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HomeMy WebLinkAboutPC Minutes 02-23-87 MINUTES TUSTIN PLANNING COIlqlSSION REGULAR NEETING FEBRUARY 23, 1987 CALL TO ORDER: 7:33 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: PIJBLTC CONCERNS: None. CONSENT CALENDAR: 1. 2. Commissioner Well moved, carried 4-0. PUBLTC HEARINGS 3. USE PERMIT 87-3 Appl i cant: Locati on: Request: Present: Puckett, Well, Baker, Ponttous Absent: LeJeune Minutes of February 9, 1987 Planning Commission Meeting. PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME 1651Copperfield Drive, Nancy Hormuth Baker seconded to approve the Consent Calendar. Presentatt on: Mort on Joseph Mlccio on behalf of Continental Health Management Systems 2472 Walnut Avenue Authorization to install a medical clinic and laboratory in an existing 27,622 gross square foot building. Laura Pickup, Assistant Planner RESOLUTION NO. 2390: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING INSTALLATION OF A MEDICAL CLINIC AND LABORATORY AT 2472 WALNUT AVENUE. RECOMMENDED ACTION: APPROVE USE PERMIT NO. 87-3 BY THE ADOPTION OF RESOLUTION NO. 2390. Commission discussion ensued with questions of staff concerning parking regulations for patients and employees, handicap parking requirements and if the applicant is leasing or purchasing the building. Chairman Puckett opened the public hearing at 7:40 p.m. Joe Mtccto, Continental Health Management, made himself available for questions and commented CHMS is looking to purchase the building. Seeing no one further wishing to speak, Chairman Puckett closed the public hearing at 7:43 p.m. Planning Commission Minutes February 23, 1987 page two Commissioner Pontlous expressed further concern with the limited number of handicapped parking spaces especially in light of the use at this facility. Laura Pickup responded staff could work with the applicant on this; it would require an additional 5' of parking area. Christine Shingleton informed the Commission that the occupancy classification in the Building Code could affect the number of spaces required. Commissioner Wetl moved, Ponttous seconded to approve Use Permit 87-3 by the adoption of Resolution 2390. Motion carried 4-0. 4. USE PERMIT 87-4 Applicant: Location: Request: Spoons Tustln Plaza, 13741 Newport Authorization for an on-site beer, wine and distilled spirits license in conjunction with a restaurant use (license type 47) Presentation: Jeffrey S. Davis, Senior Planner RESOLUTION NO. 2391: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER, WINE AND DISTILLED SPIRITS LICENSE FOR ON-SITE SALES AT 13741 NEWPORT AVENUE RECOMMENDATION: APPROVE USE PERMIT NO. 87-4 BY THE ADOPTION OF RESOLUTION NO. 2391. Jeff Davis reviewed the hours of operation, proximity to schools, supervision of employees who serve alcohol and outdoor seating. Alcohol would be served only from 11:00 a.m. to 1:00 a.m. and only when food is concurrently served. The original application requested the restaurant portion be closed at 12:00 a.m. with the bar area remaining open until 1:00 a.m. Previous Commission action has been that bar activity should be concurrent with restaurant operation. Commissioner Wetl confirmed Parents Who Care had been notified of this public hearing. Chairman Puckett opened the public hearing at 7:49 p.m. Dorson Jackson, Spoons, requested relief from condition 2 in the resolution. There are other Spoons where they close the restaurant one hour before the lounge. 11:00 a.m. to 12:00 p.m. with the restaurant closing at 11:00 p.m. The percentage of food sales is approximately 75/25%. They are aware of the liability associated and are conscientious. They requested they be allowed to keep the lounge open an extra hour. Commissioner Baker explained the Commission is concerned with the place becoming a bar rather than a restaurant. As a compromise if they would leave the dining area open eventhough the kitchen is closed. Commissioner Wetl suggested a light menu in the lounge. Dorson Jackson responded they could have a limited menu but he would have to check with the other Spoons staff on what it would be. Seeing no one further wishing to speak, Chairman Puckett closed the hearing at 7:55 p.m. Planntng Commission Minutes February 23, 1987 page three Commissioner Baker clarified C.2. would remain in the conditions of approval. Commission discussion ensued concerning types of foods which would be served in the lounge and time involved in kitchen clean up. Commissioner Wetl moved, Ponttous seconded to approve Use Permit 87-4 by the adoption of Resolution 2391 with a change to I.A. indicating Dorson Jackson represents Spoons. Motion carried 4-0. 