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HomeMy WebLinkAboutPC Minutes 01-23-95 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 23, 1995 CALL TO ORDER: 7:01 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Lunn, Mitzman and Weil PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. 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 January 9, 1995 Planning Commission Meetinq. Commissioner Well moved, Kasalek seconded to approve the consent calendar. Motion carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. Ti- "T .... I Planning Commission Action Agenda January 23, 1995 Page 2 Conditional Use Permit 94-023 and Design Review 94-030 APPLICANT: AGENT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MC DONALD'S CORPORATION 17901 VON KARMAN #303 IRVINE, CA. 92714 GOVERNMENT SOLUTIONS 2809 BROAD STREET NEWPORT BEACH, CA 92663 THE IRVINE COMPANY P.O. BOX I NEWPORT BEACH, CA 92658 SOUTHEAST CORNER OF TUSTIN RANCH ROAD/BRYAN AVENUE (LOT 1 OF TRACT 14610) MIXED USE, LAND USE DESIGNATION EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. APPROVAL OF THE ARCHITECTURAL DESIGN OF A FAST-FOOD RESTAURANT WITH DRIVE-THRU SERVICE Recommendation - It is recommended that the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3328; and Approve Conditional Use Permit 94-023 and Design Review 94-030 by adopting Resolution No. 3329, as submitted or revised. Presentation: Sara J. Pashalides, Associate Planner The Public Hearing opened at 7:15 p.m. Howard Burns, San Diego region representative of McDonalds, introduced himself and the other members of his group. Concerning the hours of operation, he asked that if a competitor were allowed into that area that they be allowed to return to the Commission to amend their hours of operation to match the competitors, otherwise they are in agreement with the all of the conditions. He stated that he had meetings with three of the Homeowners Associations surrounding the site, there had been light attendance but he had received no calls with additional questions. He sta~ed that they cater to kids and families and since he is the person responsible for site selection he chose this site because it was nicely contained with plenty of room which would be safer for the children. James H. Frisbie, franchise owner operator, stated he has been a McDonalds operator for 27 years. His business is a family partnership with his children who have made this their career. They have one store on First Street and look forward to operating a second store in Tustin. Pamela Gelband, 13515 Holly Drive, Tustin, stated she was a resident of Sycamore Glen the Association directly across the street from the McDonalds proposed location. She is concerned that none of the Planning Commissioners had any questions. She stated that no one told them that McDonalds was to make a presentation at their Homeowners Association and out of 248 home owners only two had attended the meeting. She feels that if McDonalds was so concerned they should have made sure that home owners were contacted other than the obligatory notification in the mail. She is concerned with the closeness of McDonalds to the homes across the street, with odors, noise in the playground, lights and general disregard of consideration to those residents. She does not like Planning Commission Action Agenda January 23, 1995 Page 3 the "barn with a silo construction" design and the vehicle lights that may escape the barrier. She is also concerned with the impact to her property value. Jane Anderson, 2473 Via Corrella, President of Sevilla Homeowners Association, stated that McDonalds did meet with them. She wanted some adjustments made concerning the hours of speaker use at the ordering windows when employees would not be in attendance such as 6:00 a.m. and after a certain time in the evening. She was concerned about the landscape screening and maintenance since the homeowners in her association all have good views of the site. She requested restricted hours on the use of the trash compactor. Shari Sluder, 13522 Pecan Lane. Stated that she has been a Tustin resident for 20 years, secure in the knowledge that the City would protect her quality of life and home until now. She is not happy with the McDonalds location since her home is only a few feet away from the proposed site. She is concerned about the traffic and noise and requests some kind of consideration for those living along Tustin Ranch Road. She stated that when she goes through Jack-In-The-Box they provide her with a milk bone for her dog and noted that McDonalds might consider this. Wes Vaughan, 2400 Calle Alcorisa, on the Board of the Sevilla Homeowners Association, attended the meeting with McDonalds. He shares all the concerns of the previous speakers. He feels that the appropriate type of vehicle light screening should be a berm, and that 3.5 foot barrier is not high enough to shield a residential area from vehicle headlights. Cole Othmer, 13512 Pecan Lane, Sycamore Glen Development, asked the Commission to take the considerations of the people over those of McDonalds for he believes it not so