Loading...
HomeMy WebLinkAboutPC Minutes 01-28-027:00 p.m. Given All present Staff present Approved Taken out of order Adopted Resolution Nos. 3820 and 3821 7:01 p.m. Willkom Lisa D. Ramirez, 510 South C Street, Unit C, Tustin, a public interest attorney with Catholic Charities MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 28, 2002 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Christine Shingleton, Assistant City Manager Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Doug Anderson, Project Manager-Transportation Karen Peterson, Senior Planner Minoo Ashabi, Associate Planner Justina Willkom, Associate Planner Matt West, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR Minutes of January 14, 2002, Planning Commission meeting. It was moved by Davert, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS o GENERAL PLAN AMENDMENT 02-001 (HOUSING ELEMENT UPDATE), UPDATING THE TUSTIN HOUSING ELEMENT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3820 recommending that the City Council certify that the Final Environmental Impact Report/Environmental Impact Statement for the Disposal and Reuse of MCAS- Tustin (Program EIS/EIR for MCAS-Tustin) is adequate for the Housing Element Update. That the Planning Commission adopt Resolution No. 3821 recommending that the City Council approve General Plan Amendment 02-001, updating the Tustin Housing Element. The Public Hearing opened. Presented the staff report. Presented a letter addressed to Mayor Thomas and Council Members, which she prepared detailing her concerns regarding the lack of housing, overpayment, and overcrowded conditions for very Iow income residents; there do not appear to be affordable housing sites in Old Town or East Tustin; it seems unrealistic that affordable housing will be created by 2005 on the MCAS Tustin site, Minutes - Planning Commission January 28, 2002 - Page 1 Pontious Christine Shingleton Scott Darrell, Executive Director, The Kennedy Commission, 5800 El Toro Road, Suite 400, Lake Forest Armando De La Libertad, 1818 North Linwood Avenue, Santa Ana 7:23 p.m. Christine Shingleton, Assistant City Manager given the pending litigation and the 20-year timeframe referred to in the Housing Element; asked if the City can provide more accurate data to indicate the household income level and the specific rental prices of individual units; and, asked if the 25 percent density bonus for developers to create more affordable housing is accurate and being implemented. Stated the 25 percent density figure has been applied; and, asked if staff wished to comment at this point. Indicated staff would address public input issues and questions after all the testimony was presented and the Public Hearing closed. Referred to a letter submitted by The Kennedy Commission; thanked staff for reviewing the letter and providing comments in response; indicated the Commission has worked successfully with other jurisdictions to assist in putting together programs that help meet the Housing Element law and produce large family units for very Iow income households; and, stated The Kennedy Commission would like to work with staff to increase that level of affordable housing production. Stated he represents a financial institution that focuses on construction finance for affordable housing; he has been watching the Housing Element process in various cities; based on the current status of development at MCAS Tustin, stated that it seems unrealistic for the City to meet its housing objectives; the current litigation and legislation may impact the City's ability to provide the housing; and, sites other than the Base should be prioritized to fill affordable housing needs. The Public Hearing closed. Thanked Ms. Ramirez for attending; stated the City had previously worked with Catholic Charities in development of the homeless accommodation program for MCAS Tustin; referenced The Kennedy Commission letter and staff written responses and asked that the letter and staff responses also be incorporated into the record by reference as addressing not only Mr. Darell's concerns, but also concerns expressed by Ms. Ramirez and Mr. De La Libertad; stated the City has been successful in meeting its housing goals and that past performance data included in the Element indicates the City has taken seriously the defined goals; stated that, with respect to the allocation of specific units by type of income level, projections have been based upon the Regional Housing Needs Assessment ("RHNA") numbers provided by the Southern California Association of Governments ("SCAG"); and those units have been allocated by site location based upon the available inventory of underutilized or vacant property within the in-fill areas of the City and vacant property at the MCAS Tustin; stated there is no prioritization required or given to any individual resource locations, all locations are given equal weighting in terms of the objectives and programs; stated there are a set of programs designed to reach goals to accommodate lower income households; stated that the City has