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HomeMy WebLinkAboutPC Minutes 11-12-96MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 12, 1996 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Dave Vandaveer INVOCATION: Tustin Police Chaplain, Rev. Dane Counts ROLL CALL: Commissioners Present: Lou Bone, Chairman Dave Vandaveer, Chairman, Pro-Tem Steve Kozak Howard Mitzman (arrived at 7:28 p.m.) Leslie Pontious Staff Present: Elizabeth A. Binsack, Director Lois Bobak, Deputy City Attorney Doug Anderson, Transportation Engineer Daniel Fox, Senior Planner Sara Pashalides, Associate Planner Karen Peterson, Assistant Planner Kathy Martin, 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 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 October 28, 1996 Planninq Commission Meetinq. Siqn Code Exception 96-002/Amendment to Siqn Code Exception 95-007 PROPERTY: OWNER APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: EMS DEVELOPMENT COMPANY (ENDERLE CENTER) 14081 SO. YORBA STREET, SUITE 107 TUSTIN, CA. 92780 ATTN: ED SOLTIS PROMOTIONAL SIGNS 22552 MUIRLANDS BLVD. LAKE FOREST, CA 92630 ATTN: MALCOLM HALE 14081 YORBA STREET PLANNED COMMUNITY COMMERCIAL (PC-COMM) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO EXPAND AN EXISTING CENTER IDENTIFICATION WALL SIGN FOR ENDERLE CENTER FROM 75 SQUARE FEET TO 119 Planning Commission Minutes November 12, 1996 Page 2 SQUARE FEET; TO ALLOW EXPOSED NEON SIGNS; AND TO AMEND CONDITION NO. 1.6 OF SIGN CODE EXCEPTION 95- 007. Recommendation - That the Planning Commission adopt Resolution No. 3493 approving Sign Code Exception 96-002. Commissioner Pontious moved, Vandaveer seconded, to approve the Consent Calendar. Motion carried 4-0. Commissioner Mitzman was absent for this vote. PUBLIC HEARINGS: 3. Conditional Use Permit 96-025/Amendment No.3 to Use Permit 85-9 APPLICANT: WAHOO'S FISH TACO 3518 LAKE CENTER DRIVE, SUITE C SANTA ANA, CA 92704 ATTN: EDUARDO LEE OWNER: A.U.D. CORPORATION 111 W. OCEAN BLVD, #1360 LONG BEACH, CA 90802 OWNER'S AGENT: HOLLIS & ASSOCIATES, INC 4676 BARRANCA PKWY IRVINE, CA 92640 ATTN: AMANDA FRANSEN LOCATION: 13791 NEWPORT AVENUE, TUSTIN PLAZA 13681 - 13891 NEWPORT AVENUE PLANNED COMMUNITY COMMERCIAL (PC-C) ZONING: ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3 & 11) PURSUANT TO PROVISIONS OF SECTION 15303 AND 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE (ABC LICENSE TYPE "41") FOR CONSUMPTION ON THE PREMISES AND MODIFICATION OF SHARED PARKING PROGRAM TO ACCOMMODATE ADDITIONAL RESTAURANT SEATING. Recommendation - That the Planning Commission adopt Resolution No. 3494 approving Conditional Use Permit 96-025 authorizing the on- site sale of beer and wine in conjunction with a restaurant and amending CUP 85-009 establishing the shared parking program for Tustin Plaza to allow additional restaurant seating in the center. Chairman Bone opened the Public Hearing at 7:06 p.m. Presentation: Sara Pashalides, Associate Planner Commissioner Kozak inquired if Condition 2.15, requiring designated employee parking, was a standard condition for other tenants in the shopping center. Sara Pashalides responded that the condition is not a standard condition, but is suggested for this proposal to ensure there is sufficient parking. Commissioner Kozak suggested that staff encourage the property owner to have all employees park in the back of the center; and, asked if pedestrian walkways are marked to prohibit skateboarding. Commissioner Bone indicated that the retail buildings have plaques prohibiting skateboarding. Planning Commission Minutes November 12, 1996 Page 3 Commissioner Vandaveer inquired if Condition 2.3 required of a restaurant tenant. Sara Pashalides responded that Condition 2.3 is condition for ABC licenses related to restaurant uses. is usually a standard Commissioner Vandaveer asked why the tenant has to prepare the food on premises. Sara Pashalides noted that within Planning Commission Resolution No. 3366, which is the Alcoholic Beverage Sales Establishments Guidelines, Subsection B identifies that the menu Of the restaurant shall consist of foods that are prepared on the premises. Eduardo Lee, applicant, stated that Wahoo's is looking forward to doing business in Tustin. Commissioner Pontious inquired where the other Wahoo's locations were. Eduardo Lee stated that there are restaurants in Huntington Beach, Laguna Beach, two in Costa Mesa, one in Lake Forest, and one in Denver which opened several months ago. Chairman Bone closed the Public Hearing at 7:16 p.m. Commissioner Kozak moved, Pontious seconded, to approve Conditional Use Permit 96-025 by adopting Resolution No. 3494. Motion carried 4-0. Commissioner Mitzman was absent for this vote. 4. Conditional Use Permit 96-033/Amendment to Use Permit 69-300 APPLICANT: TENANT: LOCATION: ZONING: SARA BARNETT 14031 UTT DRIVE TUSTIN, CA 92780 PACIFIC AUTO PARTS 125 WEST MAIN STREET TUSTIN, CA 92780 125 WEST MAIN STREET CENTRAL COMMERCIAL - PARKING AND CULTURAL RESOURCE OVERLAY DISTRICTS (C2 - P & CR) ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO PERMIT OUTDOOR STORAGE OF TWO METAL STORAGE CONTAINERS AND THREE MILITARY VEHICLES. Recommendation - That the Planning Commission: 1. Conduct a public hearing; 2. Provide direction on the alternative courses of action; and, o Continue the matter to the November 25, 1996 meeting to allow staff to prepare the appropriate Resolution based upon the direction provided by the Commission. Chairman Bone opened the Public Hearing at 7:17 p.m. Presentation: