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HomeMy WebLinkAbout01 PC Minutes 1-13-03MINUTES ITEM #1 TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 13, 2003 7:01 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present None Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR Approved . APPROVAL OF MINUTES - DECEMBER 9, 2002, PLANNING COMMISSION MEETING. It was moved by Hamilton, seconded by Jennings, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING Adopted Resolution No. 3857, as amended, 4-0; Hamilton abstained , CONDITIONAL USE PERMIT 02-016 AUTHORIZING THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME CARING FOR UP TO FOURTEEN (14) CHILDREN. THIS PROJECT IS LOCATED AT 13844 COMANCHE IN THE PLANNED COMMUNITY RESIDENTIAL ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3857 approving Conditional Use Permit 02-016 to establish a large family home daycare caring for up to fourteen (14) children. Minutes - Planning Commission January 13, 2003 - Page 1 Hamilton 7:03 p.m. Willkom Director Denny Willkom Holland Denny Holland Nielsen Willkom Kozak Willkom Stated a conflict of interest based on his ownership of property within the Shadowbrook tract and, on the advice of the City Attorney, stepped out of the Council Chamber. The Public Hearing opened. Presented the staff report. Added there are often concerns related to uses such as large family daycare and other care facilities within single family residential zones; the conditions of approval presented within this application are reasonable restrictions that can be proposed or imposed by the City; under State law, the City's capacity to regulate at the local level is limited; Condition 1.7 allows staff to review such uses on an annual basis; if there are problems or concerns, staff can re-review the approval and bring it back for the Planning Commission's consideration. Asked if there is a timeline in terms of the State application and the application for the conditional use permit. Indicated the applicant must obtain approval from the City before the State can issue the license. Added that staff's recommended conditions of approval indicate this entitlement would not become effective until approved by the State. Indicated he had spoken with the Director earlier today to let her know the Shadowbrook Homeowners Association (HOA) had concerns regarding the use of the pool and his understanding that restrictions cannot be effected through conditions of approval, because pool restrictions are between the Association and the residents. Stated Commissioner Denny's assumption is correct. Asked if the interval parking schedule is being processed now. Answered the applicant has not submitted a schedule but must do so before final inspection and before a license to operate daycare for fourteen children can be issued. Asked staff to clarify whether tonight's Planning Commission hearing was scheduled as the result of a request from a member of the community; and, stated his understanding that this type of application is usually handled at the administrative level. Answered in the affirmative. Minutes - Planning Commission January 13, 2003- Page 2 Kozak Miranda Bernstein, applicant Willkom Ms. Bernstein Kozak Ms. Bernstein Director Kozak Ms. Bernstein Nielsen Ms. Bernstein Jennings Ms. Bernstein Jennings Ms. Bernstein Asked the applicant to present questions/comments to the Commission. Asked staff for advice regarding submission of a pickup schedule, stating that the pickup timing varies from day to day. Stated that staff needs a schedule that shows only three pickups every fifteen minutes and indicated staff can assist the applicant in preparing this schedule. Asked if it was appropriate to ask questions about the swimming pool at this time. Indicated any discussion regarding the pool usage should occur between the applicant and the HOA. Indicated this is her fourth year in business; her hours of operation have always been between 2:30 to 5:30 p.m.; but wanted assurance that the operating hours could extend to 6:00 p.m. Stated the hours of operation can be modified to state 6:00 p.m. Verified with the applicant that she was requesting a modification of the hours of operation to 6:00 p.m. Answered in the affirmative; added there are never more than three cars at the same time since many of the families carpool; and, stated there will never be 14 cars per day coming to her home. Asked the applicant to estimate how many additional cars are anticipated with the expanded number of children. Stated she expects no more than nine vehicles per day for pickup. Asked who is in charge of the children at her home when she is away picking up other students. Answered that her husband remains at the house; he is also licensed and finger-printed through the State. Indicated that today there was a vehicle parked on the street with her information in the back window. Stated that is her vehicle. Minutes - Planning Commission January 13, 2003 - Page 3 Jennings