much a family oriented matter as it is a question of profit. His house is for sale, it faces the corner of Bryan and Tustin Ranch Road and he feels he will be taking a property loss because of this. He feels the City Ordinance does not permit retail hours after 10:00 p.m. He stated that he has complained about K-Mart numerous times because of their early morning equipment use and now he fears he will hear all the noises from McDonalds too. Staff clarified for the Commission that there was no limitation on the hours of retail operation in the City of Tustin. Cole Othmer, asked what the Noise Ordinance applied to. Staff stated the Noise Ordinance established certain decibel levels from a variety of noise sources that can and cannot occur between certain time periods and those are also broken down for noise generated for residential land uses and those generated on commercial properties. Generally there is a decrease in the decibels that can occur on a commercial property after 10:00 p.m. A drive-thru operation with a speaker system would be measured at a different criteria between 10:00 and 11:00 p.m. than it would up to that time. Cole Othmer, asked the Commission if they had ever heard a Harley Davidson with no mufflers and that certainly this would be over the decibel level. He feels it is ridiculous to mix residential and commercial uses. Martin Gelband, 13515 Holly Drive, former President of the Sycamore Glen Association. Stated that from his home he can clearly hear pages from the Auto Center and Home Depot and that the Noise Ordinance is not enforced. He feels it would be naive to say that there would be no noise generated from a McDonalds the size of the one on First Street with an even larger play area. He suggested that home owners should have been surveyed before the recommendation to approve this project. He feels that the City has too many fast food restaurants now. He stated that there was a high instance of traffic accidents on that corner and this project Planning Commission Action Agenda January 23, 1995 Page 4 will not help the situation. He feels that the presentation given to the Homeowner Associations by McDonalds was not as well done as the large presentation with all of the groups present given by K- Mart when that project was considered and where there was also a representative from the City in attendance. Catherine J. Malley, 2186 Aspen Street, resident of Sycamore Glen. Concern about the type of patron that frequents fast food restaurants. She stated that she personally drove through the Tustin Market Place on several weekend nights between 9:00 and 10:00 p.m. observing the activity at the various fast food restaurants and was alarmed at the crowd of unsupervised teenagers. She feels that people who frequent the K-Mart location do not fit the profile of residents of Tustin Ranch. She feels that an unwanted element would be attracted to her area by this McDonalds being open in the evening and asked if McDonalds had any policy on restaurant supervision when there is a teenage presence in the evening hours. Lou Escobar, 13606 Evergreen Way, resident of Sycamore Glen, shares the concerns of the previous speakers but also is concerned about the trash and traffic situations. He referred to a fatal accident last October where the street was closed for seven hours. He is aware of trash from all the fast food facilities and feels there will be more traffic congestion created. He feels McDonalds should use the vacant pad at the Tustin Market Place and suggested that the reason they did not choose that location was that there was too much competition. William Stracker, 13062 Cortina, stated that he was not against McDonalds but that in regard to the Tustin Specific Plan he thought that this area was to be used for a sit-down style restaurant. He does not think the rocket silos are appropriate to the K-Mart area. He feels that the vehicle headlight glare could be very dangerous from the drive-thru area when they focus down east bound Bryan. He feels that a wall should be on top of a berm from a trash and safety aspect. He is concerned with the noise that could be generated. Tom McClain, 13082 Cortina, president of the Almeria Homeowners Association, stated that they were not notified. He wanted to voice his personal objection to the project. He feels the staff report justifies the Conditional Use Permit and would prefer to see a sit-down type restaurant on this site as opposed to another fast food restaurant. Pamela Gelband, was impressed with the turn out from the residents this evening. She stated that when the officials were elected to the City of Tustin they promised better than this and if the elected officials cannot serve the City as promised than at the next election the residents will just have to get someone who will. Howard Burns, addressed some of the issues previously discussed. With regard to the Almeria Homeowners Association not being notified, he stated that the requirement was to notify property owners within 300 feet of the project and that they tried to go to every homeowners group and that everyone in Sycamore