Sara Pashalides, Associate Planner Planning Commission Minutes November 12, 1996 Page 4 Commissioner Vandaveer abstained noting he has property within 300 feet of the project. The Director noted that the Planning Commission may not have the ability to preclude the vehicles from being stored on the property via the Conditional Use Permit process. The question is whether or not they should be stored in the interior or the exterior. If stored on the exterior, the Commission should determine how many and how the vehicles should be stored. The vehicles could be stored inside of a structure on-site. However, if the Uniform Building Code precluded inside storage, the applicant may be required to construct fire rated walls or other building improvements to provide division between the various occupancies. Staff has not studied that issue because this alternative was not proposed or desired by the applicant. Commissioner Kozak asked why the item was being presented to the Commission without a staff recommendation. The Director stated that the code is not clear as to whether or not this is considered outdoor storage. The vehicles are not licensed and the bins are not considered structures under the Uniform Building Code. The Commission should make a determination as to whether or not the location of these military vehicles is ancillary to the use and if it is appropriate for them to be stored outside. Staff wanted to provide the Commission with as many options as possible. Commissioner Pontious asked why the military vehicles could not be stored in the back parking area along with the other bin. Sara Pashalides noted that access could be difficult because there is an existing building on the east side of the access drive and a masonry wall on the west side. The Director noted that the adjacent property owners may have concerns about what they would be viewing. The applicant advertises the tanks in association with his business and appreciates the visibility from Main Street. Commissioner Bone noted that he viewed the location and spoke to Vince Conner, the owner of Pacific Auto Parts. He inquired if there was approval for the bin located on the east side of the building. The Director stated that these bins are not regulated by the Uniform Building Code and are not specifically addressed in the zoning regulations. Commissioner Bone noted that there were no "No Parking" signs at the rear gate and there was a truck parked in the middle of the City-owned alley. He would like to see the police patrol the area and ticket vehicles for this violation. Sara Barnett, applicant, 14031 Utt Drive, stated that Mr. Conner did ask if he could move the storage container on-site and had requested a permit. She stated that staff told him a permit was not necessary. She also noted that there have been military vehicles at this location before Mr. Conner had the tanks on site and one tank with the large gun turret has been on-site for six years. She did not know why the tanks have become an issue. Commissioner Bone inquired about the length of time a van has been parked at the site and whether it would be moved. Planning Commission Minutes November 12, 1996 Page 5 Sara Barnett stated she planned to move the van, and noted that the trailer in the back is registered and is for sale. Commissioner Bone noted the negative appearance due to the junk and debris located at the rear of the site. Sara Barnett agreed that the back area needed to be cleaned. Commissioner Bone asked the age of the three military vehicles. Lisa Conner, manager of Pacific Auto Parts, noted that the smaller tank was built in 1947, the large black tank with wheels was built in 1973, and the other large tank was built in 1941. Sara Barnett was concerned about the requirement to install metal bollards against the property to the north and east. She stated that cement buffers are next to the building and she would be happy to install cement buffers on the other side where the tanks are parked. Commissioner Bone indicated that cement buffers would be sufficient. Sara Barnett referred to Condition No. 3 requiring safety mechanisms. She noted that the small tank when backed up cannot be entered. The large tank cannot be entered if the turret is turned the opposite way. Commissioner Bone inquired if there were locks on the tanks. Sara Barnett answered affirmatively. She noted that a key is required to start them. Vince Conner has other safety mechanisms he does not want publicly disclosed. Sara Barnett noted the request for a sign to be placed on the existing rolling metal gate within the parking area. She stated that there is no problem with parking. Sara Barnett referred to the parking lot being resurfaced. She stated that the parking lot is in good condition, but she would be willing to restripe the lot. Sara Barnett noted that the rear of the property will be cleaned. She stated only one bin would be needed to store the materials currently stored in the rear. The Director noted that a building permit is not required for those storage bins. There is a distinction between the building permitting process and the planning permitting process. The bin requires the Planning Commission's consideration because it was placed in an approved parking lot area for the original Pacific Auto Parts and was not considered as part of the original use permit. This matter is coming to light at this point because there have been complaints regarding the storage of the vehicles and the bin on site. There was also