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