an adequate program and financial resources to achieve those goals. Minutes - PLanning Commission January 28, 2002 - Page 2 Regarding the number of households paying more than a 30 percent of their income on rent at the lower income household levels, the City has inventory information that has been provided based upon the current rent levels for single one-bedroom units and large-family units; the City has seen indications in the recent market in South Central Tustin, in particular, that some of the 2-, 3-, and 4- bedroom units are available at lower rent levels than identified when the market information was collected for the Element; that preparation of the Element has been an 18-month process during which time there has been some dilution in market values; as a result of the closure of MCAS Tustin and the relocation of Marine Corps personnel, many Marines who lived off the base in Tustin rental neighborhoods were forced to leave the City. We witnessed that this created a higher vacancy factorthese neighborhoods than previously existed; a number of programs are included in the Element to address the issue related to lower income households overpaying for rent; for example, the City's housing rehabilitation programs require that the City restrict the rent levels to affordability levels as defined by HUD at the very Iow, Iow- and moderate-income levels; there are covenant restrictions that the City can also purchase to write down rent levels as needed to accommodate affordability which have been successful. Regarding the statement concerning the MCAS Tustin project being over a 20-year timeframe and that it is not realistic to project that a certain number of units might not be constructed within the 5-year RHNA quantified objectives, there are 3,298 new construction units identified Citywide for the 5-year timeframe; approximately 2,500 are identified for the MCAS property; based upon market demand studies, there is an immediate market for these units; the City is in the solicitation process on a number of the housing sites and is ready, upon conclusion of a real estate transaction with the Navy, to move forward in developing those sites despite any representation to the contrary; there are other sites which are already underway at MCAS Tustin; the Navy has recently issued a quit claim for an approximate 6-acre site to the City, and the City has ground leased the site to the Orange County Rescue Mission to permit 192 very Iow income homeless accommodation units; the Planning Commission has approved all the entitlements for the project and the Rescue Mission is in the process of renovating units now and hopes to have occupancy of those units soon; there is also at the MCAS a transitional housing site that will be developed by Orange County Social Services to include 60 units; these units are currently under design; the City also has agreements with homeless service providers for transitional housing along Harvard Avenue; occupancy of these sites to accommodate 50 units of very Iow income housing will be implemented by the City or upon direct conveyance to the homeless providers of sites by the Navy; the City will also work over the rest of the 5-year timeframe toward the goals identified in the Element; it needs to be also reinforced that the Element is a document that does not reflect any actual progress since January 2000; any new construction that has taken place since this time frame will be credited against the identified goals; no delays are expected that would result in the City not working toward its affordable housing goals (by the end of 2005). Minutes - Planning Commission January 28, 2002 - Page 3 Director Director Jennings Regarding the question of records relating to individual rent levels, a property owner holds the leasehold agreement which is not subject to a records search by the City; therefore, the City generally only has access to rental information available from the market from sources like brokerage firms and local market consulting firms; since the State knows the City cannot always substantiate actual rent levels on all sites, the State has provided a suggested standard that can be applied to determine affordability based on a density range. Regarding the 25 percent density bonus, it was pointed out that projects have moved forward recently in the City which have received density bonuses; the City has adopted a Density Bonus Ordinance; during the last few months the Planning Commission has approved a 25 percent bonus; there are a number of projects coming forward which will provide for additional consideration. Staff's written responses to a letter from The Kennedy Commission have been provided to The Kennedy Commission; those responses are entered into the record by reference; the City appreciates The Kennedy Commission's willingness to work with the City on the implementation of Housing Element programs in the future. Stated that Mr. Libertad posed issues similar to Ms. Ramirez's commentswfor example, he stated that the Housing Element prioritizes development of housing