Asked if that vehicle is typically parked on the street or in the garage. Ms. Bernstein Stated the vehicle is typically parked on Cherokee during her business hours; otherwise, it is parked in front of her house. Nielsen Asked if the basketball hoop on the applicant's sidewalk is used during pickup periods. Ms. Bernstein Indicated the HOA asked that the children not be in the front; there are other people in the neighborhood who use the basketball hoop; she sometimes takes her children to play at the basketball hoops in the nearby park. Vic Bellaschi, 13839 Comanche Stated he lives across the street from the applicant and opposes approval of this application for the following reasons: Shadowbrook is a community of small lots, zero lot lines, and limited front setbacks; the CC&Rs require that all vehicles be kept in the garages; there is a safety factor regarding the knuckle where the subject property is located; most vehicles coming to pick up the children will make U-turns at that knuckle; the knuckle feeds most of the single family dwellings on the westerly side of Shadowbrook; this traffic moves rapidly; there may be a sight distance problem that could cause accidents; the site plan provided in the application indicates three on-street parking spaces in the front of the structure; the frontage on the residence is about 50 feet, including 20 feet of driveway; at the most, two cars would fit in the space available; vehicles are often parked in front and at the side of his home during applicant's various social activities; the large daycare facility will overtax the residence; this facility will impact his home and the neighborhood; if the Planning Commission approves this application, additional conditions should be added regarding the hours of operation and parking. Paul Kingsley, 2051 Cherokee Stated he has lived in Shadowbrook for 15 years and has been the HOA President for 10 of the last 12 years; Ms. Bernstein provides a valuable service to the community; the traffic flow at the knuckle creates a safety problem; there are 85 homes in this section of Shadowbrook, with only two exits; more traffic comes through on the Blackhawk side than on the other side; there are only two functional on-street parking spaces in front of this structure, and the parking is not restricted to people visiting the Bernstein residence; cars sometimes stop in the middle of the street; the corner is marginally safe without this business; the HOA learned of the problem when Ms. Bernstein asked that cones be installed to alleviate the traffic situation; the HOA did not choose to take action to benefit a private business; chances are most of the children will be piCked up between 4:30 and 5:30 p.m. which is the busiest time of the day for traffic passing along that Minutes - Planning Commission January 13, 2003 - Page 4 Jennings Mr. Kingsley Denny Mr. Kingsley Denny Mr. Kingsley Denny Mr. Kingsley Jennings Ms. Bernstein Jennings Ms. Bernstein Jennings street; 16 possible U-turns will definitely impact the traffic flow; this application should be reconsidered. Asked if parking has been a problem along Comanche for people using the park during the operation of this business. Indicated that parking throughout the tract is sparse during the daytime hours during the winter months; the parking increases during Daylight Saving Time; all the homes near the entrances are impacted by people who use the park. Referred to the letter dated September 25, 2001, and another letter in October 2002 in which the HOA indicated support of the application with the conditions imposed; and, asked Mr. Kingsley if the HOA no longer supports the application. Stated his understanding that the September 2001 letter was in support of the small family daycare application, and the October 2002 letter addresses the larger number of children. Reiterated that the October 2002 letter states: "The Association would support the increased capacity if the Bernsteins agree to the following guidelines..."; and, asked if Mr. Kingsley was changing that position tonight. Indicated the HOA is under the same restrictions as the Planning Commission; attorneys tell them they cannot stop this use. Stated that does not mean the HOA must support the application. Indicated the HOA wants to be good neighbors; if this use has to happen, reasonable guidelines should be included in order to make the situation safe and reasonable. Asked the applicant if parents must fill out forms that state the regulations and their obligation to conform to the regulations. Answered in the affirmative. Asked if those forms include parking or traffic information. Answered in the affirmative; added that the parking in front of Mr. Bellaschi's house takes place later in the evening when people pull in to play basketball; indicated she lives at an angle from him, not right across the street; and, stated those people do not park in front of her house. Indicated her question related to Ms. Bernstein talking with the