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HomeMy WebLinkAboutPC Minutes 12-09-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 9, 1996 CALL TO ORDER: 7:14 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Leslie Pontious INVOCATION: ROLL CALL: Tustin Police Chaplain, Lloyd Strelow Commissioners Present: Lou Bone, Chairman Steve Kozak Howard Mitzman Leslie Pontious David Vandaveer Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Sara Pashalides, Associate Planner Karen Peterson, Assistant Planner Kathy Martin, Planning Commission Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No one addressed the Commission CONSENT CALENDAR: (ALL MATTERS LISTED UNDER THE CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the November 25, 1996 Planninq Commission Meetinq. Commissioner Pontious moved, Co~.-.-Lissioner Vandaveer seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Comprehensive Revisions To The City's Subdivision Code (Continued from meetings of November 12 and November 25, 1996) Recommendation - That the Planning Commission continue this item to the January 13, 1997 Planning Commission meeting. Presentation: Daniel Fox, Senior Planner Commissioner Vandaveer moved, Commissioner Pontious secondeS, to continue the item to the January 13, 1997 Planning Commission meeting. Motion carried 5-0. Planning Commission Minutes December 9, 1996 Page 2 3. Large-Family Day Care Home (LFD 96-001) APPLICANT/ PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: AZRA A. MALIK 1382 LANCE DRIVE TUSTIN, CA. 92680-4551 1382 LANCE DRIVE SINGLE FAMILY RESIDENTIAL (R-l) DISTRICT THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO OPERATE A LARGE-FAMILY DAY CARE HOME. Recommendation - That the Planning Commission: Inquire if any property owner within 100 feet of the proposed large-family day care home desires to protest the request based on adverse impacts of traffic, parking, noise, or overconcentration. If no valid protest is received, adopt Resolution No. 3505 approving LFD 96-001. If a valid protest is received: A. Open and conduct a public hearing; B. At the conclusion of the public hearing, adopt Resolution No. 3505 approving LDF 96-001. Presentation: Karen Peterson, Assistant Planner The Public Hearing opened at 7:16 p.m. Commissioner Bone noted that there cannot be another large day care center located within 100 feet of the property, and asked if this also applies to a small day care center. Karen Peterson responded that the 100 foot restriction does not apply to a small day care center. Commissioner Kozak asked why two different measurements were used for notification and another for establishment. Karen Peterson responded that state law establishes 100 feet for notifying property owners in relation to large family day care homes. Lois Bobak stated that this is because there are very limited objections that an adjacent homeowner can make and they usually involve noise and traffic circulation. The further away in proximity, the less intense those potential impacts would be. Commissioner Kozak noted that the site plan contained in the staff report was very hard to follow. He asked if the site plan was sent to public safety agencies. Karen Peterson stated that the site plan is sent to the State Department of Health Services. Elizabeth Binsack noted that Condition 1.6 of Resolution 3505 requires that the applicant submit a site plan for approval by the Community Development Department and would address Commissioner Kozak's concerns. Planning Commission Minutes December 9, 1996 Page 3 The Public Hearing closed at 7:22 p.m. Commissioner Vandaveer moved, Commissioner Pontious seconded, to adopt Resolution No. 3505 approving LFD 96-001. Motion carried 5- 9. REGULAR BUSINESS: 4. Desiqn Review 95-045 APPLICANT: OWNER: AGENT: ARCHITECT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: THE HOME DEPOT 601 S. PLACENTIA AVENUE FULLERTON, CA. 92631 ATTN: JEFF NICHOLS THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE P.O. BOX I NEWPORT BEACH, CA. 92658-8904 ATTN: KEITH EYRICH DONAHUE SCHRIBER 3501 JAMBOREE RD., SUITE 300 NEWPORT BEACH, CA. 92660 ATTN: MARK WHITFIELD GREENBERG FARROW 15101 RED HILL AVENUE, SUITE 200 TUSTIN, CA 92780 ATTN: TAMARA SANTONI 2782 EL CAMINO REAL PLANNED COMMUNITY-MIXED USE (PC MU), SPECIFIC PLAN EAST TUSTIN THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO CONTINUE THE OUTDOOR SALES Recommendation - That the Planning Commission adopt Resolution No. 3506 approving Design Review 95-045. The Public Hearing opened at 7:22 p.m. Presentation: Sara Pashalides, Associate Planner Commissioner Bone inquired why the applicant never followed through with expansion plans. Sara Pashalides responded that the expansion was proposed to increase the garden area and to address the need for an access drive at Myford Road which was tied in with the conditions of approval for Black Angus. She stated that the applicant felt that the additional floor area was cost prohibitive and would have complicated the loading area. Commissioner Bone asked if there was parking on the north side. Sara Pashalides responded that there was at one time but when West Drive and the accessway were modified, parking was eliminated. Commissioner Mitzman indicated that he observed flat carts being stored in parking spaces. Sara Pashalides responded that the flat cart storage area is now at the far south end of the front entry. Planning Commission Minutes December 9, 1996 Page 4 Commissioner Bone stated that he has