concern related to safety of the storage of the vehicles on site. She stated that the Commission must make findings to approve or deny the request. The Commission can require these conditions as part of their discretionary review. If the Commission does not feel they can make the findings to support these conditions, she suggested that they either be deleted or modified. Planning Commission Minutes November 12, 1996 Page 6 Dewayne Oqelvie, 3952 Capri Ave., Irvine, employee of Pacific Auto Parts, spoke in favor of the project and stated that in the last three years, while delivering parts no one has ever said anything negative about the tanks. The tanks are a source of pride. Arnold Surfas, owner of Surfas Furriers, 365 E1 Camino Real, spoke in favor of the project and stated he finds the military tanks to be positive for the area and are needed in the downtown because they are unique to the area. He stated that parking is not a problem, the military vehicles are parked far enough to the rear of the lot, the containers are on private property, and the request should be approved. Ernie Chinq, attorney, 210 W. Main Street, spoke in favor of the project and stated that the tanks bring a sense of community to the Old Town area. He stated that putting up a barrier to shield the tanks would be a tragedy. DouHlas Earle, 1414 N. Huron, owner of Wooden Indian Barber Shop, stated that in the six years that the tanks have been there, they have been a great conversation piece. He has only heard positive comments and hopes the tanks will continue to be visible. Robert Grey, 13851 Eton Place, Santa Ana spoke in favor of the project and stated he does not think there should be a concern about the tanks and indicated the project should be approved. Commissioner Bone stated that the military vehicles are good for the downtown area and will complement the City's upcoming 70th birthday. He stated: Alternative A should be retained but modified; the storage containers should be painted the same as the building; cement bumpers should be installed to prohibit the military vehicles from running into the building; the wall signs are sufficient; the placement of a screen on the front of the fence should not be required; safety mechanisms should be required; no more than three vehicles should be parked on the lot at any one time; and, the rear yard area should be cleaned. Commissioner Pontious stated that the applicant should work out safety mechanism issues with the Police Department. Commissioner Kozak stated that he agrees with the other Commissioner's comments and would like to see the bin next to the military vehicles moved to the rear of the property. Lisa Conner stated that the bin in the front next to the vehicles contains auto parts and it is imperative that the bin stay where it is until arrangements can be made with Mrs. Barnett to move their operation indoors. Sara Barnett stated the bin that is along the side will not fit in the back. She agreed that the back needs to be cleaned. The Director reiterated the Commission's desired action and related conditions and recommended that the item be continued. She indicated staff would work with the applicant and property owner to develop a resolution for consideration at the next Planning Commission meeting. She stated that parking in the alley to the north can be addressed independently of this Conditional Use Permit. The Public Hearing closed at 8:10 p.m. Planning Commission Minutes November 12, 1996 Page 7 Commissioner Pontious moved, Mitzman seconded, to continue the item to the November 25, 1996 meeting and directed staff to prepare a resolution of approval for Conditional Use Permit 96-033/Amendment to Use Permit 69-300. Motion carried 4-0. Commissioner Vandaveer abstained. 5. Conditional Use Permit 96-035 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DINA LEE 12262 NEWPORT AVENUE SANTA ANA, CA 92705 ROLF ENGEN 950 W. PACIFIC COAST HIGHWAY NEWPORT BEACH, CA 92663 1021 IRVINE BOULEVARD RETAIL COMMERCIAL DISTRICT (C-l) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO ESTABLISH A FORTUNE TELLING USE IN AN EXISTING BUILDING Recommendation - That the Planning Commission adopt Resolution No. 3496 approving Conditional Use Permit 96-035. Chairman Bone opened the Public Hearing at 8:12 p.m. Presentation: Karen S. Peterson, Assistant Planner Daniel Fox introduced Karen Peterson to the Commission. Commissioner Pontious asked if it was necessary to continue the hearing, or if a condition could be added to insure the property owner's authorization is received. Lois Bobak noted that a use is being established for the site; therefore, procedurally it would be better to have all of the necessary elements of a proper application in place and to have the consent of the property owner before the Commission takes action on the project. She stated that the Commission should invite members of the public to offer comments at this point if they are not able to return for the continued public hearing. Commissioner Vandaveer asked if the Tustin Brewing Company was considered a tavern. Daniel Fox stated that the Tustin Brewing Company is licensed as a restaurant. Richard W. Raynor attorney for applicant, noted that fortune telling businesses have been the subject of discrimination. He stated the property owner has no problem with the use and has given approval. He asked that Condition No. 1.2 be modified to read that if written consent is not received, by the City Council hearing date, the use would be denied. Planning