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HomeMy WebLinkAboutPC Minutes 03-12-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 12, 2001 7:00 p.m. Given All present Staff present Approved Adopted Resolution No. 3770 7:03 p.m. Adams Jodi Kulzer, Applicant 7:05 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Patty Adams, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS - None CONSENT CALENDAR APPROVAL OF MINUTES - FEBRUARY 26, 2001, REGULAR MEETING It was moved by Bell, seconded by Pontious, to approve the Minutes of the February 26, 2001, Regular Meeting. Motion carried 5-0. PUBLIC HEARINGS CONTINUED CONDITIONAL USE PERMIT 00-034 A REQUEST FOR AUTHORIZATION TO OPERATE A GYMNASIUM/LEARNING CENTER FOR CHILDREN AND PARENTS. THIS PROJECT IS LOCATED AT 13112 NEWPORT AVENUE, SUITE I, IN THE PLANNED COMMUNITY COMMERCIAL (PC-C) ZONING DISTRICT. Recommendation: That the Planning Commission approve Conditional Use Permit 00-034 by adopting Resolution No. 3770. The Public Hearing opened. Presented the staff report. Stated her wish to continue her work at this location. The Public Hearing closed. It was moved by Jennings, seconded by Bell, to approve Conditional Use Permit 00-034 by adopting Resolution No. 3770. Motion carried 5-0. Minutes- Planning Commission March 12, 2001 - Page 1 Continued Adopted Resolution No. 3772 Peterson Director CODE AMENDMENT NO. 000-01 - DRIVEWAY CODE AMENDMENT A REQUEST FOR AMENDMENT TO THE TUSTIN CITY CODE RELATED TO DEVELOPMENT STANDARDS FOR DRIVEWAYS AND SITE ACCESS WITHIN ALL ZONING DISTRICTS. Recommendation: That the Planning Commission continue Code Amendment No. 00-01 to the April 23, 2001, Planning Commission meeting. It was moved by Miller, seconded by Pontious, to continue this item to the April 23, 2001, Planning Commission meeting. Motion carried 5-0. REGULAR BUSINESS USE DETERMINATION NOS. 00-001 AND 00-002 A REQUEST TO DETERMINE THAT THE USES 14511 AND 14512 CARFAX DRIVE ARE RESIDENTIAL APARTMENT USES. THIS PROJECT IS LOCATED AT 14511 AND 14512 CARFAX DRIVE (LOTS 14 AND 15 OF TRACT 5028) IN THE SUBURBAN RESIDENTIAL DISTRICT (R-4). Recommendation: That the Planning Commission adopt Resolution No. 3772 denying Use Determination Nos. 00-001 and 00-002 determining that the uses that have been established are not apartment uses and are boarding houses which require approval of a conditional use permit. Presented the staff report. Stated in July 1999, staff met with applicants, prior to the current use determination process, and outlined a procedure to legally establish their uses at this location; staff identified it as R-4 zoned property that did not allow sober living facilities or boarding houses; staff reviewed the Zoning Code in conjunction with the City Attorney's office and identified that boarding house was the most closely related use that would legally accommodate applicants' proposed use; staff suggested that the owners submit a use determination and conditional use permit application; however, in September 1999, staff received a letter from the applicants' attorney suggesting that the City process a zone change to accommodate the client's request; staff proposed to list boarding houses as conditionally permitted uses in the R-4 zoning district to establish a legal way for applicants to seek approval to operate their use at these properties; staff provided a copy of the proposed Ordinance, held the appropriate public hearings before the Planning Commission and the City Council; staff received no objections to those public hearings; staff provided applicants ample opportunity in advance of those meetings to provide staff with comments; no comments were received nor were there any objections at any of the public hearings; staff sent numerous letters regarding information that would be Minutes - Planning Commission March 12, 2001 - Page 2 Kozak Kevin Robinson, property owner's attorney Marc Kassoff, S & K Properties Nick Spadafino, Pacific Park Recovery Center Kenneth Hunt, recovering alcohol/drug abuser needed to bring conditional use permit applications to the Planning Commission for consideration; however, the applicants elected to submit a use determination application instead of a conditional use permit application; staff has not received a completed application; therefore, staff is bringing this incomplete application forward for the Commission's consideration; if staff receives a plan showing compliance with the development standards identified in Ordinance 1225, staff may be able to support approval of a conditional use permit for boarding houses at the properties. The established uses are not apartments, and staff is recommending denial of the application. Invited applicants' representatives to speak. Stated applicants' belief that this recommendation for denial is not about apartment/boarding house definition but whether or not Tustin will allow recovering addicts/alcoholics