Loading...
HomeMy WebLinkAboutPC Minutes 02-22-88MINUTES TUSTZN PLANNING CO~ISSION REGULAR MEETING FEBRUARY 22, 1988 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Pontious 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 February 8, 1988 Planning Commission Meeting 2. Final Parcel Map 87-370 Commissioner Le Jeune moved, Baker seconded to approve the consent calendar. Motion carried 5-0. PUBLIC HEARING 3. Tentative Parcel Map 87-412 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: K.W. LAWLER & ASSOCIATES, INC. ON BEHALF OF CONTINENTAL MEDICAL SYSTEMS AND WESTERN NEURO CARE CENTER CONTINENTAL MEDICAL SYSTEMS P.O. BOX 715 MECHANICSBURG, PENNSYLVANIA 17055 165 N. MYRTLE AND 14581 YORBA STREET PUBLIC AND INSTITUTIONAL (P & I) AND PROFESSIONAL OFFICE (PR) CATEGORICALLY EXEMPT, CLASS 15 RESOLUTION NO. 2469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 87-412 LOCATED AT 165 N. MYRTLE AND 14851 YORBA STREET. Presentation: Laura Cay Pickup, Associate Planner Planning Commission Minutes February 22, 1988 Page two Commissioner Well asked for clarification on Exhibit A, 2.3 regarding grading and whether the Commission had discretion on this matter. Staff responded that this was a standard requirement and that the Commission does have discretion in this area. Commissioner Well stated that she felt this was an unnecessary expense to the applicant and asked if it could be waived. She noted that this could be discussed after the public hearing. Commissioner Le Jeune asked if staff knew how much of this land will eventually be taken by the freeway. Staff responded that Caltrans isn't at this time planning to widen the freeway on this side. The public hearing was opened at 7:40 p.m. Anna Beal, representing K. W. Lawler, noted that she was there to answer any questions that the Commission might have regarding the project. Commissioner Baker asked if the applicant had seen the Conditions of Approval and if they had any problems with item 2.3., in regards to having a paleontologist/archealogist present during rough grading operations. Ms. Beal responded that this was not an unusual condition and would most likely be acceptable. Commissioner Baker noted his concern regarding the cost. He also asked how deep they were going to dig. Ms. Beal responded the depth would be approximately 25 feet. The Director noted that there will be no work performed prior to the issuance of a final map. This is just alerting the applicant to future requirements. Commissioner Well asked if Western Neuro Care was aware of item 2.3. Ms. Beal stated that to the best of her knowledge they were aware of this condition. The public hearing was closed at 7:44 p.m. Commissioner Puckett agreed with staff's recommendation doesn't seem to have a problem with the condition. and since the applicant Commissioner Baker asked how much time a paleontologist/archealogist would actually be required to be available. Staff noted that the paleontologist/archealogist would be required to be present only during rough grading and that is a standard procedure. She also noted that the parcel map is separate from any development and that approving the map doesn't guarantee that this project will be built. Planntng Commission Minutes February 22, 1988 Page three Commissioner Puckett moved, Pontlous seconded to recommend approval of Tentative Parcel Map 87-412 to the City Council by the adoption of Resolution No. 2469. Motion carried 5-0. 4. Variance 88-1 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CHARLENE AND HARRY GATES 450 W. FIRST STREET FIRST STREET SPECIFIC PLAN A NEGATIVE DECLARATION WILL BE PREPARED ON THE PROPOSED PROJECT AUTHORIZATION TO PERMIT DEVELOPMENT OF AN APPROXIMATE 5600 SQUARE FOOT OFFICE BUILDING WITH A 20 FOOT SECOND STORY FRONT YARD SETBACK AND A 16 FOOT REAR YARD SETBACK Presentation: Christine Shlngleton, Director of Community Development The public hearing was opened at 7:49 p.m. Commissioner Baker moved, Puckett seconded to continue the public hearing until such time as the the project is resubmitted with the proper title verifications included. Motion carried 5-0. The public hearing was closed at 7:50 p.m. APPLICANT: OWNER: LOCATION: ZONING: REQUEST: Permit to Operate a Large Family Day Care Home BARBARA C. MARMOL 1952 JAN MARIE PLACE TUSTIN, CA 92680 HERMAN ACEVEDO 637 1/2 W. KELSO INGLEWOOD, CALIFORNIA 90301 1952 JAN MARIE PLACE TUSTIN, CA 92680 R-4: MULTIPLE FAMILY RESIDENTIAL AUTHORIZATION TO OPERATE A LARGE FAMILY DAY CARE HOME Presentation: Mary Ann Chamberlain, Associate Planner Lois Jeffrey, Deputy City Attorney, noted that the California Health and Safety Code has limited Planning Commission discretion in denial of permits. If the applicant meets City Code requirements the City must issue a permit. If a protest is made there must be a public