Commission Minutes November 12, 1996 Page 8 Lois Bobak responded that this is a Conditional Use Permit for which the Planning Commission has final decision authority unless the matter is appealed. Staff is recommending approval of this application. The sole issue is that the City's zoning and planning regulations require written authorization from the property owner before approval of a use at a particular location. She encouraged the Planning Commission not to consider the application without the consent of the property owner and to continue the item for two weeks. Richard W. Raynor attorney for applicant, stated that no offense was intended towards the City of Tustin in their regulation of fortune telling, and he asked if Condition 1.9 could be changed from 30 days to 60 days. Commissioner Bone asked if there would be a problem with changing the condition to 60 days. The Director indicated that the resolution would be modified. Commissioner Pontious moved, Vandaveer seconded, to continue the item to the November 25, 1996 so that written consent could be obtained from the property owner. Motion carried 5-0. Amendment No. 2 To Vestinq Tentative Tract Map 14188 and Desiqn Review 96-041 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STANDARD PACIFIC 1565 W. MacARTHUR BLVD. COSTA MESA, CA 92626 ATTN: PEGGY ROBERTS TRACT 14188, WEST SIDE OF TOWNSHIP RAWLINGS WAY PLANNED COMMUNITY RESIDENTIAL - (LOW RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN DRIVE AT DENSITY THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO ADD TWO (2) NEW SINGLE-STORY PRODUCTION UNITS TO THE BUILDOUT OF THE EXISTING RESIDENTIAL DEVELOPMENT Recommendation - That the Planning Commission: Adopt Resolution No. 3497 approving the environmental determination prepared for the project; Adopt Resolution No. 3498 approving Design Review 96-041; and, Adopt Resolution No. 3499 recommending that the City Council approve Amendment No. 2 to Vesting Tentative Tract Map 14188. Chairman Bone opened the Public Hearing at 8:25 p.m. Presentation: Daniel Fox, Senior Planner Commissioner Pontious asked about plans 1, 2 and 3 on the statistical summary. Daniel Fox stated that there are four single story homes on the west side of Lambert. They are identified in red and were constructed as part of the original phase. The statistical summary has been updated based upon the existing and the proposed project. Planning Commission Minutes November 12, 1996 Page 9 Commissioner Bone asked that a condition be placed in the Design Review resolution regarding garages being used for parking and not storage. Commissioner Mitzman asked if Condition 3.5 would create any problems with the CCRs. Daniel Fox stated the require garage spaces condition. code and the East Tustin Specific Plan be made available and recommended a David Fell, representing Standard Pacific, stated he has reviewed staff's report and asked that the Commission approve the project. Commissioner Bone asked how many of the ten homes on Stanley have been sold. David Fell indicated that five of the ten have been sold. Commissioner Bone asked if all of the owners have been contacted regarding this modification. David Fell stated that all of the owners had been contacted. Commissioner Bone asked the applicant why a change is proposed. David Fell stated that the two story plans developed and approved in March of 1995 are different enough in square footage and price that plotting the originally intended San Rafael single stories would not effectively complement those two story plans. Commissioner Bone asked if two story homes were planned for the area. David Fell stated that the East Tustin Specific Plan only permits single story homes along that edge of the project. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3497 approving the environmental determination prepared for the project. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded, to close the public hearing at 8:39 p.m. Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3498 approving Design Review 96-041 revised as follows: Exhibit A, Page 3 add Condition No. 3.5 to read: "Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces." Motion carried 5-0. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3499 reco~.~.ending that the City Council approve Amendment No. 2 to Vesting Tentative Tract Map 14188. Motion carried 5-0. Planning Commission Minutes November 12, 1996 Page 10 7. Conditional Use Permit 96-034 and Design Review 96-048 APPLICANT: PROJECT PROPONENT: PROPERTY OWNERS: AGENT: LOCATION: EDGEWOOD PRIVATE SCHOOL MS. BARBARA KRULL 12421 NEWPORT AVENUE SANTA ANA, CALIFORNIA 92705 NANCY F. FEINSTEIN 7665 E. SILVER DOLLAR LANE ANAHEIM, CALIFORNIA 92808 DONALD GOODELL 17700 CASTLETON STREET ROWLAND HEIGHTS, CALIFORNIA 91748 ARTHUR R. SMITH 5591 CLUB VIEW DRIVE YORBA LINDA, CALIFORNIA 92886 TOM JACKSON LEE & ASSOCIATES 3991 MAC ARTHUR BLVD. SUITE 100 NEWPORT BEACH, CALIFORNIA 92660 200 AND 220 EL CAMINO REAL ZONING: ENVIRONMENTAL STATUS: REQUEST: CENTRAL COMMERCIAL - PARKING OVERLAY (C2-P) CULTUR3tL RESOURCES OVERLAY THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO ESTABLISH A PRE-SCHOOL Recommendation That the Planning Commission adopt Resolution No. 3500, approving Conditional Use Permit 96-034 and Design Review 96- 048. Presentation: Daniel Fox, Senior Planner Commissioner Vandaveer asked where the students would be dropped off and picked up. Daniel Fox stated that the loading area would be located at the south elevation in the parking