Glen was notified. They did meet with the homeowners and as for a large presentation, they were not a K-Mart. He stated that the towers were under the height requirement. Regarding the traffic situation, he stated that it will not be made better by McDonalds presence, however, the Specific Plan allows for a 12,000 square foot building and they are only taking up 2,871 square feet. He feels that a sit-down style restaurant would bring in even more traffic, odors and other issues. He stated that the center is currently maintained by the Irvine Company. The loudspeaker system in their service format is not being used at all. He agrees with the conditions on the hours of operation. As for the berm as opposed to the wall, he stated that McDonalds would prefer the berm but there is not enough land area to get the berm high enough. The wall is 3.5 feet high measured from the inside so that on the outside it Planning Commission Action Agenda January 23, 1995 Page 5 '.~i is somewhat higher to make sure that headlights on an average car or truck would not escape. He stated that if staff would like to put a condition on the trash compactor they are willing to cooperate with that. As for the issue of teenagers, he feels that McDonalds should not be judged by how other fast food firms run their operation but on how they runs theirs. Commissioner Mitzman asked if McDonalds would take a second look at moving to another pad in this project. Howard Burns, appreciates the request and stated that initially they did try to purchase the pad between the two driveways but their operation does not fit that pad. He stated it would have been cheaper to use the other pad but that parking is maxed out per the Specific Plan at this pad and he does not want to spend the money to amend the EIR. He further noted that in his review of it the Specific Plan does not state as to what particular use was anticipated other than that the pads were all parked for retail uses. Staff stated that Mr. Burns is referring to the concept plan for this shopping center not the Specific Plan. The applicant at the time assumed certain square footages on the pads and the basic parking and buildout was assumed to be retail from a planning perspective at that time. Through the approval process the Irvine Company represented to many of the Homeowners Associations, the Planning Commission and City Council that they felt a sit-down type restaurant would be a good use for the pad but there were no limitations put on the proposal. The ETSP identifies a whole laundry list of permitted uses both outright and by conditional use permit. The parking in the ground now is all needed to satisfy the requirements of the existing Costco and K-Mart developments. The pads were designed that the pads plus the parking would be needed to make the center whole; one way to make the situation work is to build less to meet the parking requirement. Commissioner Mitzman asked if lot lines couldn't be moved around. Staff stated this was a possibility but would have to be applied for by the property owner. Howard Burns stated that K-Mart and Costco owned their own pieces of property and that just to find the right person to talk to would be easier said than done. Commissioner Kasalek asked that aside from what K-Mart and Costco owned was there space available to adjust the lot lines. Staff reviewed the concept plan in the staff report stating that to accommodate the drive-thru on pad A, the project had to be moved to the corner. Commissioner Weil asked Mr. Burns if the illuminated sign could be turned off at closing time instead of one half hour after closing. Howard Burns agreed to turn off the sign at closing. The Public Hearing closed at 8:17 p.m. Commissioner Mitzman stated he was the only Tustin Ranch resident on the Planning Commission. He feels there are enough fast food restaurants within the Tustin Market Place and if there was to be another one this is not the location for it. His opinion is that it is way too close to a residential area. He stated that he has talked to many friends and neighbors and the majority of those he spoke to did not want this. He feels that if this was approved it would be a major dis-service to Tustin Ranch. If the City must wait for a better use for this pad he thinks it should. Planning Commission Action Agenda January 23, 1995 Page 6 Commissioner Weil stated that all of the permits require that the landscaping be maintained in a healthy manner and asked what the problem was that caused the dead palm trees by K-Mart. Staff stated that there were quite a lot of problems with the palm trees in that center because of over watering and K-Mart is having a problem with the original landscaper. It is staffs understanding that K-Mart, Costco and the Irvine Company are currently trying to settle who will pay for the replacement. Code enforcement has been active and it is being tracked. The Irvine Company has asked for a grace period of two weeks since they are working with K-Mart on this problem. Commissioner Weil asked if construction would be allowed on weekends to construct this McDonalds. Staff