parents about how they should drive into the area, making U- turns, where they can park, etc. Minutes- Planning Commission January 13, 2003- Page 5 Ms. Bernstein Stated she has asked the residents around her whether anyone has seen an accident or had a problem with people picking up children in front of her house, had a problem with the parking, etc., and no one indicated there was any problem; there have been no complaints in four years. Kozak Asked, regarding the interval pickup schedule, if Ms. Bernstein will be working with the parents to provide the proper intervals in order not to exceed the three parking spaces available in front of her house. Ms. Bernstein Indicated she will work with staff to accomplish whatever needs to be done. Nielsen Asked if there have been any pickups causing automobile accidents in the pickup area. Ms. Bernstein Replied in the negative; and, added that her request to the HOA regarding speed bumps or cones in front of her house was related to the children next door, who play in the street on a regular basis, and her concern for their safety. Mr. Bellaschi Returned to the lectern and stated that people using the park do not park in front of his house; indicated he would prefer that the applicant's children use the park basketball facility rather than the one on her sidewalk; and, reiterated that he is opposed to this application because a large daycare facility will impact the neighborhood. Linda Hay, 13809 Apache Stated she is an original owner in the Shadowbrook tract; she believes Ms. Bernstein is providing a benefit to the community; her major concern is the safety issue related to the traffic; the corner of Comanche and Blackhawk is a dangerous corner; she has almost hit children herself while traveling in the area; this is not the appropriate location for a large family daycare facility. Jill Hellar, 13804 Apache Stated she lives around the corner on Apache; residents are in and out of the neighborhood throughout the day; cars are sometimes parked in the middle of the street or pulled into the driveway; children are at risk; adding more children will increase the risk of accidents. Pat Ward, 2051 Iroquois Asked if Ms. Bernstein has a Business License; the CC&Rs clearly state that no businesses that disrupt the community are allowed; the HOA attorney may have interpreted the CC&Rs differently, but the CC&Rs clearly state that any home business requires a business license. Minutes- Planning Commission January 13, 2003- Page 6 Kozak Ms. Ward Kozak Ms. Ward 7:50 p.m. Kozak Director Indicated that the State of California Community Care Licensing Agency licenses daycare facilities. Stated she understood that, but asked what is then the purpose of CC&Rs. Reiterated that the application is covered under the State of California Health and Safety Code, which is the prevailing statute in this matter. Stated Ms. Bernstein's garage door is often open; her car is supposed to be parked in the garage at night; it is occasionally parked in front of her home but more often on Cherokee; pool tables, children's toys, etc., fill the garage; the CC&Rs state that cars are to be parked inside the garage; perhaps vehicles such as hers are exceptions to that requirement. The Public Hearing closed. Asked staff to address some of the issues regarding traffic flow and parking, the licensing, garage parking, etc., for the benefit of the members of the audience. Suggested adding under Condition 2.1e: "This shall include instructions to clients for safe ingress and egress. U-turns on Cherokee and Comanche are prohibited." Condition 3.3 will be modified to change the hours of operation from 2:30 p.m. to 6:00 p.m. Stated that the current operation is a small family daycare for which there are no regulations; neither the City nor the HOA have the ability to regulate those facilities; large family daycare provides the opportunity for the City to regulate the use; if the conditions of approval set forth in this application are violated, the permit can be revoked and the large family daycare operation at this loCation will cease. Indicated that Condition 3.11 will ensure that the children are not playing in the garage area; the garage area is to be used for parking only. Noted the applicant was not required to have a City Business License for the small family daycare facility which is considered a single family residential use of property, unlike other kinds of home-based businesses; large family daycare requires a license before allowing the operation to proceed. Minutes- Planning Commission January 13, 2003- Page 7 Kozak Director Nielsen Jennings Denny Holland Denny Holland Asked if the requirement for a Business License should be included as a condition. Answered that Condition 2.2 could be modified to read: "...the operator shall obtain a business license, if a business license is required." Stated his appreciation to the people who came to the meeting; the applicant apparently runs an exemplary daycare