pick-up and drop-off plan referred to would be reviewed one time and updated from time to time by the applicant without review each time by the Director. Kozak Stated that was a correct interpretation. Mr. and Mrs. Berrios Indicated they had read the conditions and agreed with everything that has been said; and, added that they hope this can be approved this evening because Ms. Berrios has had to turn away potential clients. Murray Asked if the fence repair has begun. Mr. Berrios Replied that the owners are meeting tomorrow and plan to begin as soon as possible; and, added that the applicant already requires the parents to sign a log sheet. Kozak Asked if there were any other speakers. Susan Muldoon, Stated that she owns the property next door to the applicant; she 12791 Bubbling Well, understands that the legal requirements have been met for this Santa Ana project; there are already crowded conditions on this street; her tenant's driveway is sometimes blocked; the plan for staggering arrival Minutes -Planning Commission October 14, 2008 -Page 4 and departure times may not work; the noise created by 14 children will impact her tenant who sleeps during the day; she was driven out of the house by the noise on Walnut and anticipates the added children will create higher noise levels; the street is too short and too crowded for this increase in children; there have been numerous complaints about speeding on Pinebrook. Mr. Berrios Indicated that his wife's clients have been informed of the traffic issues; he has spoken to the tenant who says he has no objection to the increase in children; there are never 14 children at the location at the same time. 7:30 p.m. The Public Hearing closed. Thompson Reviewed the various issues; if the conditions are revised to include the discussion items, he would approve the application; given the state law, this use cannot be rejected; there is a revocation process in place if the conditions are not met. Requested that a Finding be added that there is not a conflict with W.R. Nelson School as a child care facility. Kasalek Indicated she is resigned to the fact that state law mandates this use; the burden will be on the applicant and her clients to meet the conditions of approval. Murray Encouraged the applicant to be a good neighbor; how the day care facility is managed will be the key to its success. Kozak Requested that staff clarify what language will be added to the resolution. Kendig Read the following into the record: Add Item M as follows: "Based on the analysis of the City Attorney, the W.R. Nelson School is not a large family day care home so there is no existing licensed large family day care home within 300 feet of the property. Add at the end of Condition 3.6 as follows: "The applicant shall prepare and keep current apick-up and drop-off schedule and make it available to the City upon request. The schedule shall ensure that no more than one (1) vehicle is scheduled to pick up or drop off during any 10-minute period. Minutes -Planning Commission October 14, 2008 -Page 5 Kendig continued Add the following language (underlined) to Condition 3.15: This shall include an info sheet, including apick-up and drop-off plan, to be reviewed and approved by the Community Development Department It was moved by Thompson, seconded by Kasalek, to approve Resolution 4100, as amended. Motion carried 4-0. REGULAR BUSINESS Received and filed 3. APPROVAL OF CERTIFICATE OF APPROPRIATENESS REPORT REGARDING OLD TOWN PROJECTS APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM MAY 13, 2008, TO OCTOBER 14, 2008. RECOMMENDATION: That the Planning Commission receive and file. Thompson Asked for direction whether or not he should abstain from this item since he is not sure if he lives without 300 feet of any of these addresses. Kendig Suggested that a cautionary abstention would be in order. It was moved by Murray, seconded by Kasalek, to receive and file the report. Motion carried 3-0. Thompson abstained. STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE OCTOBER 7, 2008, CITY COUNCIL MEETING. Director reported The City Council held the first readings on various ordinances related to off-street parking one of which was based on a recommendation from the Planning Commission related to the Code amendment, which was the Comprehensive Zoning Ordinance Amendment that the Planning Commission considered last May; the second ordinance related to a prohibition of parking along various designated portions of Newport Avenue, Red Hill Avenue, and Irvine Boulevard; the third ordinance related to street sweeping Citywide on public streets; the fourth ordinance related to code enforcement administrative citations; the last item related to administrative policy procedures for preferential permit parking on public streets. The City Council approved a construction and maintenance agreement between the Southern California Regional Rail Authority Minutes -Planning Commission October 14, 2008 -Page 6 and the City for rail-highway crossing safety enhancements and safety measures related to quiet zone implementation at the Red Hill Avenue railroad crossing; this agreement has been in the works for a long time, and the City has been looking forwarding to those improvements at that location. The City Council approved an economic stimulus program for new residential developments which is a deferment of development impact fees for new residential development; fees are typically collected for development impacts when building permits are issued; the City will now be collecting those fees at the time of final inspection; this program becomes effective immediately. COMMISSION CONCERNS Thompson Stated he attended the Tustin Tiller Days Opening Ceremony and Awards event; it was glow-key event honoring the people who work diligently to put the Tiller Days event together; he also attended the Tiller Days parade which was wonderful, as always. Indicated he attended the "Tustin Town Center: A New Beginning" workshop and was very impressed by the level of effort that staff has been putting into opening up public comments to this process of energizing the three targeted areas within the City. Noted that he and his wife survived the 100-mile bike tour for the Multiple Sclerosis fund-raiser. Asked staff for an update on the commercial design guidelines for Old Town Tustin. Director Replied that this was not included in last year's budget; this may be considered within the Redevelopment Agency's budget; however, the Redevelopment budget suffered a $1.3 million reduction due to the state budget. Kasalek Indicated that she also attended the Town Center workshop which was very informative and brought her up to date on many issues; the report prepared by the staff and comments by citizens of these areas were well done. Congratulated Commissioner Thompson and his wife for completing their bike ride. Referred to the memorandum received from Councilman Bone relating to the e-waste pickup at The District, October 25, between Minutes -Planning Commission October 14, 2008 -Page 7 10:00 a.m. and 3:00 p.m. and suggested this would be a great opportunity for everyone to dispose of electronic equipment. Murray Added his congratulations to Commissioner Thompson for the bike ride. Stated that he enjoyed the Huell Howser KCET program showcasing Old Town Tustin. Thanked Kim Leason and Gordon Margulies for the graffiti wipe-out program they put together. Reminded everyone that the Dino Dash takes place November 2"d and contributes to the Tustin School Foundation, and the Mayor's Prayer Breakfast takes place November 20tH Pointed out that Hall of Famer Eddie Murray recently visited the Beach Pit BBQ in Old Town. Kozak Thanked staff for their hard work on tonight's large family day care agenda item. Congratulated Commissioner Thompson and his wife for completing the 100-mile bike ride. Stated that Tustin Tiller Days was another great event, thanks to Parks and Recreation and all the volunteers who worked very hard to deliver a wonderful family/community event. Noted that the Tustin-based LimonCarr Productions has formed the Tustin Light Opera; they will debut at the Beckman High School Performing Arts Center in Grease October 17-26; those interested may call the box office at 714-731-8320. Indicated that this Saturday the Old Town Art Walk takes place, will include a painting contest, and looks like a great event. Added that, after the Huell Howser presentation, he visited the blacksmith shop and will be taking an item there for repair. 7:56 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, October 28, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission October 14, 2008 -Page 8