hearing, but once the applicant meets the requirements we don't have discretion to turn them down. Commissioner Le Jeune asked if the City Code stipulated the hours of operation. The Director responded no, but there are noise requirements. represent a nuisance to deny the permit. The operation must Planning Commission Minutes February 22, 1988 Page four Commissioner Baker clarified that the operation must be licensed by the State. The Director noted that the City does not have discretion, that it is a day care faci 1 i ry. The public hearing was opened at 8:56 p.m. A. R. Bingaman, 13861 Browning, spoke in opposition to the application. He noted that he felt it would impede his relaxation in the evening hours. He also noted his concern with the liabilities of the children entering his yard over the fence. Commissioner Well noted that the Day Care Center has been operating for a while and asked Mr. Bingaman if any children had climbed over the fence? Mr. Blngaman responded no, and further stated that he did not think that the children were happy. Commissioner Puckett asked how late the children are at the facility and are there children that live there. He also asked if the City is aware of any problems with other Day Care Centers. Mr. Bingaman responded that the they are there until 10:00. The Director noted that staff had checked with the Police Department and that there was one call in the last year and the result was that the disturbance was not at that property. Herbert Huber 13882 Dall Lane, owns property adjacent to the applicant. He noted his opposition to the facility. He stated that according to Ordinance 991B this facility constitutes a nuisance to the area and that the City has the right to deny this permit. He also noted his surprise that this property was zoned R-4. He further relayed that Mr. Bingaman did not receive a notice regarding tonights meeting. Commissioner Well asked why Mr. Bingaman was not noticed. The Director noted that the notice are sent to a list of property owners within 100 feet of the project as obtained from the latest Assessor's Parcel book. She advised the Commission to continue the public hearing to abide by the intent to give all parties to be renoticed thereby giving them the opportunity to speak at the public hearing. Staff noted that the R-4 zoning was kept R-4, the same as it was in the County before annexation to the City. Herbert Huber noted that the R-4 must have been an oversight. Commissioner Le Jeune asked the applicant what the normal working hours are. Mr. Luis Marmol, husband of applicant, noted that all of the children should be picked up by 6:00 p.m., 6:30 p.m. at the latest. They arrive beginning at 7:00 a.m. Planning Commission Minutes February 22, 1988 Page five Commissioner Le Jeune inquired if the children are required to stay within the property limits. Mr. Marmol responded that the children are either kept in the house or, in the case of extremely nice weather, they are supervised in the rear fenced yard. Commissioner Le Jeune asked how long the facility has been operating with six children. Mr. Marmol responded they had been in operation for three years. The public hearing was closed at 8:22 p.m. Commissioner Baker moved, Le Jeune seconded to continue the public hearing to the March 14, 1988 Planning Commission meeting in order to provide staff sufficient time to renotice all property owners within 100 feet of the project. Motion carried 5-0. Commissioner Weil asked Mr. Huber and Mr. Bingaman to look at the list and change it to indicate any other owners that aren't correct. Lois Jeffrey, noted that it would be inappropriate to mail a list made by Mr. Huber and Mr. Bingaman. The City is required to notice the Assessor's Parcel list. We can send to anyone else within the 100 foot area that owns property. The Director asked that item 7 be heard out of order. 7. Update on Tustin Area Senior Center Presentation: Christine Shingleton, Director of Community Development and Susan Jones, Community Services Susan Jones, Recreation Superintendent, gave an update report on the Tustin Area Senior Center, noting that the ground breaking ceremony will take place on March 30, 1988 at 4:00 p.m. and everyone is invited and encouraged to attend. Commissioner Le Jeune asked for a more specific location and asked if the baseball diamonds will remain. Mrs. Jones gave a more detailed description of the location. She also noted that the park is not designated as a sports facility. It is designed as a passive park. Commissioner Wetl asked if the diamond will be relocated and if the parking questions brought up at the last Commission meeting have been answered. Mrs. Jones noted that there is no change in the parking situation. There will be a few parking spaces sacrificed in order to maintain the palm