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HomeMy WebLinkAboutPC Minutes 03-26-84 HINUTES OF A REGULAR I~ETING OF THE PLANNING COI~ISSION OF THE CITY OF TUSTIN, CALIFORNIA March 26, 1984 The meeting was called to order by Chairman Sharp at 7:31 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 Commi ssi oners Present: Commt s si oners Absent: A1 so present: James B. Sharp, Chairman Ronald White, Chairman Pro Tem Mark Ainslie Charles Puckett Kathy Weil None Donald D. Lamm, Director of Community Development Alan Warren, Senior Planner Mary Ann Chamberlain, Associate Planner Jeff Davis, Assistant Planner Suzanne Atkins, Deputy City Attorney Janet Hester, Recording Secretary Fi IMUTES Minutes for the meeting of March 12, 1984 were approved as submitted. PUBLIC CONCERNS None. CONSENT CALENDAR None. CONTINUED PUBLIC HEARINGS 1. AMENDMENT NO. 84-1 TO THE ZONING ORDINANCE Applicant: Initiated by the Tustin Planning Commission Request: Allow large family day care homes for up to twelve (12) children subject to a special permit in the single-family residential districts Jeff Davis presented staff's report. In response to questions from Commissioner White, Mr. Davis answered that current zoning permitted day care homes in multiple-family zones, and the proposed amendment addressed only single-family. Mr. Davis responsed to Commissioner Weil's questions stating that the County of Orange was responsible for licensing and inspecting the homes and the Fire Department made annual inspections. Commissioner Ainslie asked what body would conduct a hearing if necessary. Mr. Davis replied the responsibility was held by the Zoning Administrator but could be tranferred to the Commission if so desired. Commissioner White asked if the license would be issued only to the property owner. Mr. Davis replied a distinction was not made. Chairman Sharp opened the public hearing at 7:41 p.m. The following person spoke in on the matter: Mr. Greg Lynch, 14692 Cheshire Place, operator of a large family day care home, expressed opposition to condition (c.) of staff's report which stated a protest from an abutting property owner would be cause for denial of a license. He also expressed opposition to condition (d.) which would require that all homeowner vehicles be parked on private property during hours of operation of the day care home. Mr. Lynch also stated he felt a fee of $250 to process a permit was excessive. Planning Commission Minutes March 26, 1984 Page 2 Seeing no one else wishing to speak, Chairman Sharp closed the public hearing at 7:55 p.m. Mr. Lamm responded to Mr. Lynch by stating staff was trying to protect the integrity of the residential area by implementation of Condition (c.) and felt Condition (d.) would provide an easily accessible curb-side drop off point for parents using the day care home. Mr. Lamm also responded that no fee would be charged for processing or issuance of a permit. Commissioner White asked what appeal rights the applicant had in the event of denial due to protest. Mr. Lamm replied that the applicant did not have appeal rights. Commissioner Well stated she felt the condition requiring the property owner to park on private property would be too difficult to enforce and requested the following amendments and additions to the conditions: Amendments: All homeowner vehicles and/or aides vehicles shall be parked either on private property or in the area in front of the day care home during hours of operation. A permit shall not be granted for a day care home that would be established wihtin 300 feet of any existing licensed home. If any written protest against permit issuance is received from any property owner abutting the proposed large family day care home a hearing must be held by the Planning Commission whereupon evidence shall be submitted and the commission will maintain the right to either grant or deny the permit based upon evidence presented. Additions: i. The center shall be operated in a manner that does create a nuisance or annoyance to the adjacent properties. not The city will have the authority to withdraw the permit upon any substantiated violation of any of the above conditions, after a hearing before the Planning Commission. In response to Chairman Sharp, Commissioner White stated that State law pre-empts C.C.&.R.'s. In response to Commissioner White, Mr. Lamm stated that existing, licensed homes were exempt from the proposed requirements because it would be difficult to try to re-permit homes which had already obtained licenses from the County. After Commission discussion regarding parking, right of appeal and denial, it was moved by Well, seconded by Puckett, to continue the hearing to the next regular meeting and direct staff to revise the conditions in accordance with Commission concerns, and to send copies of SB 163 to each Commission member. Motion carried, 5-0. PUBLIC HEARINGS 1. USE PERMIT 84-9 Applicant: Loca ti on: Request: Su Chan Lee 17400 E. 17th Street, Suite F Authorization to install and operate a retail plant. dry cleaning Mary Ann Chamberlain presented staff's report. Commissioner Weil asked if any other dry cleaning establishments were located in the center. Ms. Chamberlain replied there were none. Chairman Sharp opened the public hearing at 8:30 p.m. Seeing no one wishing to speak, Chairman Sharp closed the public hearing at 8:31 p.m. Planning Commission Minutes March 26, 1984 Page 3 It was moved by White, seconded by Ainslie, to approve Use Permit 84-9 by the adoption of Resolution No. 2149. Motion carried, 5-0. 2. ZONE CHANGE 84-1 Applicant: Location: Request: Initiated by the Planning Commission 17361 McFadden Avenue To change the zone for the property from the Residential Suburban District {R-4) to the Retail Commercial District (C-1) Alan Warren presented staff's report. Chairman Sharp opened the public hearing at 8:33 p.m. Seeing no one wishing to speak, Chairman Sharp closed the public hearing at 8:34 p.m. It was moved by Puckett, seconded by Weil, adoption of 2151 recommending to the City Council approval of Zone Change 84-1. Motion carried, 5-0. ADMINISTRATIVE MATTERS 1. Old Business None. 2. New Business a. Request for Zone Change - 14462 Red Hill Avenue Mary Ann Chamberlain presented staff's report. Chairman Sharp asked if the owner of the property had given an indication of how he wished to develop the property. Mr. Lamm responded the applicant had stated he did not have any development plans at this time. It was moved by Weil, seconded by Puckett, adoption of Resolution No. 2150, initiating a zone change for 14462 Red Hill Avenue. Motion carried, 5-0. STAFF CONCERNS 1. Report on Council Actions - March 19, 1984 Donald Lamm presented staff's report. Dy unanimous informal consent, the Commission received and filed staff's report. CO~ISSION CONCERNS Commissioner Ainslie complimented Associate Planner, Mary Ann Chamberlain, for her part in the pre-meeting presentation by the Orange County Housing Authority. Commissioner Well informed the Commission of a "Candidates Night" for all City Council and City Clerk candidates on March 27, 1984 at 7:30 p.m. in the Tustin Meadows, West Clubhouse. AD&OURNMENT: at 8:40 p.m. to the next regular meeting on April 9, 1984. Jan6t Hester v Recording Secretary James B. Sharp, ~hairman