at MCAS Tustin; Mr. Libertad's assumptions were refuted, and it was stated that not all of the 3,298 new construction goals were intended at MCAS Tustin and that this information can be found in the Element; all other issues Mr. Libertad raised that were similar to Ms. Ramirez' comments were referred to in the response to comments made to Ms. Ramirez. Stated the senior housing project allowed a 25 percent density bonus consistent with State law; the parking requirement was reduced; the setback requirements, which would normally reduce density, were modified. The City aggressively monitors at-risk and restricted units; for example, the 20-unit project on Mitchell Avenue which was deed restricted to 62 years or older was discovered to be renting to younger individuals; the City worked with the owner of the property and entered into a settlement agreement--not to evict people, but to assure a gradual compliance back to 62 years or older; the City allowed this project a 50 percent parking reduction to accommodate senior housing. In terms of enforcement, these types of situations are taken seriously; when projects are approved or deed restricted, the City makes every effort to ensure they are in compliance. Regarding the Assistant City Manager's comment about the 192 units at the Rescue Mission, asked what other Orange County organization was referred to. Minutes - Planning Commission January 28, 2002 - Page 4 Shingleton Jennings Shingleton Pontious Davert Jennings Kozak Hamilton Pontious Adopted Resolution No. 3819 Answered that the Orange County Social Services Agency is proposing 60 units which are identified in the Element; an additional 50 transitional units will be integrated into the family housing on Harvard Avenue. Asked how many of the Warmington units were very Iow income. Answered 8 of 38, which is well above the proportionate obligation for regional housing as distributed or for Redevelopment Agency obligation. Thanked staff and brought the matter back to the Commission for comment. Thanked staff for the thoroughness of the Housing Element document; regarding comments on the Base, that is the only large parcel of land left in the City making it logical to assume that is where the bulk of future development is going to be; regardless of ongoing litigation, the City anticipates housing to be developed within the planning period set forth in the Element; stated his confidence in the document; and, recommended approval. Agreed with Commissioner Davert; stated she met with staff last week to discuss the Element further; expressed her confidence in the Element; and, stated her approval as recommended by staff. Added that he believes it is a thorough, thoughtful document and the process one that addresses the very Iow income needs of the community; the examples given of projects already approved are a credit to the City; and, stated his support of staff's recommendation. Stated the documents contain the elements the City needs in its housing plan; the senior facility and Rescue Mission projects are prime examples of the City's efforts; and, added his support for approval. Agreed with the other Commissioners that the City has done a good job over the past few years; and, stated her confidence that the Housing Element can be implemented. It was moved by Davert, seconded by Jennings, to approve staff recommendation. Motion carried 5-0. AMENDMENT TO CONDITIONAL USE PERMIT 00-018 FOR AUTHORIZATION TO EXPAND AN EXISTING SPA FACILITY THAT PROVIDES MASSAGE AND SMALL GROUP EVENTS IN CONJUNCTION WITH SALON SERVICES INTO THE ADJACENT TENANT SPACE FOR A TOTAL AREA OF 2,888 SQUARE FEET. THIS PROJECT IS LOCATED AT 13911 CARROLL, WAY, SUITES D AND E, IN THE RETAIL COMMERCIAL (C-1), P ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3819 approving an amendment to Conditional Use Permit 00- 018. Minutes - Planning Commission January 28, 2002 - Page 5 7:40 p.m. Ashabi Director Pontious Jennings Le Aine Dehmer, applicant Jennings Ms. Dehmer Jennings Ms. Dehmer 7:45 p.m. Adopted Resolution No. 3814, as amended 7:46 p.m. Peterson Director The Public Hearing opened. Presented the staff report, noting that a telephone comment was received from Sylvia Faria, a resident at 13831 Fairmont Way, the residential neighborhood north of the retail center, who expressed concern regarding massage establishments and prostitution in general and referred to an incident in a chiropractor's office. Added that the incident referred to above took place in Anaheim. Invited the applicant to the lectern. Asked if group events noted in the application will be single sex. Responded these groups are primarily teenaged girls and mother/daughter events. Asked if the separate dressing and toilet facilities for male and female clients required by Condition 2.7 will be labeled. Answered that restrooms and changing rooms are already labeled. Asked if the lockers will be located in those areas. Answered in the affirmative, stating the lockers are already installed; and, thanked staff for clarifying that the prostitution occurrence took