to reside in the City; stated these residents are protected under the Federal Fair Housing Act as handicapped persons as well as 42 U.S.C. Section 3602; provided copies of a letter from a psychiatrist stating that recovering alcoholics/addicts need sober living facilities for recovery; stated applicants have the blessing of the County and State in providing this housing; delivered a petition showing support of neighbors; and, indicated he had requested through the City Attorney that the City reach an acceptable accommodation for his clients that would benefit the County and the City. Stated that when he purchased the property, there were 10-15 occupants in each apartment, far exceeding the current number; referred to spending approximately $100,000 to bring the property beyond the standards of the neighborhood; stated the use has not changed from the time of purchase; stated there have been no complaints from neighbors; stated this is a facility which provides a proper sober-living environment for people with nowhere else to go; and, asked the Planning Commission to reconsider staff's recommendation. Asked that the Planning Commission let the City Council know this facility is a benefit to the City; stated he works closely with the Department of Corrections, the Parole Department, and the Tustin Police Department; stated that the Police Department has been invited to inspect the property whenever they choose, and these police visits have never produced any evidence of illegal activity; stated this is a very structured program, and residents cannot stay if they revert to drug or alcohol use; and, stated there were several residents in attendance who wished to give testimony. Stated a brief history of his life in and out of the prison system and his inability to stay clean and sober before arriving at the Carfax facility. Minutes - Planning Commission March 12, 2001 - Page 3 Mr. Robinson Indicated that other representatives could tell similar stories but felt that Mr. Hunt's testimony was sufficient. Kozak Director Kozak Pontious Mr. Kassoff Mr. Spadafino Miller Asked staff for a definition of a boarding house. Indicated that definition was provided in the staff report, reread the definition, and acknowledged that it is a broad definition allowing for several uses within this broad class; stated there is no attempt to zone out or restrict the establishment of sober living environments; indicated staff is asking applicants to comply with reasonable regulations to legally establish such uses, including sufficient parking, sufficient private open space areas, and sufficient common open space areas; if applicants could meet these standards required for any land use, staff could support the proposed use at this location. Stated his belief that a sober living environment is beneficial for recovering individuals; noted this is a land use issue which requires compliance to establish a permitted use under R-4 with a conditional use permit; states that the application is incomplete; and, supported staff's recommendation of denial. Concurred with the Chairman's comments; and, supported the staff recommendation. Returned to the lectern to state that by pidgeonholing applicants into a boarding house description, staff is changing what the use of the property is; there was never any parking requirement other than an apartment house which is the same the length of Carfax Drive; new owners buying fourplexes on Carfax Drive do not have to submit a conditional use permit; staff's claim that applicants' use is other than an apartment house is incorrect since nothing has changed; applicants are being singled out; no other owner has been required to go through this process; and, asked why the City is discriminating against the applicants. Returned to the lectern to make a comparison with the building at 14555 Carfax Drive, which is housing fifteen people in one bedroom while his facility houses a maximum of eight people in two bedrooms; stated there is no counseling or therapy provided at the applicants' location; stated many of the residents at applicants' facility do not own automobiles so parking is not an issue; stated the residents of 14555 Carfax Drive have numerous "junkers" sitting on the street; and, asked why the City is not pursuing the use of 14555 Carfax Drive. Asked if the applicant is running a business of keeping people sober which is different from a random group cooperating and paying rent in an apartment house; and, asked if the property was originally designated as a boarding house and then designated as a apartment house. Minutes - Planning Commission March 12, 2001 - Page 4 Mr. Kassoff Mr. Robinson Pontious Kozak Jennings Director Continued Responded that all apartment houses are run as businesses; stated this facility exists under a master lease to Pacific Park Recovery for a building owned by S & K Properties; provided the