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HomeMy WebLinkAboutPC Minutes 11-12-91MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 12, 1991 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGI]~NCE/INVOCATION ROLL CALL= Present: Baker, Le Jeune, Kasparian, Kasalek 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. 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, 1991 Planning Commission meeting. Commissioner Le Jeune moved, Kasalek seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Variance 91-15 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MURPHY ARCHITECTS 3700 SOUTH SUSAN #200 SANTA ANA, CA 92704 BILL AND BARBARA MATHIS 1652 BROWNING IRVINE, CA 92714 1471 NISSON ROAD C-1 (RETAIL COMMERCIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST FOR VARIANCE FROM THE CITY'S PARKING STANDARD TO ALLOW A REDUCTION FROM 34 REQUIRED SPACES TO 23 SPACES Recommendation - Pleasure of the Planning Commission. I I[ II Planning Commission Minutes November 12, 1991 Page 2 Presentation: Becky Stone, Assistant Planner Commissioner Kasparian asked if the phone company was concerned about the manhole cover on Nisson Street by the driveway. Staff replied that it was an existing manhole cover in front of an existing driveway. Commissioner Kasparian asked if staff intended to indicate that parking at furniture stores is less than other stores as noted in Item 3 of Resolution No. 2794. The Director replied that demand analysis prepared by the Traffic Engineer's Institute has generally determined that the parking demand is generally less at large furniture stores than at normal retail uses. Commissioner Le Jeune asked how many employee spaces were allocated; and suggested that the parking be angled the other way to encourage use of the other driveway. Staff replied that spaces 4-8 are for employees and are parallel to the store, but angled to the street; and that it may not be possible to reangle them due to the parking layout. Commissioner Kasparian asked if a right-turn only sign was proposed. Staff replied that no signs were recommended. The Director responded that the risks were identified, but the conditions were not explored. Commissioner Weil asked how high the chain link fence was that was indicated on the site plan. Staff replied that it was a Caltrans fence approximately five (5) feet high. The Public Hearing was opened at 7:15 p.m. Mr. Mark Murphy, Murphy Architects, stated that the drive approach was reduced to 27 feet; that they created a patio area rather than landscape with a raised area, rolled curb and decorative paving. He also stated that they tried to make the parking along Nisson available from either driveway; and asked for direction regarding Item 2.15. The Director replied that the variance runs with the land. Commissioner Kasalek asked where employees presently park. Mr. Murphy replied that they park in the general parking lot. The Public Hearing was closed at 7:21 p.m. Commissioner Le Jeune noted that the parking lot is higher than the sidewalk along Red Hill. Staff replied that the applicant proposed to landscape the sloped area; and that Caltrans will maintain the area where the chain link fence is located. Planning Commission Minutes November 12, 1991 Page 3 Commissioner Weil stated that the patio is very attractive; that she agrees with staff regarding parking stalls #4-8 since it would be more difficult to enter the spaces at the current angle rather than a 90 degree angle. Commissioner Baker received a consensus from the Commission regarding 90 degree stalls. Commissioner Kasparian suggested that the stalls be drawn 90 degrees to the building. Commissioner Le Jeune asked if it was illegal to make a left-hand turn onto Nisson form the easterly driveway. Staff replied negatively. Commissioner Baker received a consensus from the Commission for the addition of a right-turn only sign at the easterly driveway. The Director provided language for the installation of a right-turn only sign, as moved, subject to approval of the Traffic Department. Commissioner Kasalek appreciated the efforts by the architect regarding the employee parking; but noted that they do not just come in the morning and leave in the evening; that it is still dangerous and that she would like to see less spaces. The Director responded that if the Commission decided to eliminate any employee parking, the item would have to be renoticed. Commissioner Kasparian suggested the employee area have perpendicular 90 degree spaces one and one-half times as wide as normal for ease in