place in Anaheim. The Public Hearing closed. It was moved by Jennings, seconded by Kozak, to approve staff's recommendation. Motion carried 5-0. CONTINUED PUBLIC HEARING FOR CONDITIONAL USE PERMIT NOS. 01-017 AND 01-018 A REQUEST TO ESTABLISH BOARDING HOUSES FOR THE PURPOSE OF OPERATING A SOBER LIVING FACILITY. THIS PROJECT IS LOCATED AT 14511 AND 14512 CARFAX DRIVE IN THE SUBURBAN RESIDENTIAL DISTRICT (R-4) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3814 approving Conditional Use Permit Nos. 01-017 and 01- 018 to establish boarding houses for the purpose of operating a sober living facility. The Public Hearing opened. Presented the staff report, pointed out specific mitigating conditions, and referred to two letters and staff responses attached to the report. Noted that the Orange County Board of Supervisors adopted a resolution and an Enabling Ordinance that established Sober Living Guidelines--a certification and monitoring program; the Orange County Sheriff's Department will oversee the program County-wide; staff anticipates the City will adopt a similar resolution to allow the Sheriff's Department to certify and monitor within the Minutos - Planning Commission January 28, 2002 - Page 6 Davert Director Hamilton Peterson Jennings Peterson Hamilton Director Pontious Peterson Davert Anderson City; under that resolution, there are certain requirements the City must fulfill: i.e., ensure the properties are consistent with proper zoning and building codes, fire code requirements are met, on-site facilities are maintained in a certain way, and there are certain square footages available to each occupant; if certification were in place now, the item before the Planning Commission this evening would not be in compliance; the County Guidelines and the certification process will be voluntary; facilities can be operated without going through the Sheriff's Department or getting any kind of City inspection pertaining to a certification process; however, the County court system and the Probation Department will no longer refer individuals to non-certified sober living facilities; the Ordinance took effect on January 17, 2002; although it is effective immediately, there will be a phasing process as the County expects several applications at once; any individual or group that receives County referrals would need to be certified by October 2002; the Tustin City Council will be considering adopting the Sober Living Guidelines on February 4, 2002. Asked in what respect this project would not comply with the County Guidelines. Answered primarily density. Asked how far off tonight's applicant would be. Specified that, strictly as an estimate, the applicant would be within ten people. Asked if that number referred to the 63 requested. Replied in the affirmative. Asked if the applicant would be allowed to come back to the Planning Commission for a downward revision to allow certification. Answered that would require an amended application be brought back to the Commission for approval. Asked if the application is approved this evening, the applicant could still request certification with fewer people than being asked for tonight. Indicated that would be correct; however, because this application is proposing specific conditions regarding density, staff would recommend the applicant come back for a re-review at such time applicant chooses to seek certification. Stated that the parking survey does not alleviate his primary concern; and, asked the Traffic Engineer what benchmarking was used in terms of looking at similar facilities to arrive at this figure. Answered that staff directed the applicant's engineer to find a similar facility that would provide empirical data of the type of parking generated by this type of use; this is not atypical within the industry; industry references typically have fast food but do not break it down to McDonalds, Taco Bell, etc.; this procedure was followed with the Linda Evans facility on Irvine Boulevard by Minutes - Planning Commission January 28, 2002 - Page 7 Davert Anderson Director Holland Jennings Director Peterson Pontious Clarence McCollum, 14631 Dartmouth Circle, Tustin Len Spivak, owner of the fourplex at 14681 Carfax Drive, Tustin comparing other Linda Evans developments around the County in order to arrive at a traffic generation rate that was consistent with what we felt was more indicative of that type of development; the same type of reasoning was used for this project. Asked how the on-street parking restriction in Condition 3.5 will be enforced. Stated that restriction is difficult to enforce; suggested the only way to enforce the restriction would be to permit certain individuals to use the street, but not others; the Police Department may have a mechanism for enforcement; the City has allowed permit parking in other areas; those decisions are now being looked at more closely and being scrutinized by the City Attorney before the City can go forward with any more applications; and, added there probably is not a way to enforce the restriction effectively. Noted