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HomeMy WebLinkAboutPC Minutes 11-13-90MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEI, r. BER ~3; X990 CALL TO ORDER: 7:03 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL~ PRESENT Le Jeune, Shaheen, Baker, Kasparian, Kasalek PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE 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 22, 1990 Planning Commission meetinq. 2. Correction of Resolution No. 2841 Commissioner Baker moved, Kasalek seconded to approve the consent calendar as submitted. Motion carried 5-0. PUBLIC HEARINGS: 3. Permit to Operate a Large Family Day Care Home APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DIANA DAHLIN 14602 KIMBERLY CIRCLE TUSTIN, CA 92680 FRANK TORRES 3383 PUTTING GREEN CT. OCEANSIDE, CA 92056 14602 KIMBERLY CIRCLE PLANNED COMMUNITY - RESIDENTIAL CATEGORICALLY EXEMPT (CLASS 1) AUTHORIZATION TO OPERATE A LARGE FAMILY DAY CARE HOME. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2852 approving the permit to operate a Large Family Day Care Home at 14602 Kimberly Circle. Presentation: Beth Schoemann, Associate Planner Commissioner Le Jeune asked if staff had received any written protests. Staff replied negatively. Commissioner Shaheen asked if any of the noise factor information was relayed to the protestors. Planning Commission Minutes November 13, 1990 Page 2 Staff replied that the staff report was available but that they did not contact protestors just the applicant. The Public Hearing was opened at 7:10 p.m. Kim Leason, 14582 Deerfield, stated that he was not notified of the noise study until this evening° He indicated that he has to wait five (5) minutes before he can leave his driveway; that the City is looking into ways to cut down traffic; that this request will bring in more cars; that the CC&R's indicate that no business is to be conducted in Tustin Meadows; that safety is one of their concerns; that there is no pool on the property but that there is a pool and three (3) jacuzzis on adjacent properties; and that the Meadows offers day care with their Tiny Tots program. Edward Earl, 14592 Deerfield, stated that he bought in the Meadows because the CC&R's indicated that it was a residential community and that businesses were not allowed; and that this is not a place for a day care center. William Fraze, 14622 Kimberly, asked how a day care center can be put in a residential area; and noted that there is a German Shepard next door that barks a lot. Commissioner Kasparian asked where Mr. Fraze lived; and where the dog was located. Mr. Fraze stated that he lives two (2) doors away; and that the dog is between him and the applicant. Commissioner Shaheen asked if there are any other day care centers in the Meadows. Commissioner Le Jeune stated that that would be discussed later. Richard Obermeyer, 1751 Heather Ave., noted that the illustration shows that five (5) people can park in front of the applicant, but that the applicant only has six (6) feet of parking in front of her home; that the clients will have to park 150-200 feet away, and that it would not be safe to cross the street with children; that it is an oversight to state that there is adequate parking; and that Tustin Meadows does not allow businesses for any reason. Commissioner Kasparian asked where Mr. Obermeyer was located. Mr. Obermeyer stated that he lives next door; and that when his cars are in the garage, the clients do not see the cars so they block the driveway. Commissioner Baker asked if he has had parking problems in the recent past. Mr. Obermeyer affirmed. Diana Dahlin, 14602 Kimberly, applicant, clarified some points from the last meeting: 1) at no time do the children in her care play in the front yard, only her own children and their friends; 2) that there is room for one (1) car and her own driveway for parking; that during the past five (5) weeks she has monitored her clients and at no time were the neighbors driveways blocked or obstructed; 3) that her back yard is enclosed by a six (6) foot fence with no gates to the neighboring yards; that both the State and City have inspected her home and approved it for a family day care; and that she does not feel it would be detrimental to the health, safety, or welfare of the neighborhood. The Public Hearing was closed at 7:22 p.m. Planning Commission Minutes November 13, 1990 Page 3 Lois Jeffrey, City Attorney, stated that the State Legislature passed a law allowing a large family day care center as a residential use, not a business use; that the State has precluded a lot of the discretion that the Planning Commission has on a CUP in order to promote residential large family day care centers. The second issue is that, based on her research, the CC&R's will not be able to be enforced against a day care center; and that the State has made a decision that this is a residential use, which the courts are upholding. CommSssioner Le Jeune noted that there are several day care centers in Tustin Meadows. Commissioner Kasparian stated that the likelihood of all cars coming at the same time is virtually nonexistent; that regarding the problem of people parking in driveways, the neighbors have the obligation to complain, but that the applicant should be the first to realize that a problem exists or suffer the