backing. The Director replied that even with the wider spaces, it would not meet the City standards for backing up, and could be a liability to the building; and that the revised proposal was not the optimum solution, but given the limitations, staff feels confident with the layout. Co~missioner Le Jeune moved, Kaspar~an seconded to approve Resolution No. 2974, to allow a variance from the City's parking requirement, permitting a reduction from 34 spaces to 23 spaces at the furniture store located at 1741 Nisson Road. Motion carried 5- 3. Re-hearinq for Conditional Use Permit 91-16 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: OKA-PROTHERO, ARCHITECTS 1920 E. KATELLA AVENUE, SUITE S ORANGE, CA 92667 WALLACE ENDERLE TRUST 14032 ENDERLE CENTER DRIVE, 3110 TUSTIN, CA 92680 14082 ENDERLE CENTER DRIVE PLANNED COMMUNITY - COMMERCIAL (PC-C) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND CUP 74-9 TO ALLOW THE DEVELOPMENT OF A PARKING LOT ON THE NORTHEAST CORNER OF ENDERLE Planning Commission Minutes November 12, 1991 Page 4 CENTER AND VANDENBERG LANE WHERE ANOFFICE BUILDING WAS PREVIOUSLY PROPOSED Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-16 by adopting Resolution No. 2978 as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Kasparian asked if the length of the parking space was 17 feet 6 inches. Staff replied that the spaces were a standard 20 foot long, with a 2 foot 6 inch overhang. The Public Hearing was opened at 7:38 p.m. Walt Boule, President Park Tustin Homeowners Association, provided a photographic illustration of Vandenberg Lane, Enderle Center Lane and the intersection of both, noting that Vandenberg has a blind S- curve and is only a two-lane road, whereas, Enderle is a four-lane road; stated that the driveway be moved to Enderle Center with a right-turn only sign. The Director suggested Mr. Boule state his support for one of the options. Mr. Boule supported the option with the gate which would be closed at 10:00 p.m. Craig Oka, Architects Design Consortium, stated that a letter in the Commissioners' package indicated that the shops close at 6:00 p.m., except for two weeks at Christmas time; that the parking lot was mainly intended for employees at lunchtime to free up center parking. He also stated that Vandenberg is an appropriate location for the exit; that moving it to Enderle Center would not necessarily mitigate the noise; and that the signal at Yorba and Vandenberg will increase traffic. He continued with his opinion of the five options: 1) they support; 2) do not object to, but would not make much difference in noise level; 3) owner feels this is an acceptable alternative; 4) the owner feels that there will be increased costs of the gate and maintenance; 5) they oppose this option and agree with staff that this will severely impact the office building; He also noted that the reconfiguration adds to the cost of the project; and asked for a clarification of Items 2.1 and 2.6. Barbara Brumann, 17532 Via Calina, Tustin, stated that the two proposed restaurants will draw more traffic; that there is a significant amount of children using Vandenberg; that there would be better visibility exiting onto Enderle Center; that there is no parking allowed on Enderle Center; and asked the Commission's reconsideration of the matter for safety's sake. The Public Hearing was closed at 7:56 p.m. Commissioner Weil read a letter from C. R. Thompson into the minutes which clarified the owners' intentions. Commissioner Le Jeune asked the objection to placing the driveway onto Enderle Center Drive. Sandra Doubleday, consultant with BSI, the City's Traffic consultant, stated that they are concerned with the potential Planning Commission Minutes November 12, 1991 Page 5 conflict of putting the driveways too close together where the left-turns could be conflicting; that the Vandenberg driveway location is not adjacent to another driveway. Commissioner Baker asked about the potential blind corner. Ms. Doubleday replied that there would be better visibility from the parking lot side of the street and that there is sufficient sight distance. Commissioner Le Jeune asked where the next driveway was located on Enderle Center Drive; and noted that the one across the street was about 200 feet away. Ms. Doubleday affirmed that it was about 150 feet away, but stated that there is still a conflict. Commissioner Kasalek, referring to the staff report, asked about the amount of accidents on Enderle Center Drive. Ms. Doubleday replied that there was not an accident problem on Enderle Center