stated that currently it was the Building Official's position not to authorize Saturday work. Commissioner Weil asked to have some restriction on the hours for the use of the trash compactor. She stated that this piece of land has always been zoned commercial and if one purchases a house across from it this matter should have been considered. As for the traffic, she feels this is the cleanest on site traffic circulation she has seen in a long time and can't see that it will appreciably increase the traffic on Bryan and Tustin Ranch Road. She would like to see the illumination of the signs turned off at closing. She feels that each restaurant has its own personality and a sit- down style restaurant would not guarantee the element of people that the residents are looking for. She feels that Mr. Frisbie runs a good operation and she thinks confidence should be given to him. Commissioner Kasalek is concerned about adding to the noise problem with this project but feels that this is a better use than some. Commissioner Lunn asked if there were any complaints with the McDonalds operation on First Street. The Public Hearing was re-opened at 8:35 p.m. James H. Frisbie stated that the hours of operation of the store on First Street were identical to this project. He shares the concern about a loudspeaker system but at the First Street store there is an apartment building directly behind the store and there has never been a complaint. The Auto Center and Home Depot loud speakers were designed to project as far as they can for paging but that their drive-thru speakers are only designed for a 6-8 foot range and even if they were used they would be aimed at Costco. Cole Othmer, stated that he was not concerned with noise from the employees at McDonalds but with the crowd which would come to the facility. When Costco is closed, McDonalds will be open to 11:00 p.m. and people who purchase food can make any kind of noise in the parking lot which McDonalds could not police. Martin Gelband suggested that the corner opposite Boston Chicken in the new shopping center on Jamboree and Irvine Boulevard would be a perfect place for this McDonalds. As far as purchasing his home across from a commercial center, he feels that an auto use or laundromat is a lot better than a fast food restaurant. Pamela Gelband stated that in listening to the questions from the Commission she hears only one, Mr. Mitzman, who is sympathetic to their concerns. She asked how the residents could feel comfortable that this project will be managed when the noise and landscaping problems go on constantly at K-Mart and Costco. She does not feel that turning the lights off at midnight is going to help. As far as not having any complaints on the First Street operation~ she Planning Commission Action Agenda January 23, 1995 Page 7 asked how does she know that the complaints are being taken care of. Jennifer Short, 24104 Via Corella, Sevilla Town Homes, stated she had come as a spectator because of the notice she received but now feels she must speak up. She does not feel that this type of operation will enhance the neighborhood; that she moved to this area because it was a classy area. She feels that to equate the McDonalds on First Street is ridiculous since the people behind that store are tenants and can move while she is a homeowner paying high property taxes. Jane Anderson stated that when she purchased her home in Sevilla the developer said a hotel and possibly some shops would go into that area but not fast food restaurants, Costco or K-Mart. The Public Hearing closed at 8:50 p.m. Commissioner Baker stated his primary concern was noise and the loudspeaker. He feels the landscaping should mitigate the K-Mart situation and asked staff if a wall 3.5 feet tall would block the headlights of 99% of the vehicles that will go through the drive- thru. He asked what could be done to assure neighbors that conditions will be adhered to if this project were approved. Staff stated "yes", the vehicle lights will be blocked. One condition relocates the pedestrian access through the wall area to cut off the angle so that the vehicle is already turned facing K- Mart before it gets to that opening. City Council is currently looking at the Noise Ordinance and will be making revisions to allow the Police Department, Building Official and Code Enforcement more authority to enforce the Ordinance where appropriate. Commissioner Kasalek asked about the illumination as compared to K- Mart Staff stated that the sign size is significantly smaller. One option would be to require an opaque background on the red so the yellow arches just appear to be illuminated. Commissioner Mitzman believes the Commission is missing the point. Tustin Ranch residents are clearly speaking out and do not want this McDonalds in their back yard. Commissioner Kasalek stated that she feels she is listening to the residents and has some genuine concerns and at this point is not prepared to approve the project as it is. Commissioner Lunn believes that McDonalds is a good neighbor, that some commercial use will be put on that pad and the