trees. Commissioner Baker asked what other locations do we have for ball fields. Mrs. Jones responded that in actuality the City is trading one unlighted, unrefined diamond for two full sized lighted diamonds. Planning Commission Minutes February 22, 1988 Page six OLD BUSINESS 6. Continued Discussion ~n Orange County Counctl of Government Study Commissioner Well noted that they are looking for a recommendation to stay with SCAG or go out on our own. She is not sure that the Planning Commission has that type of authority. Steve Rubin noted that the County wants an indication as to whether the cities agree with the feasibility of further evaluation. Commissioner Le Jeune noted that he felt it was up the the City Council. The Director noted that the Commission should be recommending to the City Council and the City Council will take whatever action they deem necessary. Commissioner Pontious stated that she would like to see the evaluation go ahead. Commissioner Le Jeune moved, Baker seconded to direct staff to transmit, by Minute Order, to the City Council, the Planning Commission's recommendation that the Council support the formation of the Evaluation Committee. Motion carried 5-0. NEW BUSINESS 8. GENERAL PLAN CONFORMITY FOR FLOOD CONTROL IMPROVEMENTS ALONG EL MODENA-IRVINE CHANNEL RESOLUTION NO. 2470 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE PROPOSED FLOOD CONTROL IMPROVEMENT PROJECT IS IN CONFORMANCE WITH THE TUSTIN AREA GENERAL PLAN. Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Baker noted that it was a great idea. Commissioner Well stated that she was in favor. The Director noted the following corrections in Resolution No. 2470: In section B the Code section number should be "65402" and it should read ...shall "not" construct. Commtssoner Puckett moved, Pontious seconded to adopt Resolution No. 2470, as revised, finding that the proposed Flood Control Improvement project is in conformance wlht the Tustin Area General Plan. Motion carried 5-0. 9. Discussion on 7:00 P.M. Starting Times for Planning Commission Meetings Planning Commission Minutes February 22, 1988 Page seven Commissioner Well noted that she would prefer the 7:30 p.m. start time but she would be willing to go along with the majority. Commissioner Le Jeune moved, Puckett seconded to request a Mini Code Amendment to change the meeting time of the Planning Commission from 7:30 p.m. to 7:00 p.m. Motion carried 5-0. 10. ~eport on Actions taken at February 16, 1988 City Council Meeting Presentation: Christine Shtngleton, Director of Community Development The following items were discussed at the meeting: JWA Update Senior Citizen Center Donation of Water Department Building to the Historical Society Cultural Resources Overlay Commissioner Puckett noted that Jabberwocky was closing down and that the Go Kart proposal would be on the March 7th City Council agenda. Commissioner Le Jeune asked if the Council could make the final decision regarding the Cultural Resources District. The Director responded that City Council can not modify the Ordinance before returning it back to the Planning Commission for review and report. She noted that it might be helpful to schedule a short training session with the Commission on Planning and Zoning Laws. COMMISSION CONCERNS Commissioner Baker noted the pavement on Bryan Avenue not being restored into its original condition by the Pipeline crew. The rest of the Commissioners agreed that Bryan Avenue was a hazardous place to travel due to the pipeline construction. Comtsstoner Le Jeune noted that at 5:15 a.m. about three times a week, there is water flooding Walnut Avenue. Commissioner Wetl asked for an update report on the Eastern Transportation Corridor. The Director noted that the Joint Powers Agreement hasn't selected the alignment. The cities have reviewed the alternate alignments and have supported one of the alternatives. The City has until March 30th to respond to the County which the Council is already involved in. Staff will agendize Bob Ledendecker to come back to review the alternatives forwarded to JPA with the Commission. Commissioner Weil thanked staff for the two notebooks. an election in November and suggested if the reorganization before July. She also noted that there is Commission should agendize The Director noted that a schedule for the training session will be presented at the March 14th meeting. Planning Commission Minutes February 22, 1988 Page eight Commissioner Le Jeune asked if there were any Sign Committee meetings in the near future. The Director noted that a time schedule would be presented to the Commission at the March 14th meeting. ADJOUR~IIENT At 9:00 p.m. the meeting was adjourned the the March 14, 1988 Planning Commission meeting by unanimous informal consent. "-:i~e n n i Foley Secretary Chat rma n