Drive or Vandenberg. The Director stated that the Community Development Department editorialized information provided by Public Works. Commissioner Kasparian stated that he frequently drives along Vandenberg Lane; that nobody in the apartments has complained about noise exiting from the current parking lot, but that a driveway on Vandenberg would not be seen while driving along the curve on Vandenberg. Ms. Brumann stated that Taco Bell had a right-turn only sign. Commissioner Baker asked if the exit from the Chinese Restaurant was posted as a right-turn only; and if there was a center approach turning lane on Enderle Center Drive; asked if it would be legal to make a left and right turn from the driveway if located on Enderle Center. Ms. Doubleday and that as it is currently painted, only a right- turn could be made; that it was a double-double yellow line that transitions from Vandenberg to 17th Street becoming a left-hand pocket. Commissioner Weil asked if they could paint out the part of the line to legalize the turn onto Enderle from the parking lot. Ms. Doubleday affirmed. Commissioner Le Jeune asked the purpose of the double-double yellow line at that point. Ms. Doubleday replied that it was probably due to the width of the street at that point; and that a double-left-hand pocket at the intersection would not be acceptable. The Director provided language to impose modification to the signage, as moved, subject to the approval of the traffic engineer. Commissioner Baker received consensus for elimination of the driveway on Vandenberg. Planning Commission Minutes November 12, 1991 Page 6 Commissioner Le Jeune suggested that the gates are unnecessary, and that the exit should be moved further north on Enderle Center Drive. The Director stated that 100 feet was a safe distance from the corner without impacting turns; suggested option 2; provided language for Item 2.21, as moved; deleted Item 2.6, and renumbered subsequent items; and added language for Item 2.21 regarding exterior lighting, as moved. Commissioner Kasparian encouraged signage limiting parking times due to the isolation of the lot. Commissioner Le Jeune suggested that the office building might have a second shift that might be encouraged to use the lot. The Director responded that the Noise Ordinance is very restrictive; that this site was anticipated for a certain amount of activity; and, there is no need for additional conditions. Commissioner Baker stated that he was also concerned about the bounce from lights leaving the lot onto Vandenberg. Commissioner Weil moved, Kasalek seconded to approve Conditional Use Permit 91-16 by adopting Resolution No. 2978 revised as follows: Exhibit A, Page 3, delete 2.6 and renumber the items that follow. Add 2.20 to Exhibit A to read "A thirty foot proposed driveway originally proposed on Vandenberg Lane shall be moved to Enderle Center Drive, located 100 feet from the corner radius of Vandenberg Lane and Enderle Center Drive." Add 2.21 to Exhibit A to read "Modifications to traffic signing shall be required along Enderle Center Drive to accommodate right and left turn movements from the proposed driveway. Cost of resigning pavement shall be borne by the developer in an amount determined by the City Engineer. Motion carried 5-0. 4. Conditional Use Permit 91-26 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL MS. MOTOKO M. MYERS P.O. BOX 5983 SAN CLEMENTE, CA 92674-5983 NEWPORT AVENUE, PARTNERS LTD 4900 CALIFORNIA AVENUE #100 BAKERSFIELD, CA 93309 13681 NEWPORT AVENUE, SUITE 9 PC-C (PLANNED COMMUNITY - COMMERCIAL) STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES (ABC LICENSE TYPE "41") IN CONJUNCTION WITH A RESTAURANT USE. Recom~endation - It is recommended that the Planning Commission approve Conditional Use Permit 91-26, requesting authorization for Planning Commission Minutes November 12, 1991 Page 7 the on-site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2968 as submitted or revised. Presentation: Joann Perry, Associate Planner Commissioner Baker suggested changing the hours to 11:00 a.m. to 11:30 p.m. The Director made changes to the Resolution, as moved. Commissioner Le Jeune asked why the restriction for coin games was imposed on this application. The Director replied that the restriction was typically related to the sale of alcohol; that they wanted to limit the attraction of young people to stores selling alcohol without parental supervision; and that businesses are licensed for up to five (5) games where alcohol is not sold. Commissioner Kasparian stated that Lamppost Pizza has games and sells alcohol. The Director replied that the ordinance was adopted 2 1/2 to 3 years ago and that there are many pre-existing conditions. The Public Hearing was opened at 8:32 p.m. The Public Hearing was closed at 8:33 p.m. Commissioner Kasparian moved, Le Jeune seconded to approve Conditional Use Permit 91-26, requesting authorization for the on- site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2968 revised as follows: Page 2, #3, delete "2:30 p.m. and 5:00 p.m. to" Exhibit A, Page 1, #2.2 delete "2:30 p.m. and 5:00 p.m. to" Motion carried 5-0. 