lot. Commissioner Vandaveer asked if there were enough spaces available for waiting parents. Daniel Fox stated that the manuevering area will be sufficient. Parents have to register with the daycare operations and sign children in and out. The parents will be parked in marked spaces. Commissioner Bone asked if the eight restricted parking spaces were restricted all day. Daniel Fox stated that the eight spaces could be designated during peak periods of the morning and the evenings. Staff can work with the applicant to designate those spaces appropriately. Commissioner Bone stated he envisioned a parking problem. Commissioner Pontious agreed the parking spaces should be open during peak hours. Planning Commission Minutes November 12, 1996 Page 11 Commissioner Bone wanted clarification that conditions 2.2, 2.3 and 2.4 covered the increase over and above 60 children. Elizabeth Binsack noted that staff does not have the ability to waive the parking requirements. A reduction in parking/increase in enrollment would have to be presented to the Planning Commission or the Zoning Administrator for consideration. Elizabeth Binsack stated that if the applicant has the ability to restripe the existing lot to gain two more spaces, they can accommodate the desired level of enrollment; or, if they can find two other spaces within close proximity, the intent of the Planning Commission's approval would still be met. If the applicant desires a parking reduction/enrollment increase, then additional consideration would be necessary. Barbara Krull, applicant, 1071 Regis Way, owner and operator of the Edgewood Private School at 12421 Newport Avenue addressed the Commission. Commissioner Bone asked what age pre-schoolers start in the school. Barbara Krull answered 2~ years old. Commissioner Bone stated he can see the play area accommodating 60 children, but 120 children would be crowded. Barbara Krull related that usually two classes (24 children) are in the yard at the same time. The State of California requires 75 square feet of outside play area per child. There are 15,000 square feet in that area. Commissioner Bone liked the design and thought it would be an addition to downtown. Commissioner Vandaveer asked if there was a problem with having a school within proximity of a bar. Lois Bobak stated once the school is established a bar or similar activity cannot be established within a certain number of feet from an existing school. Commissioner Bone asked if there was a concern with the noise since the nearby 1913 restaurant has outdoor seating. Nancy Feinstein owner, builder stated she is an experienced owner builder of a medical building, senior center, and 74 apartments. She selected downtown Tustin because it is a beautiful area with potential. She obtained the signature of every business on both sides of the street below and above with the exception of the office building immediately adjoining. J.R. Mauro, 13572 Wheeler Place, spoke in favor of the project and stated that he appreciates the existence of both schools in the City of Tustin. Thomas Penna 2310 Diamond Bar Blvd., owner of Salon Gallery, spoke in favor of the project and stated that the clientele that comes into the salon brought a lot of business to the surrounding businesses. Most of the Edgewood School parents are his clients. Richard Toral 10071 Sunrise Lane, spoke in favor of the project. Planning Commission Minutes November 12, 1996 Page 12 Arnold Surfas 365 E1 Camino Real, spoke in favor of the project and indicated the use of that area is positive for the businesses in Old Town Tustin. Cameron Darby, attorney representing the owners of 250 E1 Camino Real, stated his delight in the continued growth in downtown Tustin; however, he stated his concerns regarding the original easement that was granted to 220 E1 Camino Real for parking. He provided copies of an amendment that was signed on July 30, 1986. As noted, the easement provides for 15 undesignated parking spaces. He stated his concerns about the adequacy of the existing parking. He further stated that he understood that there are future plans to expand the school to 120 students. He stated that this is beyond comprehension based on the available parking. He suggested that the vacant lot at 200 E1 Camino Real be considered for the additional parking needs of the students and/or patrons. He indicated that restriping of the parking lot would not be possible because the lot was designed to accommodate a certain amount of parking spaces and to simply restripe would not create more space. Commissioner Bone asked if the 59 parking spaces directly behind 200 and 220 were all shared spaces. Daniel Fox stated that to be correct and noted the applicant did not make staff aware of the 1986 amendment to the original parking easement. City records from 1978 indicate that there were 17 parking spaces allocated to this property. The agreement submitted to the Planning Commission this evening indicates there are 15 available spaces. The balance of the parking is located in the downtown area offsite or in lieu fees have been paid which are used toward the parking structure or some other form of on-street parking. Commissioner Bone asked if all the on-street parking would still be in place. Daniel Fox answered in the affirmative. Greq Bennett, architect representing the project, 12821 Newport Avenue, stated he had been involved in the downtown efforts and would like to clarify issues related to parking. He stated there are 15 recorded spaces in