consequences; and that the issue regarding the dog barking at all hours means that it will bark whether or not children are present. Commissioner Shaheen noted that he did not feel there should be another child care center in the Meadows; that the people in the Meadows can determine if it becomes a playpen for a bunch of kids; and that continuous approval of day care centers in the Meadows may destroy the integrity of the Community. Commissioner Kasalek attested to the fact that it is highly unusual to have more than one or two cars arriving at the same time; that a well-run day care center does not matter whether it has six or twelve children; that there are regulations prohibiting children running in the streets; and that they cannot deny this application based upon assumptions. Commissioner Baker advised that the day care center should encourage her clients not to park in the neighbors driveways. Commissioner Baker moved, Kasalek seconded to adopt Resolution No. 2852 approving the permit to operate a Large Family Day Care Home at 14602 Kimberly Circle revised as follows: Resolution No. 2852, page 2, item II-a, add after restrictions "such as, no double parkinq". Resolution No. 2852, page 2, item II, add item "c": "c. In the event the applicant ceases to maintain a license with the State of California, this resolution becomes null and void." Motion carried 4-1, Shaheen oDposed. 4. Modification to Conditional Use Permit 90-18 APPLICANT\ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ALDERSGATE UNITED METHODIST CHURCH 1201 S.E. IRVINE BOULEVARD TUSTIN, CA 92680 1201 S.E. IRVINE BOULEVARD PUBLIC & INSTITUTIONAL: R & I THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO THE PROVISIONS OF SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. MODIFICATION OF CONDITION NO. 2.1 OF PLANNING COMMISSION RESOLUTION NO. 2821 TO ALLOW A CHANGE IN CONSTRUCTION MATERIAL FOR A REQUIRED FENCE. Recommendation - It is recommended that the Planning Commission adopt Resolution No. 2844, as submitted or revised, modifying Condition No. 2.1 of Conditional Use Permit 90-18, adopted by Resolution No. 2821, to allow a change in construction material for Planning Commission Minutes November 13, 1990 Page 4 a required fence to be double-sided wood fencing rather than a slump block wall. Presentation: Anne E. Bonner, Assistant Planner Commissioner Shaheen asked if the only consideration was whether they build the wall with the wood material. Staff stated that they are asking for a modification in materials. Commissioner Kasparian asked if the gate was double-sided; and asked what was important about double-siding. Staff replied that it the applicant wanted to upgrade all wood fenced areas to double-sided for aesthetic reasons. Commissioner Kasalek asked for a clarification of the area they wanted the fencing in; and if the reason for the wood fencing was for noise abatement. Staff replied that the applicant requested that they be allowed to use wood; that the material was not really an issue; and that the Zoning Code requires a visual screening with a maximum height of 6 feet 8 inches. The Public Hearing was opened at 7:38 p.m. The Public Hearing was closed at 7:39 p.m. Commissioner Kasparian asked for a clarification of the Resolution number. Staff replied that Resolution No. 2821 was the original Resolution. Commissioner Shaheen moved, Kasparian seconded to adopt Resolution No. 2844, as submitted. Motion carried 5-0. OLD BUSINESS: NEW BUSINESS: 5. Design Review 90-31 APPLICANT: PEPPER'S 30448 RANCHO VIEJO ROAD SAN JUAN CAPISTRANO, CA 92675 OWNER: THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE, SUITE 330 NEWPORT BEACH, CA 92658-8904 LOCATION: 3025 EL CAMINO REAL (LOT 4 OF TRACT 13557) ZONING: MIXED USE (NEIGHBORHOOD COMMERCIAL) - EAST TUSTIN SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. REQUEST: APPROVAL OF A SITE PLAN AND ARCHITECTURAL DESIGN FOR THE PROPOSED RESTAURANT. Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 2850. 2. Approve Design Review 90-31 by adopting Resolution No. 2851, as submitted or revised. Presentation: Paula Rankin, Associate Planner John Tiernan, CEO of Pepper's, Inc., accepted the staff report. Planning Commission Minutes November 13, 1990 Page 5 Commissioner Shaheen asked if this was the same as the Pepper's by the Hyatt in Garden Grove. Mr. Tiernan replied that it was the same chain with similar food, but with only occasional entertainment. Commiss$oner Baker stated that he is conservative regarding liquor consumption and asked how long the bar would be open. Mr. TierBan indicated that they do not want to be as reliant on liquor sales as in the past; that they want the ability to have the flexibility to be open late for special events; that it is a 240 seat restaurant; and that they would probably be open until 2:00 a.m. Fridays and Saturdays, and 10 or 11 on weekdays; and that they intend to go in the direction of the best interest of the public. Commissioner Kasparian asked if the Commission has historically had the operating times for restaurants listed in the resolutions. The Director advised that the historical condition in this Resolution is that liquor is allowed when food is being served; that as a precedent, they are allowing appetizers to be considered in the food category so that the applicant does not have