5. Conditional Use Permit 91-27 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. TOMONIKO MUNAKATO 2868 MONTEREY AVENUE COSTA MESA, CA 92626 AKEMI NISHINO 1118 CORELLA NEWPORT BEACH, CA 92660 17582 SEVENTEENTH STREET, SUITE 103 PC-C (PLANNED COMMUNITY - COMMERCIAL) THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION FOR THE ON-SITE SALE OF BEER AND WINE FOR CONSUMPTION ON THE PREMISES (ABC LICENSE TYPE "41") IN CONJUNCTION WITH A RESTAURANT USE. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 91-27, requesting authorization for the on-site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2967 as submitted or revised. Presentation: Joann Perry, Associate Planner Planning Commission Minutes November 12, 1991 Page 8 Staff made changes to the Resolution changing the hours of sale of beer and wine to 11:30 a.m. to 11:00 p.m., as moved. The Public Hearing was opened at 8:37 p.m. The Public Hearing was closed at 8:38 p.m. Commissioner Kasalek moved, Kasparian seconded to approve Conditional Use Permit 91-27, requesting authorization for the on- site sale of beer and wine for consumption on premises only, by adopting Resolution No. 2967 revised as follows: Page 2, #3, delete "2:00 p.m. and 5:00 p.m. to" Exhibit A, Page 1, #2.2 delete "2:00 p.m. and 5:00 p.m. to" Motion carried 5-0. e Conditional Use Permit 91-29, Variance 91-18 and Desiqn Review 91-26 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. JOE MACPHERSON 23 AUTO CENTER DRIVE TUSTIN, CA 92680 MR. JOE MACPHERSON 23 AUTO CENTER DRIVE TUSTIN, CA 92680 36 AUTO CENTER DRIVE PC-C (PLANNED COMMUNITY - COMMERCIAL) IT HAS BEEN DETERMINED THAT FINAL ENVIRONMENTAL IMPACT REPORT 85-02 IN CONJUNCTION WITH THE EAST TUSTIN SPECIFIC PLAN ADEQUATELY ADDRESSES ENVIRONMENTAL CONSIDERATIONS ASSOCIATED WITH THE PROPOSED PROJECT. NO ADDITIONAL ENVIRONMENTAL DOCUMENTATION WILL BE PREPARED IN REGARD TO THE CONDITIONAL USE PERMIT AND DESIGN REVIEW. THE REQUEST FOR VARIANCE HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 5) PURSUANT TO SECTION 15305 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE THE ESTABLISHMENT OF A PAINT, RESTORATION AND AUTO BODY SHOP PURSUANT TO SECTION V.B.5. OF THE CITY OF TUSTIN'S EAST TUSTIN AUTO CENTER PLANNED COMMUNITY REGULATIONS, TO ALLOW THE ENCROACHMENT OF A PROPOSED SERVICE BUILDING INTO THE REQUIRED REAR BUILDING SETBACK; AND TO APPROVE DESIGN REVIEW 91-26 FOR THE AUTO LEASING FACILITY AND AUTO BODY SHOP PROJECT. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adoption of Resolution No. 2976; 2. Approve Conditional Use Permit 91-29 and Design Review 91-26 by adoption of Resolution No. 2975, as submitted or revised; and 3. Approve Variance 91-18 by adoption of Resolution No. 2977, as submitted or revised. Presentation: Joann Perry, Associate Planner Commissioner Kasparian asked how staff verifies the receipt of approval from the AQMD; and if it includes the disposal of solvents. Planning Commission Minutes November 12, 1991 Page 9 Staff replied that the applicant must submit a set of plans with the stamp and signature of approval from the AQMD at plan check; that as part of the building design, certain venting is required; and that Orange County has a hazardous materials division dealing with disposal. The Director noted that the individual car owners pay a fee for disposal. Commissioner Le Jeune asked if they would be installing landscaping to the end of the parcel; and if they would be parking behind a wall. Staff replied that they would landscape only the areas at the far left-hand bottom corner against the building; that an 8 foot wall would be built along the property line; and that an area to the west is left open for fire truck turnaround. Commissioner Baker asked if the applicant was aware of the changes. Staff responded that they issued the staff report last Thursday. The Public Hearing was opened at 8:48 p.m. Leason Pomero¥, project architect, commended staff for their suggestions; stated that