witnessed vendors beyond the red stripe line. Sara Pashalides responded that the condition was worded to allow promotional activities which are required to be behind the red painted area. Lois Bobak stated that the area is a public walkway and Home Depot has no control over whether someone stands there. She indicated that what the Commission can control is where Home Depot places the outdoor displays. Commissioner Bone noted that he has witnessed individuals with vendors tables and believes they had received approval from Home Depot. Lois Bobak responded that an individual with a vendors table can be regulated. Commissioner Kozak stated that he has observed non-seasonal items stored in front of the doors. He stated those items could be stored elsewhere. Commissioner Bone inquired if approval of this permit would set a precedent in the City. Lois Bobak answered that anytime the City or Commission takes action someone can argue that it is precedent for another action. She stated that this large regional center is unique. It may be a precedent for other uses in the center, but not for other areas in the City. Commissioner Bone asked if this should be addressed in the Conditional Use Permit. Sara Pashalides stated that Section 3.8.4 K of the East Tustin Specific Plan was included as Attachment A. She noted that is the regulation that allows for storage areas and that other areas in the City are not subject to the same regulations. Lois Bobak stated that the East Tustin Specific Plan does not require outdoor storage to be approved by a conditional use permit process. Elizabeth Binsack noted that City Council Resolution No. 95-64 established a finding that the outdoor display of home improvement materials and garden materials is consistent with the nature of the subject retail business and that this type of merchandise is typically stored on display in an outdoor area. The outside display of home improvement merchandise is consistent with the design and operation of the business and will not establish a precedent for other non-garden retail outdoor areas within the center. She stated that this finding could be included as Finding F in Resolution No. 3506. Commissioner Vandaveer asked if this approval would be for a limited time. Sara Pashalides noted that the prior approval was for a limited basis, but is now proposed for seven days a week on a permanent basis. Planning Commission Minutes December 9, 1996 Page 5 Commissioner Vandaveer asked why two feet in height was chosen for the screen wall. He stated that he believed someone might step over the wall and not see what they are stepping into. Sara Pashalides answered that the reason for the two foot high wall was to afford the promotional opportunities that Home Depot is requesting, but still provide a barrier so that merchandise would not encroach into the pedestrian walkway. Commissioner Bone noted that a barrier 3 or 4 inches high would suffice. Lois Bobak noted that the liability is not on the part of the City but of the center or Home Depot. She stated there would be more concern over a barrier 3 or 4 inches high as opposed to a barrier that is 2 feet high. Commissioner Vandaveer asked if the post and chains were removable. Sara Pashalides answered affirmatively. Commissioner Vandaveer suggested that the posts be permanently affixed. Elizabeth permanent solution, area. Binsack noted that the post and chains worked if and indicated that the wall may not be the optimal but would ensure that merchandise remains behind the Commissioner Pontious asked if the wall could be constructed of lattice work. Commissioner Bone asked if there is a condition in the resolution stating what hours the employees can move the products. Jeff Nichols, applicant, 601 S. Placentia Ave., Fullerton, gave the past history on the Home Depot. He stated that he is concerned with the new conditions. He stated that requiring more barriers in front of the store would exacerbate the problem and building a low wall would create a cavernous feeling. He suggested that staff set a regular time period for review. Commissioner Bone noted that the Commission does not want to see the wall. He noted the complaints the City has received about conditions at the location. Jeff Nichols suggested that the City invalidate the use permit if Home Depot was not following the conditions of approval. Elizabeth Binsack suggested that if the Commission wished, staff could propose a condition that would give the staff the ability to review the operations every six months and in the event there is a problem, the matter could be scheduled for the Commission's consideration. The applicant could then be required to resubmit or add a permanent barrier at that time. She indicated that if the area can not be regulated effectively, staff could require a low wall, permanent posts and chains, permanent wrought iron or a revocation of the use. She stated that staff will draft a condition and allow the applicant the ability to review that condition before the Commission takes action. Commissioner Mitzman suggested the item be continued for 30 or 60 days. Planning Commission Minutes December 9, 1996 Page 6 Lois Bobak responded that the problem is not a 30 or 60 day problem, but more long term. Commissioner Pontious noted that the Home Depot has employee manuals to direct the method of storage. She suggested that staff encourage Home Depot to pursue this method. She also stated that she would like the issue to come back to the Commission on a