that the planning staff envisioned that residents admitted to the facility would be required to display a parking pass within the vehicle; the only way to monitor that is to assess the problem and enforce compliance; one of the homes the Traffic Study refers to is Cornerstone on Yorba where there are ongoing over-parking problems; enforcement costs could be recovered from the applicant if this location becomes a problem. Added that another tool is the staffs recommendation that this would be up for periodic review which would provide an opportunity to correct problems. Stated this neighborhood is already heavily impacted with cars; to be fair to the neighborhood as well as the sober living facility, asked if something should be included in Condition 3.5 stating that any vehicle owned by a resident of the facility must have a permit. Indicated that Condition 3.5 requires that the applicant submit a parking permit plan for the residents and managers; a separate document would identify the permit. Added that Condition 3.5 states that residents shall display parking permits. Invited the public to present testimony. Stated he owns a fourplex in the cul-de-sac where the proposed facility is located; his tenants complain about visitors coming to the facility, parking in their cars, and waiting for the tenants to come out; there is often no parking spot for residents; the traffic survey stating 2,000 to 3,000 cars per day on Carfax Drive seems inaccurate for a cul-de-sac; the parking study seems inadequate; the staff report states there will be no impact, but no one asked the residents how they felt; originally, the City provided a report regarding guidelines for rehab centers; that report stated six people per single family dwelling; this site is not a single family dwelling, it is two fourplexes. Stated he is an on-site owner; one of his tenants showed him a flyer which was the first he knew of this project; noted his tenants did not attend the meeting because they are not fluent English speakers; stated he toured the Minutes - Planning Commission January 28, 2002 - Page 8 Davert Holland Kevin Robinson, attomey for S & K Properties, the applicant Nick Spadafino, owner of S & K Properties and Pacific Park Recovery Davert Mr. Spadafino Jennings Mr. Spadafino applicant's facility last year, and there were only two people per bedroom--30 people per building plus a staff member seems unreasonable; stated parking and safety are issues; and, added that 60 sexually challenged individuals living at the end of the street are a major concern. Asked to clarify whether the individuals planned for the site include convicted sex offenders. Answered there are none that staff knows of; reminded the Commission that the fact that residents may be former parolees and/or currently probationers or that they may be recovering alcoholics or drug addicts is not relevant to the issues before the Commission; land use and public health and safety issues are relevant, but the character of the occupants is not a relevant consideration for Planning Commission deliberations. Stated that Nick Spadafino, one of the officers of S & K Properties, and several of the residents of the sober living facility were in attendance; took exception to the facility being referred to as a boarding house; the facility is exempt from the process under the Federal Fair Housing Act; read and submitted a letter of support from Lisa Van Tassell, a next-door neighbor to the facility who could not attend the meeting; stated that the applicant was diligent in hiring an engineer to provide a valid traffic study; and, stated the applicant is willing to comply with all the conditions set forth by staff. Thanked staff for their hard work over two years; stated he is also concerned about the neighborhood; referred to a meeting held by Joe Day, another property owner on Carfax, regarding the gang activity on Carfax; his clients are aware that no such behavior will be tolerated in his facility; indicated many of his clients do not have cars; there will be sufficient parking based on the conditions, which require tearing down parking of the structure to provide more parking to provide 22 additional parking spaces; there is staff on-site 24 hours a day; breaking the rules means being escorted out; he is giving these men the same chance he was given 12 years ago; he recently had to put his own son into treatment and is only trying to help other people as he was helped in the past. Asked if Mr. Spadafino would be applying for County certification. Answered that the facility is licensed by the State and is a structured environment with cleanliness rules; Joe Day indicated the sober living facility apartments are nicer than his; the facility works closely with the Tustin Police Department; he has a lot of money invested and wants to protect his property, just as his neighbors do theirs; gang activity is a much larger problem on Carfax than parking or density. Asked how many residents and cars presently exist at the site. Asked his manager, Sue, to answer that question: 