they are encroaching into the setback due to the efficient organization of the facility; that they are aware of the additional plantings required, and are prepared to plant them; that the entire length of the freeway would be landscaped; and that it would be difficult to look into the facility from the overpass due to a railing. Reed Chesworth, representing MacPherson Enterprises, stated that this facility was essential to their business; that it was the last portion to complete the project; commended staff for their efforts. Commissioner Kasparian asked encroachment of the building. for a clarification of the Mr. Pomeroy replied that it takes the length of the building to get two (2) bays in, with parking on the roof. The Director stated that the staff report provides information stating that the parcel is unlike other lots in the center; and that this parcel was being denied privileges that other buildings were receiving. Commissioner Kasparian stated that an odd parcel is not necessarily a reason for granting a variance; and observed that a 1% encroachment allowed increasing the building by 50% as noted in Attachment C, but his calculations show a 12 percent increase. The Public Hearing was closed at 8:55 p.m. Commissioner Baker received consensus from the Commissioners. Commissioner Le Jeune moved, Kasalek seconded Environmental Determination for the project Resolution No. 2976. Motion carried 5-0. to approve the by adoption of Commissioner Le Jeune moved, Kasparian seconded to approve Conditional Use Permit 91-29 and Design Review 91-26 by adoption of Resolution No. 2975. Motion carried 5-0. Planning Commission Minutes November 12, 1991 Page 10 Commissioner Le Jeune moved, Kasparian seconded to approve Variance 91-18 by adoption of Resolution No. 2977 as submitted. Motion carried 5-0. Vesting Tentative Tract Map 14410, Design ~ev~w 91-14, Conditional Use Permit 91-08 add ~il~side Review 91-0~ APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: LEWIS HOMES MANAGEMENT CORP. 1156 NORTH MOUNTAIN AVENUE P.O. BOX 670 UPLAND, CA 91785-5008 ATTENTION: MR. PATRICK LOY LOTS 7, 8, "N", "O" AND "U" OF TRACT 13627 LOW DENSITY RESIDENTIAL/HILLSIDE DISTRICT - 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. 1. AUTHORIZATION TO CREATE 146 NUMBERED LOTS AND 37 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 146 SINGLE-FAMILY DETACHED DWELLING UNITS; 2. APPROVAL OF THE PROPOSED SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROJECT; 3. AUTHORIZATION FOR A CLUSTER DEVELOPMENT AND USE OF THE "CLUSTER DEVELOPMENT" STANDARDS OF THE EAST TUSTIN SPECIFIC PLAN FOR THIS PROJECT; AND APPROVAL OF THE CONCEPTUAL GRADING PLANS FOR CONFORMANCE WITH THE REQUIREMENTS OF HILLSIDE REVIEW. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the environmental determination for the project by adopting Resolution No. 2969; 2. Approve Hillside Review 91-02 by adopting Resolution No. 2970, as submitted or revised; 3. Approve Design Review 91-14 by adopting Resolution No. 2971, as submitted or revised; 4. Approve Conditional Use Permit 91-08 by adopting Resolution No. 2972, as submitted or revised; and 5. Recommend to the City Council approval of Vesting Tentative Tract Map 14410 by adopting resolution No. 2973, as submitted or revised. Presentation: Daniel Fox, Senior Planner Staff made changes to Condition 2.8, 3.2, and 3.5 of Resolution 2973, as moved. Commissioner Weil stated that the streets were like motor courts with a turnaround area; and asked how many units had driveways of 19 feet. Staff replied that they are elongated cul-de-sacs with islands; and that all 146 units have minimum 19 foot driveways. Commissioner Kasparian asked how high the units were. Staff replied that the ridge is about 20 - 22 feet on a one-story, and 27 - 28 feet on a two-story unit. Commissioner Kasparian asked for a clarification of a fuel modification program; and asked how they insure that the street Planning Commission Minutes November 12, 1991 Page 11 markers would be maintained by the homeowners. Staff replied that the Fire Department is concerned about irrigation, and plantings abutting natural terrain; that this is the second tract along Peter's Canyon Ridge; and that enforcement of maintenance of the street markers is the responsibility of the Fire Department, but listed as homeowners responsibility due to having private streets. The Public Hearing was opened at 9:08 p.m. Patrick Loy, representing Lewis Homes, thanked staff for their efforts, and stated that he agreed with staff's recommendations. Commissioner