to have the full kitchen open in order to serve alcohol. Commissioner Baker asked if Condition 4.4 was revised. The Director replied that it was a standard condition that was not revised. Commiss$oner Kasparian moved, Shaheen seconded to approve the Environmental Determination for the project by adopting Resolution No. 2850 as submitted. Motion carried 5-0. Commissioner Kasparian moved, Kasalek seconded to approve Review 90-31 by adopting Resolution No. 2851, as submitted. carried 5-0. Design Motion 6. Desiqn Review 90-48 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CONSOLIDATED RIBS OF SOUTHERN CALIFORNIA INC. (TONY ROMA'S) 17245 SEVENTEENTH STREET TUSTIN, CA 92680 MICHAEL D. BROOMELL GEORGE A. BROOMELL 440 PACIFIC TUSTIN, CA 92680 17245 SEVENTEENTH STREET CG - COMMERCIAL GENERAL THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZE THE INSTALLATION OF AN EXPOSED NEON TUBE SIGN ON THE EXTERIOR OF AN EXISTING RESTAURANT. Recommendation - It is recommended that the Planning Commission approve Design Review 90-48 by adopting Resolution No. 2853. Presentation: Anne E. Bonner, Assistant Planner Commissioner Kasparian asked if they are taking down a sign in order to put up the new one. Staff replied that they are required to take one down located on 17th Street before they apply to relocate the neon sign. Planning Commission Minutes November 13, 1990 Page 6 Commissioner Kasparian asked if this would be their complete signage; and if they were satisfied with the size. Staff affirmed and indicated that the neon would create enough attraction. Commissioner Kasalek moved, Baker seconded to approve Design Review 90-48 by adopting Resolution No. 2853 as submitted. Motion carried 5-0. STAFF CONCERNS: Report on actions taken at November 5, meeting. 1990 City Council Commissioner Le Jeune asked the status of Mr. Santori's house and noted that the 3 1/2 inch siding has been painted. The Director replied that the permit that is to be issued will be conditioned to the City Council's action. COMMISSION CONCERNS: Commissioner Kasparian -Inquired about the status of the red curbing in front of San Remo Market, Newport and Main streets. He stated that residents of Andrews Street had complained at the new shopping center public hearing of the difficulty of turning left onto Newport Avenue and that he is an advocate of the red curbing. Staff advised that the Mayor has requested this item to come before the City Council for review. -Concerned with the safety of pedestrians and motorists in the placement of junction boxes and traffic signal equipment. Staff can provide the Commission with criteria used in determining the placement of these boxes from the Public Works Department and they can be asked to come before the Commission to discuss the matter. Commissioner Kasparian requested that a representative of the Public Works Department come before the Planning Commission to answer their concerns. Commissioner Kasalek -Advised that she had spoken with the owner of San Remo Market and he is concerned about the approximate 33% drop in business since the red curbing went in. Also, that he had called Bob Ledendecker when he received his notice, Mr. Ledendecker said he would look into it and call him back, but as yet he had not heard back from Mr. Ledendecker. -Asked about the status of the awning at Fat Freddie's. The Director advised that they had not complied with the City's request yet, but apparently there was a number of unusual circumstances or hardships. Chairman Le Jeune requested that the item be agendized for the next Planning Commission meeting of November 26, 1990. Commissioner Shaheen -Expressed his concern that the resident at 2371 Appletree is still pouring paint into the street and using his backyard for storage of paint, etc. The Director advised of the department's Code Enforcement notices and actions taken, will consult with the City Attorney as to what future action should be taken and report back to the Commission. Commissioner Le Jeune -Recently attended a meeting of the "Downtown" citizens and had a couple of questions. Has a request been made for the demolition of a garage in the Downtown area. The Director advised that she has not been able to verify the demolition, but will look into it. Planning Commission Minutes November 13, 1990 Page 7 -Asked if residential sites have to submit color renderings for Design Review and what are the requirement for color. The Director advised that a color rendering does not need to be submitted if colors are noted on the Design Review drawing. -Asked if there was a different log for Residential and Commercial permits. The Director advised there is only one log, but that priority is given to single family residential permits in processing. -Inquired as to when appeal of conditions can be made to Planning Commission. Staff responded that a letter is sent to applicant advising them that appeal can be made within seven days from date of letter. ADJOURNMENT: At 8:15 p.m. Commissioner Shaheen moved, Baker seconded to adjourn meeting to the Sign Code Workshop at 5:00 p.m. in the City Council Conference Room preceding the next regularly scheduled Planning Commission meeting on November 26, 1990 at 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin. Motion carried 5-0. ~a~hleen Fitzp~i6k Secretary Chairman