residents could do a lot worse. She asked if there was a way to police the problem of teenagers hanging around and making un-necessary noise with radios etc. Staff stated that "No Loitering" signs could be posted in order to allow the Police Department to enforce the provisions of the code if there was a problem. In order for the Police to remove anyone from the property is must be properly posted. Commissioner Weil agrees with Commissioner Lunn and feels that this project is a good one and the request can be supported by the conditions in the staff report. Planning Commission Action Agenda January 23, 1995 Page 8 Commissioner Well moved, Lunn seconded, to approve the Environmental Determination for the project by adopting Resolution NO. 3328 as submitted. Motion carried 3-2. Commissioners Kasalek and Mitzman opposed. Commissioner Well moved, Lunn seconded, to approve Conditional Use Permit 94-023 and Design Review 94-030 by adopting Resolution No. 3329 revised as follows: Exhibit A, page 3, Add Condition 3.3 to read, "The use of the trash compactor shall be limited to those hours between 8:00 a.m. to 9:00 p.m.". Add Condition 3.4 to read, "No Loitering signs shall be installed on the subject property with details and locations of said signs to be approved by the Community Development Department prior to issuance of building permits". Exhibit A, page 9, Condition 7.5 shall be revised to read, "All exterior illuminated signs shall be installed on a timer so that the illumination is turned off at the closing of the establishment". Add Condition 7.6 to read, "The sign copy on the proposed tower signs shall have an opaque background, except for the "M" logo". Motion carried 3-2. Commissioners Kasalek and Mitzman opposed. 3. Code Amendment 95-001 APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 CENTENNIAL WAY TUSTIN, CA 92680 CITYWIDE CITYWIDE IT HAS BEEN DETERMINED THAT THIS PROJECT WOULD NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND A NEGATIVE DECLARATION HAS BEEN PREPARED. AN AMENDMENT TO THE TUSTIN ZONING CODE TO ADD PROVISIONS RELATED TO REAPPLICATION OF DISCRETIONARY LAND USE APPROVALS AND REQUESTS FOR MODIFICATION OF CONDITIONS OF APPROVAL. Recommendation - It is recommended that the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3326; and Recommend to the City Council approval of Code Amendment 95- 001 by adopting Resolution No. 3327, as submitted or revised. Presentation: Daniel Fox, Senior Planner Commissioner Mitzman feels that a one year time period is too long to reapply and asked what the point of one year was. He would like to see it to be six months since Tustin has a reputation for being business friendly. Lois Bobak, Deputy City Attorney, stated that it was a fairly standard period of time in other City Codes. Staff invests so much time in reviewing a project, preparing a staff report and making recommendations that to require them to do that on anything less than an annual basis would not be feasible. The proposal does not state that an application cannot be resubmitted for the property, just not the very same application. Commissioner Kasalek moved, Well seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3326 as submitted. Motion carried 5-0. Commissioner Kasalek moved, Well seconded, to recommend to the City Council approval of Code Amendment 95-001 by adopting Resolution No. 3327 as submitted. Motion carried 5-0. Planning Commission Action Agenda January 23, 1995 Page 9 : ® Amendment to Vesting Tentative Tract Map 14188 and Design Review 94-033 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STANDARD PACIFIC 1565 W. MacARTHUR BLVD. COSTA MESA, CA 92626 ATTN: PEGGY ROBERTS TRACT 14188, WEST SIDE RAWLINGS WAY PLANNED COMMUNITY RESIDENTIAL - (LOW RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN OF TOWNSHIP 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 THREE ADDITIONAL PRODUCTION UNITS TO THE BUILDOUT OF THE EXISTING RESIDENTIAL DEVELOPMENT Recommendation -It is recommended that the Planning Commission take the following actions: Approve Design Review 94-033 by adopting Resolution No. 3324, as submitted or revised; and Recommend to the City Council approval of Amendment to Vesting Tentative Tract Map 14188 by adopting Resolution No. 3325, as submitted or revised. Presentation: Daniel Fox, Senior Planner Staff recommended continuing this item to the next meeting in order to further investigate design options to accommodate the closure of Lampert and to allow the City Attorney's office to further input on the CC&R' issues and questions raised by some of the homeowners at the last meeting. Commissioner Mitzman asked if the applicant and homeowner group were aware of the additional continuation and were they in concurrence with it. Staff stated that the residents were provided with a letter and have met with Standard Pacific prior to this meeting. The Public Hearing opened at 9:23 p.m. David Foell, representative of Standard Pacific, stated they had been informed that it was staffs opinion that this item should be continued and they were in agreement. He stated that they are currently involved