periodic basis. Commissioner Vandaveer suggested a sign be posted that states "Ail merchandise shall be behind the red line." Commissioner Bone asked if the applicant had any suggestions. Jeff Nichols stated that when a Home Depot store manager is placed, the home office for that area is notified. The real estate manager can advise the new manager of the local restrictions. Commissioner Bone inquired if Mr. Nichols was based in Fullerton. Jeff Nichols answered affirmatively. Commissioner Mitzman stated that he would like to see a condition that if there is a managerial change, the City be notified so staff can walk the location with the new manager. Elizabeth Binsack stated that it would not be practical to add such a condition; staff would need to do the same for all projects. She suggested that rather than reviewing every six months, language be added that the site be inspected every six months or as deemed necessary. She stated that if Home Depot is complying with conditions, staff will not need to write a report. She suggested a condition for signage subject to review and approval by the Community Development Department. Commissioner Bone asked if Home Depot were found to be in violation, would they be fined. Elizabeth Binsack stated that if Home Depot was in violation of a city code, staff can issue a citation. She stated that issuing a citation would be a last resort. Commissioner Bone stated that if the manager of the store were to have to pay a fine it would be helpful. Jeff Nichols stated that he believed that the threat of losing the ability to place merchandise outside would have a greater effect. Commissioner Bone asked if staff gives written warnings. Elizabeth Binsack answered that staff gives verbal warnings on site. She stated that if the individual takes care of the violation, the case is then deemed closed. If compliance is not achieved, staff sends a letter. Staff has already reached that level with this property. Staff would use one of the more aggressive ways to take care of this issue. She stated that adding this kind of condition of approval would be sufficient enough to ensure compliance. Commissioner Pontious inquired if staff would contact the home office in Fullerton. Elizabeth Binsack stated that traditionally the on-site manager would be contacted. Planning Commission Minutes December 9, 1996 Page 7 Commissioner Pontious asked if, in addition, the home office could be contacted. Elizabeth Binsack stated that staff could notify Mr. Nichols. Lois Bobak suggested that staff be given an opportunity to develop conditions for Mr. Nichols to review before coming back to the Commission. She suggested that this item be continued to the first meeting in January. Karol Reedy, General Manager of Tustin Marketplace, Donahue Schriber, stated that on behalf of the landlord, they are appreciative of the Commission's concerns and want to be sure that if the Commission is going to request any permanent type of structure that they have approval rights on behalf of the shopping center. She further stated that they would like to be informed of any notices to Home Depot regarding violations. She stated that they can assist them and work with the manager on-site. Commissioner Vandaveer moved, Commissioner Pontious seconded, to continue Design Review 95-045 to January 13, 1997. Motion carried 5-0. The Public Hearing closed at 8:05 p.m. STAFF CONCERNS: Report on Actions taken at the December 2, 1996 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director Staff reported on the subject agenda· COMMISSION CONCERNS Commissioner Pontious - Wished everyone a merry holiday season. Noted that she would be on holiday light patrol tomorrow evening with the Tustin Pride for the holiday display awards. Commissioner Kozak - Wished everyone a good holiday season. Informed staff that 6 or 8 light fixtures at Columbus Tustin Gym are loose. Staff responded that they would have Public Works check on the light fixtures. Informed staff that the old lane striping at Red Hill, Bryan and Irvine Boulevard is still visible and should be removed. Staff responded that Public Works would be informed of this matter. Planning Commission Minutes December 9, 1996 Page 8 - Noted that at the old Marie Callendar's location, the neon sign showing directions to the restaurant is lit up at night which could be misleading to motorists. Staff responded that the property owner would be contacted. - Noted that there was graffiti located at the McFadden Village. Staff responded that they would have code enforcement check on the graffiti. Commissioner Vandaveer - Wished everyone Happy Holidays. - Commented on the newly installed bus shelters. - Asked if staff could have code enforcement check on Main Street for deteriorated banners. Staff responded in the affirmative. Commissioner Bone - Thanked staff for their efforts over the past year. Noted that he also would be out on light patrol tomorrow evening. He also mentioned a house on Caper Tree with an exceptional display. He indicated that he would let staff know the address of that property. Noted that the Tustin Pride Committee would be at Columbus Tustin Park for the Tree Recycling program. Commissioner Mitzman - No comments. ADJOURNMENT: Commissioner Vandaveer moved, Commissioner Pontious seconded, to adjourn the meeting to 8:15 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on January 13, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. LOU BONE Chairman KATHLEEN MARTIN Recording Secretary