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HomeMy WebLinkAboutPC Minutes 04-09-84 MINUTES OF A REGULAR I~ETING OF lllE ~ANNING CO)I(ISSION OF lllE CITY OF llJSTIN, ~LIFORNIA April 9, 1984 The meeting was called to order by Chairman Sharp at 7:30 p.m. in the Council Chambers, 300 Centennial Way, Tustin, California. The Pledge of Allegiance was led by Commissioner White and the Invocation was given by Commissioner Puckett. ROLL CALL Commissioners Present: Commissioners Absent: Also present: James B. Sharp, Chairman Ronald White, Chairman Pro Tem Mark Ainslie Charles Puckett Kathy Well None Donald D. Lamm, Director of Community Development Alan Warren, Senior Planner Jeff Davis, Assistant Planner Suzanne Atkins, Deputy City Attorney Janet Hester, Recording Secretary MINUll~S Minutes for the meeting of March 26, 1984 were approved as submitted. PUBLIC CONCERNS None. CONSENT CALENDAR None. CONTINUED PUBLIC HEARINGS 1. AMENDMENT NO. 84-1 TO THE ZONING ORDINANCE Applicant: Request: Initiated by the Tustin Planning Commission Allow large family day care homes for up to twelve (12) children subject to a special permit in the single-family residential districts Donald Lamm presented staff's report, reviewing Commission concerns expressed at the last regular meeting and staff's response in the form of a revised draft ordinance. Mr. Lamm explained that State law excludes the home owners children, over the age of twelve (12) when considering a day care home application. Commissioner Weil asked how many large family day care homes were currently licensed in the City. Jeff Davis responded that six {6) homes currently held licenses, four of which are in Tustin Meadows. Commissioner White asked if homes caring for one to six children required licensing. Mr. Lamm responded State law overruled local jurisdiction and therefore the City did not have any licensing authority. Commissioner White asked what State law required for homes caring for seven to twelve children. Mr. Lamm stated that the City was required to issue a permit but could impose minimal regulations. Commissioner White asked what requirements homes caring for more than twelve children had to meet. Mr. Lamm replied that homes of that size would be considered nursery schools and subject to zoning restrictions. Chairman Sharp asked if the hours of operation were limited. Mr. Lamm stated the only restriction was that children were not allowed to stay at the home overnight. Planning Commission Minutes April 9, 1984 Page 2 Chairman Sharp opened the public hearing at 7:49 p.m. persons spoke on the matter: The following Mrs. Jean Sudbeck, stated she had been a large family day care home operator for 13 years. She expressed opposition to the conditions regarding parking, and use of the garage, feeling they were too restrictive. Mr. Greg Lynch, also expressed opposition to the conditions regarding parking and use of the garage. He stated Condition (d.) should be changed to consider spacing of the homes in addition to noise, traffic, parking and concentration. Seeing no one else wishing to speak, Chairman Sharp closed the public hearing at 8:07 p.m. Moved by Ainslie, adoption of Resolution No. 2140, with the following amendments: Condition (b.) be amended to read: a large day care home .... ". "A permit shall not be granted for Condition (h.) be amended to read: pool area, must be enclosed .... ". "The rear yard of the home, and Seconded by Weil for purposes of discussion. Commissioner Weil requested the motion be amended by amending Condition {f.) to allow on street parking by any employed assistants. The maker of the motion agreed to the amendment. Commissioner Well asked that the restriction against use of the garage be removed. Mr. Ainslie objected stating that possible safety and fire hazards could be encouraged if children were allowed to occupy a structure meant for storage. Chairman Sharp suggested that perhaps conditions could be added requiring conformance to the Uniform Building Code which would require alterations to a garage to make it safe for occupancy. After discussion with staff, the Commission agreed to delete the conditions regarding parking, with the understanding they would be too diffcult to enforce and staff could respond effectively on a complaint basis. The Commission also agreed to delete the condition regarding use of the garage with the understanding the homes would have to comply with applicable State, Fire and Building codes, releasing the City's burden to enforce the regulations. The maker of the motion and the second agreed to the amendments. Commissioner White expressed concern regarding the absence of a physical permit. After discussion with the Deputy City Attorney, the maker of the motion and the second agreed to an amendment creating a new Condition {a.) (with subsequent relettering of following conditions), making provision for the issuance of a physical permit. Wording of the condition was left to the discretion of the Deputy City Attorney, to be reviewed by the Commission at the next regular meeting. Commissioner White requested clarification of Commissioner Ainslie's amendment of Condition (h.) regarding fencing around the pool area. After Commission discussion and input from Mrs. Jean Sudbeck, Mr. Ainslie stated it was his intention to require that the pool area be separated from the children's play area by a fence. After Commission and staff discussion, the maker of the motion and the second agreed to amend Condition {i.) concerning number of children allowed. It was determined that any of the operator's children, over the age of 12, would not be counted as any of the 12 children cared for. Planning Commission Minutes April 9, 1984 Page 3 Chairman Sharp expressed concern regarding the City not issuing permits to existing homes. Mr. Lamm explained that two homes presently in operation were within 300' feet of one another and to make all existing homes comply with the proposed regulations would mean shutting one of them down. The maker of the motion and the second agreed to an amendment which would require that existing homes comply with only the health and safety conditions. Motion carried, 5-0. PUBLIC HEARINGS: 1. USE PERMIT 84-8 Applicant: Location: Request: Daugherty & Hart Architecture on behalf of James S. Beauchamp 13181-13195 Gwyneth Drive Authorization to add three (3) two-story buildings (a total of eighteen (18) units) to the existing complex Donald Lamm presented staff's report stating that several phone calls and letters had been received expressing opposition to the project. In order for staff to review design changes, staff was recommending continuance of the hearing to the next regular meeting on April 23, 1984. Chairman Sharp opened the public hearing at 8:50 p.m. The following person spoke in opposition to the matter: Mr. Robert Michado stated he felt the project was too dense and did not allow sufficient parking. Moved by Weil, seconded by White, to continue the hearing to the next regular meeting on April 23, 1984. Motion carried, 5-0. ADMINISTRATIVE PLATTERS A. Old Business None. Bo New Business 1. Consideration of Initiating an Amendment to the Zoning Ordinance Limiting Specific Uses Within Proximity to Public Schools Donald Lamm presented staff's report. Chairman Sharp asked if any protection for private schools existed. Mr. Lamm stated the only protection provided was by the use permit process. Commissioner White suggested staff seek opinions from the Police Department and school district personnel. By unanimous informal consent, the Commission directed that staff re-affirm Council's interest in initiating such an amendment and report back to the Commission. STAFF CONCERNS 1. Departmental Status Report Report received and filed. 2. Report on Council Actions - April 2, 1984 Report received and filed. Planning Commission Minutes April 9, 1984 Page 4 3. Joint City Council/Planning Commission Workshop Commissioner White requested the Commission meet prior to the workshop and establish Commission opinion before meeting with Council. Report received and filed. 4. Status of General Plan Revisions Report received and filed. COI~ISSIO# CONCERNS Commissioner Ainslie requested staff provide the Commission with information regarding traffic circulation within the City. After discussion, the Commission directed staff to prepare a presentation regarding major circulation projects within the City to be given prior to a Commission meeting. Commissioner Well expressed concern regarding a law suit against Laguna Beach resulting from land slides in that area. She asked Deputy City Attorney, Suzanne Atkins, to prepare a report on the subject. ADJOURNMENT: At 9:23 to the next regular meeting on April 23, 1984. Recording Secretary