46 clients, 14 cars. Minutes - Planning Commission January 28, 2002 - Page 9 John Grunewald, 1162C Scherer Place, Tustin Jeff Mason, 14511 Carfax, Tustin Kurt Hunt, 14512 Carfax, Tustin Jim Brady, 1211 Drayton Avenue, Tustin James McKibbin, 1555 Mesa Verde Drive East, Costa Mesa Stated his residence is within 300 feet of the buildings being discussed this evening; he owns and has been a resident since 1972; the traffic report used only daytime hours and therefore seems unreliable; this facility is within a 1000 feet of schools; there are many children in the neighborhood; the gentlemen staying there are in residence in lieu of jail; read from the report: "The Community Development Department does not have any information regarding these issues. The City does not regulate sober living facilities, and the City Attorney has advised us such conditions are not relevant to the City's land use decision making process." Mr. Grunewald agreed that many of the questions do not pertain to the Planning Commission, but they do pertain to the residents and the owners; asked who, then, is going to consider these things; stated he has called many people within the City and the County and cannot get answers; suggested the average stay for clients will be 90 days-- that means there will be 200-240 men entering and leaving the facility every year; stated his belief that permit parking will not work, and the extra cars will wind up on the street. Stated he has been a resident of Pacific Park Recovery since March 2000 when he was released from prison; prior to living at this facility, he did not know how to live without drugs and alcohol; he is now an on-site manager; having been there 22 months, he believes the facility provides good neighbors; the facility vastly improved his life; most of the neighbors are in support the facility. Stated he has lived at the facility for more than a year; Nick, Sue, and others at the facility have shown him how to live without drugs and alcohol; he has no violence on his record; no violence is tolerated at the facility; he has a job; he goes to work, attends required meetings, and goes to bed; the tenants do not bother the neighbors and abide by the rules; the program saved his life. Stated he has lived at the corner of Carfax and Drayton for four years; this is a nice neighborhood; he does not embrace a "Not In My Backyard" point of view; he has been sober about thirteen years; he did not go through the process being discussed here; he has gone to the Orange County Jail once a month for the past eight years to speak to inmates; parking is already a problem; often cars park in front of his house to walk across the street toward Carfax; without any more people, there are already parking problems; there are 41 houses on his cul-de-sac, and things have been getting better with people buying and upgrading; expanding this sort of facility promotes the wrong trend for the neighborhood; the odds are against recovery for many of these people; the turnovedrotation will be a problem in a family-oriented neighborhood; children from his street are already afraid to walk down Carfax because it feels unsafe; for-profit facilities can lead to abuse; one person managing 24 does not seem adequate; the certification process should be required because checks and balances are necessary for these facilities. Stated he was referred to Nick Spadafino and Pacific Park Recovery in June 2000 when he was living in Palm Springs; he had not been in jail but came to the facility on Minutes - Planning Commission January 28, 2002 - Page 10 Linda Grunewald, 1162C Scherer Place, Tustin 8:40 p.m. Davert Pontious Peterson Anderson Director Pontiious Director his own due to a drug and alcohol problem; he learned how to become a productive member of society at the facility; he stayed one year, during which he kept a job and got back on his feet to move out to reside and work in Costa Mesa where he is a business owner employing 15 people; he is registered with the Better Business Bureau; Pacific Park and its structure were responsible for his success; the residents in this area should be proud of the work being done by Pacific Park Recovery. Stated she owns, has lived in this neighborhood for 20 years, and still enjoys living there; the amount of cars and available parking are the issues of concern; there are many children on the street who are at risk; while she wants the people in recovery to be well, this location is not good because of the large numbers of children and proximity to schools; this seems like a business more suited to another location; she lives in one of the biggest units in which the there is only one shower; it is hard to imagine nine people in the same size unit coordinating getting ready for work each morning. The Public Hearing closed. Stated that the facilities fulfill a community need; commended the residents for turning their lives around and coming to speak this evening; noted that he is satisfied the program is a good one and that the restrictions are sufficient; suggested that more than