the easements and in-lieu spaces are available in the parking structure. Overall, 26 parking stalls are available. He stated the applicant misrepresented the employee count. There will actually be six teachers and one administrator, thereby reducing the parking count. He would like to limit the school capacity by dropping the student capacity slightly until additional parking or additional in lieu of fees can be paid. E1 Camino Real, Main, Third, and other streets in the area can provide for parking. The building at 250 E1 Camino Real is not fully leased and his building is not fully leased; therefore, the parking should be adequate. The frequency of parking is not very high and the employee count is very low. He pointed out that it is a big capital infusion to downtown and downtown is in great need of that infusion. A properly maintained building will benefit the community and the local neighborhood. He does not anticipate a parking problem and wants to be a good neighbor with adjacent property owners. Commissioner Bone asked if the teacher count was changed to six. Greq Bennett stated the teacher count was supposed to be six and he believes by reducing that teacher they can comply with the parking regulations without coming back before the Commission. Planning Commission Minutes November 12, 1996 Page 13 Commissioner Bone asked if there will be two administrators. Greq Bennett stated there will be one administrator. Commissioner Bone asked if the six teachers are handling ten students each. Greq Bennett stated there would be fewer students because there are a total of seven employees. Commissioner Bone asked the teacher student ratio requirement. Greq Bennett requested Daniel Fox's assistance with the student ratio. Daniel Fox stated the requirement for parking is one space for every eight students. Greq Bennett stated that occupancy would be reduced to 52 students, a combination of teachers, the other retailer up front, and one administrator. This combination brings the project into compliance with 26 required parking spaces. Commissioner Bone restated that there would be 48 students and six teachers. Greq Bennett stated there would be seven employees and 52 students. Lois Bobak indicated she felt that Chairman Bone and Mr. Bennett were referring to two different things. The Director stated the ratio is one parking space for each staff member and one loading space for each eight children. Commissioner Bone asked how many chairs were in the hair salon. The Director stated that use requires one space for every 200 square feet of gross floor area which is standard and does not vary depending on the number of chairs. Commissioner Vandaveer asked if staff was going to modify Condition 3.4 for the openings to the playground. The Director stated staff is not proposing to modify Condition 3.4. Commissioner Vandaveer asked about the entrances to the playground area. Greg Bennett stated that the properties become merged as one through an appropriate legal mechanism. The Director stated Condition 2.7 addresses this specific issue and requires a legally recordable document binding on both properties to hold them as one. If this use ceased, the openings at the property line would have to be reconstructed in compliance with the Building Code. Daniel Fox clarified Condition 2.3 and that the code requires permanent designated parking stalls for the loading and unloading. The condition could be modified so that the spaces could be posted for the peak hours only. Planning Commission Minutes November 12, 1996 Page 14 Lois Bobak stated the applicant would have to resolve the reciprocal easement agreement issues with the affected property owners. Cameron Darby stated 220 E1 Camino Real has a reciprocal easement to use 15 undesignated spaces and there should be no bearing on the capacity or occupancy ratios of the 250 E1 Camino Real property. Mr. Darby noted that his clients were not approached by the owners of 220 E1 Camino Real regarding designated spaces for loading and unloading of students. He stated the temporary loading and unloading designation exceeds the limits of the reciprocal easement. He would like a thorough investigation and study be done for the availability of parking for 220 E1 Camino Real to determine the feasibility of their proposal. Commissioner Bone stated there are fifteen spaces dedicated and eight of those fifteen would be affected. Commissioner Pontious inquired as to how the spaces are designated to each property. Cameron Darby stated the easement allows for fifteen undesignated spaces. If the all spaces are not available for parking, 250 E1 Camino Real would have insufficient parking to support the uses. Commissioner Pontious stated an amendment to the easement would be appropriate and a condition added so that if there is a problem, a study would be initiated. Lois Bobak stated the Tustin City Code requires that there be parking for loading and unloading for pre-schools. The City can not require that the adjacent property owner amend the reciprocal easement. If the adjacent property owner chooses not to do so, then the pre-school cannot satisfy the conditions of approval and the approval would become null and void. How they satisfy the code requirements is up to the property owners, not the Commission. Scott Sino, 115 E. Second Street, supported the idea of a pre- school going into downtown Tustin but indicated a concern related to on-street parking impacts and a possible expansion to 120 students. The Director indicated