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HomeMy WebLinkAboutPC Minutes 11-22-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 22, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Davert ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima Pontious Present: Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious Absent: None Staff: Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Rita Westfield, Assistant Director of Community Development Scott Reekstin, Acting Senior Planner Lori Ludi, Associate Planner Minoo Ashabi, Assistant Planner Kathy Martin, Recording Secretary and PUBLIC CONCERNS: CONSENT CALENDAR: 1. Minutes of the November 8, 1999 Planninq Commission Meeting. Commissioner Davert moved, Commissioner Kawashima seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 99-014 a request to amend the development standards for the Tustin Village II Planned Community under Conditional Use Permit 63-149 to include a definition, development standards and design review criteria for accessory structures. The project is located west of Tustin Village Way, north of Alliance Avenue, south of the I-5 Freeway and east of Williams Street within the Planned Community (PC) zoning district. APPLICANT/ PROPERTY OWNER: TUSTIN VILLAGE II HOMEOWNERS ASSOC. Recommendation That the Planning Commission continue Conditional Use Permit 99-014 to the December 13, 1999 Planning Commission meeting. The public hearing opened at 7:01 p.m. Lori presented the subject report and noted the continuance was being requested due to a complaint received after the public hearing notices were mailed out. Planning Commission Minutes November 22, 1999 Page 2 The public hearing closed at 7:02 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to continue Conditional Use Permit 99-014 to the December 13, 1999 Planning Commission meeting. Motion carried 5-0. 3. Use Determination 99-003 and Conditional Use Permit 99-024 a request to operate a martial arts studio in the retail center located at 640 W. First Street within the Commercial as Primary Use designation of the First Street Specific Plan APPLICANT: DAVID HUGHES OOM YUNG DOE PROPERTY OWNERS: MELLILI FAMILY TRUST PLAZA ON FIRST ASSOCIATES Recommendation That the Planning Commission adopt Resolution Nos. 3703 and 3704 approving Use Determination 99-003 and Conditional Use Permit 99-024 to allow a martial arts studio at 640 W. First Street within the "Commercial as Primary Use" designation of the First Street Specific Plan (FSSP). Minoo Ashabi presented the subject report. The public hearing opened at 7:05 p.m. Commissioner Davert noted his concern about the hours of operation being restrictive and noted that perhaps changing the hours to 9:00 a.m. to 9:00 p.m. for all days would be more appropriate. Minoo noted that these are the hours proposed by applicant. Chairperson Kozak noted that private lessons provided on Saturday should have hours of operation listed also. Commissioners Davert, Bell and Pontious concurred with Chairperson Kozak. Chairperson Kozak asked Doug Anderson about the need for condition 2.7 which requires a parking demand analysis and asked if the analysis would include circulation as his concerns are centered on drop off and pick up of vehicles and the creation of problems for tenants. Doug Anderson replied that typically any congestion would be for no more than 15 or 20 minutes and staff would not be as restrictive to invoke a traffic study. The Director noted that if the Planning Commission is concerned about circulation, the condition could be amended to reflect that concern. Chairperson Kozak stated he did not wish to impose anything on the applicant if there were no issue. The Director noted that the site is relatively small but there could be an issue in the future. Doug Anderson noted there could be issues with other businesses. Commissioner Pontious stated she believed the center would be underparked in most cases. Chairperson Kozak stated his comfort with leaving the conditions as they are. Planning Commission Minutes November 22, 1999 Page 3 The public hearing closed at 7:08 p.m. Commissioner Pontious suggested that staff speak with the property owners since they were not aware of what kind of businesses are appropriate for their center. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution Nos. 3703 and 3704 approving Use Determination 99-003 and Conditional Use Permit 99-024 to allow a martial arts studio at 640 W. First Street within the "Commercial as Primary Use" designation of the First Street Specific Plan (FSSP) amended as follows: Condition 2.2: to read "Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. Monday through Saturday. The school shall be closed on Sundays. Modifications to the hours of operation may be approved by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur." Motion carried 5-0. Code Amendment 99-001 a request to amend the Tustin City Code related to Boarding Houses in the Suburban Residential (R-4) and Multiple Family Residential (R-3) Districts and associated definitions. APPLICANT: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT Recommendation That the Planning Commission: 1. Adopt Resolution No. 3706 recommending approval of the environmental determination for the project; and, 2. Adopt Resolution No. 3707 recommending that the City Council approve Code Amendment 99-001. Scott Reekstin presented the subject report and noted the changes made to the ordinance. The Public Hearing opened at 7:12 p.m. Commissioner Davert noted his concern with the definition of boarding houses and asked how compensation would be addressed if a non-profit group were running a facility. The Director stated that issue is covered under the definition. Lois Bobak stated that type of facility would fall under a single family use and would have to meet the code and if there were unique burdens placed on that development it would be dealt with as a code enforcement issue. Commissioner Davert asked if there was any benefit to tightening up the ordinance. Lois Bobak noted that would be difficult because California and Federal law places restrictions on cities regulating