5. AMENDMENT NO. I TO USE PERMIT 85-9 Applicant: Location: Request: Carver Development Tusttn Plaza office/retail sites westerly side of Newport Avenue between Main Street and E1Camino Real. To authorize implementation of a shared parking plan as an amendment to the Development Plan approved by Use Permit 85-9 Presentation: Jeffrey S. Davis, Senior Planner RESOLUTION NO. 2392: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING SHARED PARKING FOR A FREESTANDING RESTAURANT AT 13741 NEWPORT AVENUE. RECOMMENDATION: ADOPT RESOLUTION NO. 2392 AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING IMPLEMENTATION OF A SHARED PARKING PLAN FOR A FREESTANDING RESTAURANT. Jeff Davis explained two factors differentiate this center from others: 1) approximately 31% of the project was constructed for office purposes; and 2) the center is without the traditional "anchor" tenant that is often a major draw to an area. Given these circumstances and in an effort to accommodate capacity seating staff is proposing the implementation of a shared parking program. According to a study by ULI peak demand for mixed use is at different times during the day. During the busiest time of year {December) the center's demand will be 20 more spaces than provided. In a letter dated February 5, 1987, planning staff noted that in order to process a shared parking program the orientation of the building would need to be modified. Originally it was to face Newport Avenue. The entrance should be directed to the southwest to maximize the spaces under utilized at this time as well as spaces at the office complex. Staff met with representatives of Spoons and received revised plans. However, the building was submitted with an orientation to Newport. Part of staff's analysis of shared parking program was based on the assumption the building would be oriented to the southwest. Jeff Davis further emphasized items 1 to 6 outlined in the staff report be approved as part of the plan with the addition of #7 to require the orientation of any restaurant to be to the southwest in order for this amendment to the development plan to work. Planning Commission Minutes February 23, 1987 page four Commission Baker questioned if anything is being done to encourge people to walk across 6th Street. Jeff Davis responded 1) staff's opinion is that given the hours of operation of the center and the tenant mix the potential for utilization of any parking spaces in the office complex for patrons is small. Employees of any of those users should park at 6th Street. 2) In order for this parking plan to work the orientation of the building needs to be to the south. Commissioner Pontlous expressed her concern that parking problems are happening now and wondered why they weren't addressed during the initial process. Jeff Davis responded that it was under estimated what the need for the restaurant seats would be. The magnitude of the seating for Souplantatton was not anticipated. Chairman Puckett opened the public hearing t 8:22 p.m. Ktm Josephson, Carver, informed the Commission the lease agreements allow Carver to ask employees to park in the back lot. He questioned staff on how the standards are being calculated and if there will be a preclusion of any future food uses in Tustin Plaza. Jeff Davis responded limitations are based on the shared parking plan. Future uses would have to be considered on an individual basis. Klm Josephson further informed the Commission that Spoons feels reorienting their plans would disfigure their floor plan to a point it would become infeasible to operate; not aesthetically desirable to orient the building toward the parking lot. He agreed the shared parking plan would work at Tustin Plaza irrespective of which way the restaurant is oriented. Jeff Davis clarified that the issue was the orientation of any restaurant not of Spoons. It is the concept of where the people will park. Klm Josephson requested clarification of item 6 in the staff report. Christine Shtngleton explained OCTD has asked that major developers participate in the car pool information program. It is a voluntary program. Staff is just requesting that Carver provide OCTD with a list of tenants. Ktm Josephson emphasized that a lease is signed with Spoons so they are definitely dealing with Spoons, not just any restaurant user. Dorson Jackson, Spoons, explained it is important to face the street. The orientation of the building has little affect on where the people will park. They will park where places are available. Accessiblity and visibility are important to Spoons. The window of activity is only available to 1/2 of the cars that travel on Newport if the front door doesn't face