that Condition 2.2 effectively restricts the enrollment. Greq Bennett stated the school will comply with the 15 unrestricted parking spaces and will try to work with the adjacent neighbor. Commissioner Bone stated that the Planning Commission should address the eight unrestricted parking spaces. Lois Bobak stated that this issue must be resolved between the property owners. Greq Bennett stated that the Commission can waive the loading zone requirement. The Director stated this request would require a Variance and a public hearing. Greg Bennett agreed and will work with the adjacent property owner to come up with a mutually agreed upon striping/signage program that complies with the local ordinance. Planning Commission Minutes November 12, 1996 Page 15 Commissioner Pontious indicated the need to modify Condition 2.3 to seven spaces. Commissioner Bone asked if 52 students would be a profitable business for the applicant. Commissioner Pontious indicated that is not the Commission's concern. Nancy Feinstein stated that time was of the essence and hoped to have the school open on January 2nd with the opening of the school term. Commissioner Bone asked Cameron Darby if he could make any assurances regarding a resolution to the parking issues. Cameron Darby asked if the Commission was asking him to commit to a resolution on the record. He stated he approached the owners of 220 E1 Camino Real and tried to enter into a discussion with regards to the parking issue today and the explanation he received was that the applicant had represented that they met the parking requirements and did not understand what he was talking about. He was not here to squash or quelsh business in Tustin. But has an obligation to protect his client's property rights. Greq Bennett stated he appreciated the gesture and thought Mrs. Feinstein was approached and did not understand the nuances of what the other attorney was representing. He indicated the property owners could resolve the parking concerns. Commissioner Vandaveer stated that there was construction occurring on this project and asked if he was proceeding already. Greq Bennett stated they went to the City and obtained the necessary demolition permits. He stated that no work has begun at the location but plans will be submitted based on this approval. Commissioner Vandaveer stated that staff told him there were no demolition permits issued. Nancy Feinstein stated that on the direction of Mr. Bennett she went to the building department to request a demolition permit and was told that until the Conditional Use Permit was approved, she did not need a demolition permit. Anything done between now and then would be her own risk since the project could be turned down. She has done some construction because the area between retail and the nursery school required a special fire wall. There has been quite a bit of activity with lumber drops and activities of that nature. The Director clarified that demolition to the interior improvements requires a permit. Staff will send an inspector first thing in the morning. There are several conditions of approval on this conditional use permit that require building permits be approved and that various conditions be met before those permits can be issued. For example, Condition No. 2.7 would require the consolidation of the lots before building permits could be issued so it would be inappropriate at this point for the demolition to continue until those respective easements can be secured. Planning Commission Minutes November 12, 1996 Page 16 Greq Bennett stated no exterior work has been done to that location that would constitute anything related to the property lines or sawing of the block wall at the property line. What Nancy did was tear out the old tenant improvements. No major works of improvement besides painting and restoring the carpet, no tenant improvements have been started for the school in any way. Commissioner Bone asked what work had been done in the salon. Greq Bennett stated the salon tile floor was installed, the carpet replaced, and the building repainted. Commissioner Bone asked about the wall. Greg Bennett stated one of the walls on a property line separation between the occupancy had siding on it. He stated that it is possible that the work should have had a permit. It was replaced with chipboard and the siding was replaced. But that is not a work of substantial improvement. If the applicant forgot to get a permit for this improvement, she will get a permit. That is a wall that exists, it is not two by four construction that was built. This is a cosmetic wall that separates the future school and the existing retailer up front. Commissioner Bone asked if the wall was removed. Greq Bennett stated the wall was not removed. The Director indicated that staff needs to take a look at the improvements. The Uniform Building Code is clear as to when a permit is required. Greq Bennett stated he thinks the wall potentially needed a permit but was not sure the demolition needed a permit. He thought the applicant made an effort to go to city hall, and thought there was a miscommunication. Nancy Feinstein stated she did not know that the special fire wall was required until she received the City's recommendations on the CUP and the salon was opening within two days. They photographed the work in case there was any question on the nailing. Commissioner Bone recommended that the owner go to city staff tomorrow morning and introduce herself and staff would be more than happy