Kasparian asked if there were any homes with zero lot lines on both sides. Staff stated that, technically, each house had a minimum 5 foot clearance; and that the fence defines the yard use. The Public Hearing was closed at 9:10 p.m. Commissioner Weil stated that this was the best project she has seen in a long time and would give the homeowners a lot more space. Commissioner Kasparian stated that he was concerned with the amount of water that would drain from the large roofs onto zero lot lines, and recommended eave drops; and asked whether a condition should be imposed for access by the tenant to the neighbor's yard. Staff replied that there are several ways to grant the tenants' rights to maintain his home. The Public Hearing was re-opened at 9:13 p.m. Mr. Loy replied that there is a reciprocal easement allowing for access at reasonable hours for maintenance and routine items; and that they provide for yard drains and pipes to carry drainage away from the homes. The Public Hearing was closed at 9:15 p.m. Commissioner Kasparian stated that they should not be prohibiting the owner from parking on his own 19 foot driveway. The Director replied that this was a standard policy regarding recreational vehicles only, referred to Item H of Resolution 2973. Commissioner Le Jeune commented that the applicant provided a better statistical summary than recently seen. Commissioner Weil moved, Le Jeune seconded to approve the environmental determination for the project by adopting Resolution No. 2969. Motion carried 5-0. Commissioner Weil moved, Kasalek seconded to approve Hillside Review 91-02 by adopting Resolution No. 2970, as submitted. Motion carried 5-0. Commissioner Weil moved, Le Jeune seconded to approve Design Review 91-14 by adopting Resolution No. 2971, as submitted. Motion carried 5-0. Commiss%oner Weil moved, Le Jeune secoDded to approve Conditional Use Permit 91-08 by adopting Resolution No. 2972, as submitted. Planning Commission Minutes November 12, 1991 Page 12 Motion carried 5-0. Commissioner Weil moved, Le Jeune seconded to recommend to the City Council approval of Vesting Tentative Tract Map 14410 by adopting resolution No. 2973, revised as follows: Exhibit A, page 4, 2.8 add "where practical" at the end of the sentence. Page 5, 3.2 change "Parcel B" to "Lot NN" Page 5, delete 3.5 Motion carried 5-0. OLD BUSINESS: NEW BUSINESS: STAFF CONCERNS: Report on actions taken at November 4, 1991 City Council meetinq Staff reported on the subject agenda. Commissioner Weil asked if guidelines would be created for the alcoholic recovery centers similar to the large daycare guidelines. The Director replied that they are lobbying State legislature to modify the law since they have no ability to regulate these facilities if they have less than six occupants; that they have to be treated the same as a single family dwelling. Commissioner Weil stated that she was concerned with the idea of limiting a congregation of people for meetings; that a congregation was similar to a party. The Director replied that, with three facilities within 150 feet of each other, they were bringing in vans of people for group therapy and kitchen facilities; and operating as a functional congregate care facility. Commissioner Weil suggested lobbying efforts to keep them at least 500 feet apart would be more beneficial. The Director stated that the problem was the existing facilities. Commissioner Le Jeune suggested City Council indicate the substance of reports that are being received and filed for at-home viewers. COMMISSION CONCERNS: Commissioner Le Jeune -Reminded staff of the center adjacent to the 5 freeway on Newport Avenue which is a code enforcement issue. Staff responded that notice and order letters have been sent. Commissioner Kasalek -Informed staff of a strip of dirt in front of Nelson Elementary school Staff will transmit information to Public Works Department Planning Commission Minutes November 12, 1991 Page 13 Commissioner Kasparian -Noted a problem with double yellow lines on Prospect and 17th Streets and making turns. Staff will pass onto the Public Works Department Commissioner Baker -Would like a letter from Planning Commission sent to the Director of Public Works requesting that a staff member rather than consultant be present when requested for public hearings. AI~OURI~ENT: Commissioner Baker moved, Le Jeune seconded to adjourn the meeting at 9:35 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on November 25, 1991 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. Kathleen Clancy Secretary