in building a consensus with the homeowners to address the concerns. John Cochrane, 2415 Kiser, representing San Rafael, stated that the statements made by the representative of Standard Pacific were accurate and that they are working to present two proposals to the Commission for consideration. The Public Hearing closed at 9:26 p.m. Commissioner Mitzman moved, Well seconded, to continue this item to the next regularly scheduled meeting of February 13, 1995. Motion carried 5-0. REGULAR BUSINESS: 5. Use Interpretation 95-001 APPLICANT: LOCATION: THE BASEBALL ACADEMY 20 SANDSTONE IRVINE, CA 92714 632 EL CAMINO REAL, SUITE C Planning Commission Action Agenda January 23, 1995 Page 10 ZONING: ENVIRONMENTAL STATUS: REQUEST: CENTRAL COMMERCIAL (C-2P) DISTRICT THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO DETERMINE THAT A BASEBALL ACADEMY FOR HITTING INSTRUCTION IS AN OUTRIGHT PERMITTED USE WITHIN THE CENTRAL COMMERCIAL (C-2P) DISTRICT Recommendation -It is recommended that the Planning Commission determine by Minute Motion that a baseball academy for hitting instruction is an outright permitted use within the Central Commercial (C-2) District. Presentation: Daniel Fox, Senior Planner Commissioner Weil asked if it were an indoor facility. Staff stated "yes". Ira Green, the applicant, stated that he has been a baseball coach for many years and currently coaches at Tustin High School. He noted that this will be the only baseball teaching facility in Tustin. Commissioner Baker asked how he planned to operate. Ira Green stated he will be working with small groups, one instructor for every four students, using video tape capabilities, hand operated pitching machines and two batting cages. Commissioner Kasalek moved, Well seconded, to determine by Minute Motion that a baseball academy for hitting instruction is an outright permitted use within the Central Commercial (C-Z) District. Motion carried 5-0. 6. Status Reports Recommendation - Receive and file. Commissioner Well moved, Kasalek seconded, to receive and file these reports. Motion carried 5-0. STAFF CONCERNS: 7. Report on Actions taken at January 16, 1995 City Council Meetinq Staff reported on the subject agenda. COMMISSION CONCERNS: Commissioner Kasalek Questioned the wording in the Zoning Code which states that bowling alley use in the C-2 District is listed as an outright permitted use and also required to have a Conditional Use Permit. Staff stated there was an error in the Code. It should state Conditional Use Permit since the other commercial districts identify this as a conditionally permitted use. All the use determinations made over the years will be identified in the upgraded Zoning Code. Planning Commission Action Agenda January 23, 1995 Page 11 Commissioner Mitzman Asked if the City had an Ordinance to prohibit people from removing trash from the trash cans in residential neighborhoods and if so, how was it enforced. Staff stated that it is mentioned in the Code and also in the City's agreement with Great Western, the City trash hauler. The trash is the property of the trash hauler but it was difficult to enforce unauthorized removal. Information on enforcement would be provided to the Commission at next meeting at the request of Commissioner Mitzman. Commissioner Lunn Thanked Doug Anderson, City Traffic Engineer, for help with the lights and the freeway fence problem which had been a concern of hers. Noted that the Cosmopolitan was coming down and asked if there was a projected date for completion of the project. Staff stated that the rough grade plans were in plan check now. The project has changed ownership and is now being completed by Shea Homes. Rick Zimmer, Redevelopment Program Manager, is currently working with Shea Homes on a development agreement for the project. Asked if any tapes would be available from the Planners Institute Conference. Staff noted that the Commissioners were always welcome to use the materials in the Community Development Department library and that a list of past Planning Institute tapes would be made available as well as obtaining the current series of available tapes from the upcoming Planning Institute program. Commissioner Weil Thanked staff for the new City telephone directory and asked for a further explanation of the League of Cities Annual Planners Institute. Staff gave a summary of what the Annual Institute program would cover this year. Commissioner Baker Attended a small business workshop at the Irvine Chamber of Commerce on Business Retention and Attraction given by State level representatives, which he found very interesting. Another workshop will be held in Brea in a few days and he has asked the Tustin Chamber of Commerce to attend. Dave Gottlieb of the Tustin Redevelopment Staff, has obtained a manual containing lists of public agencies. Planning Commission Action Agenda January 23, 1995 Page 12 ADJOURNMENT: Commissioner Lunn moved, Well seconded, to adjourn the meeting at 9:48 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on February 13, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Recording Secretary Chairperson