to walk her through the process. Nancy Feinstein stated staff has been very good with her and she has no complaints. Commissioner Vandaveer stated the only problems he had related to the parking and noise impacts, but supported the school use in the downtown area. Commissioner Pontious stated she is the Chairperson of the Business Attraction Committee. They have looked at the Old Town area and she thinks this would be a positive improvement of not only the vacant lot but the traffic that it would bring in. People would be going by the downtown businesses and hopefully stopping and using the services. Commissioner Bone agreed with the other Commissioners. Planning Commission Minutes November 12, 1996 Page 17 Commissioner Pontious indicated that the City Council has had problems with keeping that lot clean so the improvements will be an asset. Commissioner Kozak agreed with the other Commissioners and indicated Edgewood School has an excellent reputation. He encouraged the property owners to work out the parking problems. Commissioner Vandaveer moved, Kozak seconded, to approve Conditional Use Permit 96-034 and Design Review 96-048 by adopting Resolution No. 3500 revised as follows: Exhibit A, Page 2, Condition 2.2 third line down references "Seventeen (17) of those spaces are located in the adjacent parking area." Seventeen should be changed to fifteen. Condition 2.3 revised to read: "A minimum of one space in the parking lot adjacent to the site for every eight students shall be marked as restricted for students loading and unloading only during peak period hours. Said spaces may be used for parking during non- peak periods." The last sentence would remain the same. Condition 2.4 revised to read "If in the future the City is advised that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the pre-school, the Director of Community Development may require the applicant to prepare a parking demand analysis, traffic study, or noise analysis. If said study indicates there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures." The remainder of the condition would remain as stated. Motion carried 5-0. 8. Comprehensive Revisions To The City's Subdivision Cod~ APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92680 CITYWIDE CITYWIDE THE PROJECT IS REGULATORY IN NATURE, THEREFORE, IT HAS BEEN DETERMINED THAT THIS PROJECT WOULD NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND A NEGATIVE DECLARATION HAS BEEN PREPARED. WHEN INDIVIDUAL APPLICATIONS ARE SUBMITTED FOR CONSIDERATION, INDEPENDENT ENVIRONMENTAL REVIEW WILL OCCUR. COMPREHENSIVE REVISIONS TO THE CITY'S SUBDIVISION CODE (TCC 9310 ET.SEQ.) TO IMPLEMENT THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA RELATED TO THE DIVISION OF LAND WITHIN OR PARTIALLY WITHIN THE CITY. Recommendation - That the Planning Commission: Adopt Resolution No. 3501 approving the environmental determination for the project; and, Adopt Resolution No. 3502 recommending that the City Council approve comprehensive revisions to Article 9, Chapter 3, Subdivisions. The Public Hearing opened at 9:45 p.m. Planning Commission Minutes November 12, 1996 Page 18 Presentation: Daniel Fox, Senior Planner The Public Hearing closed at 9:50 p.m. Commissioner Vandaveer moved, Pontious seconded, to continue the item to the November 25, 1996 meeting. Motion carried 5-0. REGULAR BUSINESS: No Regular Business STAFF CONCERNS: No Staff Concerns COMMISSION CONCERNS: Commissioner Mitzman - Noted that construction had begun on the high school site. Commissioner Kozak Indicated that vehicles for sale are being parked on Holt Avenue. The Director indicated that the city code would need to be amended to be more aggressive in handling these violations. - Inquired what the next step is after an individual is given a final notice. The Director indicated that the matter is then forwarded to the City Attorney for appropriate legal action. - Indicated that when traffic backs up on Newport Avenue at Holt Avenue vehicles waiting to make a left turn are very close to the intersection. He indicated that perhaps a left turn lane would be helpful. The Traffic Engineer indicated that Engineering would follow- up on his suggestion. Commissioner Vandaveer - Asked if staff could show the 300 foot radius on location maps that are given to the Commission. The Director indicated that, in the future, staff would make every effort to show the 300 foot radius on location maps. Commissioner Bone - Inquired about the hours and days the Tustin Sports Park was open. The Director indicated that staff would follow-up on his request. Planning Commission Minutes November 12, 1996 Page 19 Noted that he was receiving complaints from the Chamber of Commerce regarding homeless people sleeping on bus benches which prevents individuals from using the benches. The Director indicated that staff would follow-up on his complaint. Inquired about the status of Home Depot's outside storage. Staff indicated that the City was currently going to be receiving plans from Home Depot on their proposal. Staff expects that the item will come before the Commission at their first meeting in December. Report on Actions taken at the November 4, 1996 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director AD JOURB74E~: Commissioner Vandaveer moved, Pontious seconded, to adjourn the meeting at 10:03 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on November 25, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. LOU BONE Chairman KATHY MARTIN ~ Recording Secretary