one- third of the residents will have automobiles; referred to the code requiring one parking space for every two residents; questioned why the City would depart from that requirement with minimal justification; concerning the on- street parking restrictions, the parking permit will not be effectively invoked; stated that approval of this project will add to the parking problems in the neighborhood; and, added that requirements should be included for improvements to the exterior. Asked staff for their responses to the various speakers. Asked the Traffic Engineer to respond to the parking demand analysis and traffic issues. Stated that 2,000-3,000 vehicles per day is a typical assumption for a cul-de-sac; although traffic was not counted for this study, the most recent count was 695 vehicles per day; in comparison, a through residential street has a maximum capacity of 8,000-9,000 vehicles per day; the range provided for this report is an estimated number for a cul-de-sac. Indicated that staff also has concerns about the parking; staff resources will be impacted if parking becomes a problem; the statement that no public input was solicited is a concern, because this project was noticed twice as a public hearing; an additional courtesy notice was sent when the continuance was requested so that residents wishing to attend would not come to the January 14, 2002, meeting expecting a presentation. Asked if those notices went to the owner of record. Responded in the affirmative--the notice was sent to properties within 300 feet. Minutes - Planning Commission January 28, 2002 - Page 11 Davert Director Peterson Kozak Hamilton Jennings Peterson Jennings Pontious Jennings Peterson Pontious Director Pontious Stated his awareness that staff also made telephone calls to individuals who had expressed interest in the item to advise them of the continuance. Responding to the applicant's attorney objecting to being called a boarding house, sober living facilities are defined as boarding houses; the City has a general classification within which various uses fall; for example, the City does not identify Wendy's or McDonald's, but fast food businesses. Responding to Mr. McCollum's question regarding the difference between this facility and the State guidelines, which refer to six or fewer in a congregate care facility, stated those facilities are exempt from local regulation. Thanked residents, property owners, and residents of the sober living facility for their comments; stated he is having difficulty with the land use and public health and safety issues in a dense area; stated many of the land use impacts have been mitigated; and, noted his concerns related to the parking impacts and the exterior condition of the property. Thanked the residents for their input; stated that Pacific Park Recovery is a good program, and the prompt response to questions indicates the quality of the staff at the facility; stated that the parking study indicates that the facility falls within the .35 ratio staff recommended; and, stated that density is a problem the entire area faces. Stated the trash container, the handicap parking, and the landscape box do not appear on the site plan. Answered that conditions are being recommended that will require the applicant to come back with plans showing those amenities. Suggested that the required improvements may take away at least two parking spaces; and, asked what needs to be specified. Indicated the total persons were specified as being reduced to 57. Questioned whether or not the proposal is actually for 20 parking spaces if passed as the application stands now. Answered affirmatively, as conditioned. Pointed out the need for sober living facilities is obvious; the planning issues involved are difficult; density is a problem everywhere; the most dense parking problems in this area seem to be away from this facility; asked if Condition 1.8 could be modified to make the review time more specific to allow the property owners to know exactly when the review will take place. Responded the review could be made date certain; however, if there are no problems, staff would rather not be required to review the application. Indicated a review at the end of one year with a report to the Planning Commission would be appropriate and thereafter only if problems arise; it is important to reassure Minutes - Planning Commission January 28, 2002 - Page 12 Holland Pontious Peterson Hamilton Davert Peterson Pontious Peterson Director Kozak Director Director Director the property owners the facility will be monitored in its initial stages. Suggested it may be appropriate to bring the item back after the County Sober Living Guidelines have gone into effect; it is anticipated the guidelines will have an impact on the number of people who would be allowed to live in the facility; owners may need to be certified to receive referrals, which may work as a limitation. Stated she assumes the project is in compliance with the driveway standards. Indicated that is correct, as conditioned. Suggested that the point is