the street. They hope to have astrong pedestrian traffic from not only the parking lot but from the surrounding uses. The driveway forms a barrier keeping people parking on the side staff has recommended. The orientation of the building will complement the shared parking concept. They plan to work with staff to review the situation further. He further requested clarification of condition #5 in the staff report. Planntng Commission Minutes February 23, 1987 page ftve Christine Shlngleton explained that only a monthly schedule would be required for the first six months. Seeing no one further wishing to speak, Chairman Puckett closed the hearing at 8:50 p.m. Commissioner Wetl agreed with the orientation of the building toward the parking area. She suggested that signage be provided indicating additional parking and a pedestrian crosswalk on 6th Street. Commissioner Baker questioned the need for the applicant to submit a detailed work schedule and construed it as a possible hardship. Christine Shtngleton responded the condition doesn't require a schedule but only an actual shift count for number of employees to assess the joint parking concept. Pursuant to Commission discussion, Christine Shlngleton reviewed the following changes to the Resolution of approval: I.C.5. "Subject property is currently zoned Planned Community Commercial, as such development standards are established via an overall development plan. A modification of said development plan is now justified for the following reasons: a) 31% of the proposed project is an office whose office use peak demand for parking is considerably less than a conventional commercial development; b) the center is without the traditional anchor tenant." II.A. "Maximum floor area for restaurants and/or food related uses shall not exceed existing tenant commitments and/or proposed tenant plans of Carver Development as of February 23, 1987 including plans for a freestanding restaurant." II.B. "Maximum office area shall be established by the Director of the Department of Community Development consistent with ensuring adequate shared parking conditions which accommodate peak parking demands." II.E. "A monthly work schedule for the first six months of operation of any restaurant user on the restaurant pad shall be submitted to the Community Development Department indicating the number of personnel and shift times." II.F. "The Carver Development shall participate and coordinate with Orange County Transit District to encourage that all tenants in the Center and their employees are encouraged to utilize car pools or alternative means of transportation to alleviate parking demand." II.G. "Orientation of the entrance of the proposed freestanding restaurant is to face to the southwest. Restaurant's main access is to be provided from within the center to encourage even utilization of parking spaces to justify the joint shared parking condition, to provide continuities to the center's pedestrian orientation and to reduce any liabilities which may result from vehicular, pedestrian and bicycle conflicts within the public right-of-way along Newport Avenue." P]annlng Commission Minutes February 23, i986 page st x Commissioner Well added two modifications: II.H. "Carver Development will provide strategically placed signs reading 'Additional Parking is Available' to encourage people to participate in the shared parking concept subject to approval of the Director of Community Development pursuant to site plan review process". II.I. Staff is directed to coordinate with the City Engineer to determine the feasibility of a pedestrian crosswalk painted across 6th Street. If such crosswalk is feasible, then it shall be installed. Commissioner Baker moved, Well seconded to approve Amendment No. I to Use Permit 85-9 by the adoption of Resolution 2392 with amendments as specified. Motion carried 4-0. OLD BUSINESS None. NEW BUSINESS None. STAFF CONCERNS REPORT ON COUNCIL ACTIONS FEBRUARY 17, 1987 Presentation: Christine Shingleton, Director of Community Development COIkNISSION CONCERNS Commissioner Wetl requested the Commission be supplied a copy of the annexation brochure. Commissioner Baker questioned if any effort is being made to realign the intersection at Old Irvine and Irvine Blvd. Jeff Davis responded a series of studies have been done by the Public Works Department, the results should be forthcoming. Commissioner Puckett thanked city staff for repairing the broken siding at Magnolia Park. ADdOURIIIENT Commissioner Well moved, Baker seconded to adjourn to the next regularll Planning Commission meeting. Recordl ng Secretary ~cheduled Motion carried 4-0. HARLES E. PUCKETT, Chairman