example of IBM signing master leases for workers to have a place to stay while on special projects; and, stated the monies paid by Pacific Park to S & K Properties are on a per- bed basis--S200 per month per bed--which extrapolates to $1,600 per month for a two-bedroom apartment and falls well within the parameters prescribed by the City. Referred to earlier meetings with staff during which the boarding house/apartment designation was discussed; stated his understanding that the City Council was amenable to changing the R-4 zoning to allow boarding houses would solve the problem; and stated that, rather than being pidgeonholed one more time into a use applicants did not agree with, filing a use determination application before the Planning Commission seemed the appropriate action to resolve the situation. Stated her appreciation for the testimony and her respect for sober living facilities; stated that when presented with similar recovery facilities, there have always been regarding the concerns, etc.; more that can and, concurred the application. concerns and conditions in place number of people involved, traffic as important as the facility is, there is be done to bring it into compliance; with staffs recommendation denying Pointed out that a conditional use permit has been the procedure in previous situations. Stated her feeling that such facilities are an asset to the recovering individuals and to the community; however, it is necessary to reach compliance; and, supported staff's recommendation. It was moved by Pontious, seconded by Jennings, to adopt Resolution No. 3772 denying Use Determination Nos. 00-001 and 00-002 determining that the uses that have been established are not apartment uses and are boarding houses which require approval of a conditional use permit. Motion carried 4-1. Miller abstained. Pointed out there is a seven-day appeal period which expires at the close of business, March 19, 2001. CONTINUED DESIGN REVIEW 01-001 A REQUEST FOR AUTHORIZATION TO REPAINT THE BUILDING EXTERIOR INCLUDING THE FASCIA, PARAPET WALLS, AND WAINSCOT WITH PEACH AND ORANGE COLORS. THIS PROJECT IS LOCATED AT 1091 OLD IRVINE BOULEVARD WITHIN THE C-1 RETAIL COMMERCIAL ZONING DISTRICT. Minutes- Planning Commission March 12, 2001 - Page 5 Director Director reported Recommendation: That the Planning Commission continue Design Review 01-001 to the April 9, 2001, Planning Commission meeting. It was moved by Miller, seconded by Bell, to continue Design Review 01-001 to the April 9, 2001, Planning Commission meeting. Motion carried 5-0. Added for the benefit of the applicants and owners that this may be appealed to the City Council; the City would need to receive the appeal, the reasons for the appeal, and the appropriate fee by the close of business Monday, March 29, 2001. 6. STAFF CONCERNS The City Council initiated amendments to the MCAS Tustin Reuse Plan. Jennings Director Bell Director Pontious Miller The City Council tabled Ordinance No. 1234 amending terms of office of members of the Audit Committee. Noted that the current Planning Commissioners will remain until their successors are appointed; there is not yet a date set for Planning Commissioner interviews. COMMISSION CONCERNS Asked if there has been any progress with Acorn Naturalists or the Tustin Car Wash. Answered that grading permits have been issued for the car wash; time has expired for Acorn Naturalists at that site, but there may be a plan for an Old Town location. Asked if there are plans for the small businesses burned at Larwin Square. Indicated plans have been submitted into plan check to expedite the issuance of permits and will follow the Vons architecture. Encouraged everyone's attendance at City Council meetings and speaking out to show support on the MCAS Tustin Reuse Plan. Stated the Surfas Furrier appeal notice seemed ambiguous regarding the site address. Kozak Thanked staff for their assistance with Item No. 4 on this evening's agenda. Asked if there is any way staff can facilitate Iow-interest loans for the small businesses at Larwin Square. Asked if measures can be implemented, such as holding the property owner accountable for permit Minutes - Planning Commission March 12, 2001 - Page 6 requirements and notifying tenants of those requirements, to prevent situations like Item No. 2 on the agenda this evening. Director Indicated that staff will look into those issues and provide outreach wherever possible. Kozak Reported a box spring leaning against the dairy on Old Irvine Boulevard; and, stated the driveway access in that whole area is crumbling. 8:12 p.m. ADJOURNMENT It was moved by Pontious, seconded by Bell, to adjourn to April 9, 2001. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, April 9, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ['~sti~ A. Pon"~i~us Chairperson Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission March 12, 2001 - Page 7