uses on the basis of family definitions. The uses must be regulated by their impacts and not the nature of the people making the impacts. The Director noted that if eleven individuals get together to live in a fraternity house on a college campus it would be considered a boarding house and would be subject to a conditional use permit. Commissioner Davert asked about the impacts if an individual were to buy a big house and take in homeless people for free. Planning Commission Minutes November 22, 1999 Page 4 The Director stated that use would fall under the definition of a family and further stated that staff believes what is being presented is as restrictive as permitted by law. Chairperson Kozak asked the Director if staff received any contacts from interested parties. The Director responded that notices were provided as required and she spoke with Nick Spadafino who indicated that he and his attorney found the ordinance acceptable. The Public Hearing closed at 7:17 p.m. Commissioner Kawashima asked if individuals in the R-4 district could use the ordinance as a tool of enforcement. The Director noted the ordinance establishes boarding house as a conditionally permitted use within the R-4 district with certain development standards and provides greater opportunity for someone to legally establish a use and affords the City the ability to regulate the use in a reasonable manner. Chairperson Kozak noted that someone in audience may wish to speak. The individual noted that he was attending for Conditional Use Permit 99-014. The Director informed the individual that the hearing was continued to December 13"' but he could supply staff with his comments in writing or over the phone if he is unable to attend the meeting on December 13::'. Commissioner Kozak moved, Commissioner Davert seconded, to adopt Resolution No. 3706 recommending that the City Council approve the environmental determination for the project. Motion carried 5-0. Commissioner Kozak moved, Commissioner Davert seconded, to adopt Resolution No. 3707 recommending that the City Council approve Code Amendment 99-001, revised as follows: Ordinance No. 1225, Page 4, Section IV, under definition of "Family" - delete the following "related by blood or legal status or a group of not more than six (6) persons who are not so related" Motion carried 5-0. REGULAR BUSINESS AIRPORT ENVIRONS LAND USE PLAN (AELUP). The Orange County Airport Land Use Commission (ALUC) has the authority to adopt a comprehensive airport land use plan. In 1975 the ALUC adopted Orange County's first Airport Environs Land Use Plan (AELUP). The AELUP is a twenty-year planning document for the airports within Orange County. The AELUP may be amended on an annual basis. The City of Tustin has responded to a number of issues proposed in previous amendments and the current 1999 Amendment. Recommendation Receive and file. The Director noted that the Planning Commission requested information on the AELUP so staff has provided a staff report on that topic. Chairperson Kozak asked the status of the cities in litigation. Planning Commission Minutes November 22, 1999 Page 5 The Director replied that she was not sure how many cities were involved, but does not believe Tustin will join the effort and noted that staff will provide updates to the Commission as the issue progresses. The Director stated that part of the reason the City is not joining the litigation is because Tustin has a different issue than the other cities who are considering litigation. Commissioner Davert thanked Rita Westfield for an excellent report. Commissioner Davert moved, Commissioner Bell seconded, to receive and file the subject report. Motion carried 5-0. 6. Status Report Elizabeth A. Binsack presented the subject report and noted that staff will be doing a status report every other month or quarterly starting in January 2000. STAFF CONCERNS: 7. Report on Actions taken at the November 15, 1999 City Council Meeting Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Commissioner Bell Asked staff for clarification on the Sutcliffe property issue. The Director responded that in addition to the variance that the Planning Commission approved for the property to allow the owner to maintain a fence, the Public Works Department issued an encroachment permit to allow construction in the public right-of-way. The property owner proceeded to construct the wall without permits. She further noted that permits have been issued since that time. Commissioner Davert Stated his agreement with comments from Councilmembers Saltarelli and Thomas who pointed out the importance of building permits. Noted the Mayor's Prayer breakfast was a huge success and reminded everyone of the December 3rd tree lighting ceremony in Old Town. Commissioner Pontious - Noted that landscaping at the former headache clinic at Newport and Mitchell was overgrown. - Noted that graffiti was coming down and thanked staff. Commissioner Kawashima - Noted that he did some work in the City of Orange and they required him to obtain a business license. He asked if the City of Tustin requires a business license for work being done in the City. The Director responded that although she was not sure of the City of Orange's regulations; however, if an individual is doing business in Tustin, they are required to obtain a license similar to a contractor. Planning Commission Minutes November 22, 1999 Page 6 Chairperson Kozak - Thanked staff for taking care of the lease sign in front of the Fireman's Fund building. - Stated that the Tustin Lanes bowling alley has received a new coat of purple paint and he believed one of the conditional use permit conditions was for the color purple to be fazed out. The Director responded that staff will follow up on that issue. - Thanked staff for their help and wished everyone a Happy Thanksgiving. ADJOURNMENT: Commissioner Bell moved, Commissioner Pontious seconded, to adjourn the meeting at 7:32 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on December 13, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 1999 ~t~[~.e~ v. Kozak Chairperson Elizabeth A. Binsack Planning Commission Secretary