accountability; if the facility performs its responsibilities and promises, there will be no problem; it is important that the residents also have a voice in the accountability process. Stated he will not be voting for this project due to insufficient parking. Suggested additional language be added to Condition 3.8, which deals with the daily clean up and maintenance of the properties. Surmised that the present appearance may be related to the ongoing upgrade of the property. Stated staff can ensure notes are added in this regard when the plans are submitted. Provided language modifying Condition 1.8 relating to the review period. Asked if that means any review with the County program would move forward and not be a condition of approval. Answered that it cannot be a condition of approval because it is a voluntary certification; if the applicant chooses not to be certified, the facility can continue to operate as a sober living facility; however, if the applicant seeks certification, the facility would not comply as presently proposed. Jennings moved, seconded by Kozak, to adopt Resolution No. 3814, as amended. Motion carried 4-1. Davert opposed. Stated there is a seven-day appeal period; if anyone wishes to appeal, reasons must be filed and a fee paid to the City Clerk's office prior to the close of business one week from today. REGULAR BUSINESS - None STAFF CONCERNS o Report on Actions taken at the January 22, 2002, City Council meeting. The City Council adopted Resolution No. 02-06, a request that the Board of Supervisors approve Environmental Impact Report 582 consistent with Scenario 1, which is an Minutes - Planning Commission January 28, 2002 - Page 13 Kozak Director Jennings Director Director Kozak Director Jennings Davert Hamilton Kozak: extension of the John Wayne Airport Extension Agreement; several individuals are concerned about allowing for any future development at the John Wayne Airport; Scenario 1 allows for limited expansion but would maintain a curfew for a longer period of time; if this agreement is not approved, all restrictions will be removed; the City Council also directed staff to prepare a resolution supporting Measure W, the Great Park and Natural Reserve Initiative; staff prepared a resolution that incorporated the John Wayne Airport Scenario 1. Asked what types of improvements or modifications are planned under Scenario 1. Answered there may be retail improvements and additional capacity; and, offered to bring the Measure W and Settlement Agreement information to the next Planning Commission meeting. Asked for the timeframe on Scenario 1. Stated 2016. Reported staff will be taking the Sober Living Guidelines establishing a County certification program to the City Council on February 4, 2002; and, added there will be a nine-month period before the guidelines are in place. Asked if the County is funding that program or whether State and/or Federal monies will be involved. Responded that this is a certification program, and the County would collect the appropriate fees from facilities which choose to be certified; if there is an enforcement issue, there will be a provision in the program for reasonable cost recovery; if a Section 200 review is required by the City, the City would charge a reasonable inspection fee. COMMISSION CONCERNS None None Stated he attended the Metrolink opening festivities and enjoyed seeing Commissioners Davert and Kozak and Traffic Engineer Doug Anderson there. Stated he attended the Tustin Old Town Association meeting this evening and enjoyed Doug Anderson's presentation regarding the Old Town streetscape plan. Thanked staff for the hard work on the Housing Element and Carfax reports this evening. Commended staff on the Housing Element document which was very detailed and in keeping with the goals and past accomplishments of the City and the City Council. Thanked staff for their work on the Carfax issue. Noted that he also enjoyed the Metrolink grand opening. Minutes - Planning Commission January 28, 2002 - Page 14 Kozak Noticed the east-facing elevation of the liquor store on Tustin Avenue is a palette for graffiti; referred to the time and effort expended by the City to cover graffiti; offered the suggestion that perhaps future plans could focus on ways to eliminate these target areas--for example, placing staircases inside structures; and, noted that the Weyerhauser industrial buildings along the north side of the I-5 have already been hit again. Pontious Stated the utility box on Red Hill across from Stater Bros. and the fire hydrants on Red Hill and Nissan seem constantly covered by graffiti; and, asked if the Fire Department could clean that up. Director Indicated the City's graffiti removal service will do so; and, added that the graffiti removal people are proactively going to specific problem areas. 9:13 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Monday, February 11, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Leslie A. Pontious ' Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission January 28, 2002 - Page 15