facility; traffic circulation and parking are the major concerns; it is unlikely three cars could fit into the area indicated in front of the applicant's house; the streets look narrower than standard residential streets; the facility is very close to the entrance to the tract; an interim parking schedule seems a bit loose considering the safety issues; adding nine vehicles in this area within a 10-minute interval period may create a traffic issue; the pickup time will probably be compressed to between 4:30 to 5:30; it is unfortunate the home is located in that specific area. Indicated, based on the documentation from parents and children, this is a quality daycare facility; the regulations are designed to protect the children; the neighborhood also needs to be protected; applicant's monitoring of the traffic flow and parking may be necessary. Asked if parking can be prohibited in certain areas. Stated the City has the ability to prohibit parking; however, parking would be prohibited for everyone; there cannot be exclusive parking. Requested that the City Attorney provide a brief primer on the enforceability by local government of the CC&Rs as opposed to the HOA's ability to enforce CC&Rs. Responded that one of the most difficult aspects is the State of California suggesting to residents there are things they can or cannot do under public policy; the State of California determined that certain regulations are invalid and against public policy; the State has done the same in regard to other kinds of uses--one of those is family daycare; the permissibility of these kinds of uses has been expanded and local government's ability to regulate them constrained; the City typically enforces those provisions of the CC&Rs that relate to conditions of approval regarding issues of public health and safety and police issues; there are other components of CC&Rs that do not relate to the conditions of approval on the subdivision map which will not be enforced by the City--for example, the City would not participate in the question of which residents may or may not use the swimming pool, the Minutes - Planning Commission January 13, 2003 - Page 8 Denny Anderson Kozak Anderson Kozak Director Kozak Director Holland times of use, etc.; if the HOA has regulations regarding where cars may be parked, that is up to the HOA to enforce. Asked the Traffic Engineer if there have been any accidents on the knuckle referred to above during the existence of this tract. Indicated only the past three years were considered in the review of this application; there have been no accidents during that time; he is aware of no accidents at that knuckle during the eleven years he has been with the City. Asked the Traffic Engineer to assist the Planning Commission in understanding the conclusions on the application. Indicated this is a private community in which most of the regulations are set forth and enforced by the HOA through the CC&Rs or other agreements; impacts to the public right-of-way, such as Park Center Lane, and private property were considered; this knuckle is similar to other knuckles in the City; many of the issues referred to tonight are not atypical to public residential streets; if the area is that unsafe, the HOA may need to look into safety remedies; the worst-case scenario maximum number of traffic generation--14 students being picked up at the same time--was considered, along with the two trips by the applicant; at schools in the City, traffic is heavier at certain times of the day; the applicant's plan to spread the pickup over 15- minute increments was determined to present an insubstantial impact. Asked if language should be added to restrict the play to the backyard area. Indicated Condition 3.8 could be amended to make that requirement more clear. Suggested the Planning Commissioners understand the gist of that condition, but for future purposes, more specific reference to prohibition of play in the front would address some of the concerns expressed by the residents in attendance. Stated the restriction could include the residence and backyard area. Noted that restricting where the children can play might create a problem; this is considered a residential use of the property; restricting where the children can play would be a State-regulated prohibition that cannot be imposed by the City; the State regulations also prohibit certain uses of garage facilities. Minutes - Planning Commission January 13, 2003 - Page 9 Kozak Director Nielsen Director Nielsen Director Nielsen Kozak Denny Withdrew his request and asked the Director for a summary of the modifications. Stated as follows: Condition 2.1e, added at the end: "This shall include instructions to clients for safe ingress and egress. U-turns on Cherokee and Comanche are prohibited." Condition 2.2 to include "...and the operator shall obtain a business license, if a business license is required." Condition 3.3 modified as follows: "The large family daycare shall only operate from 2'30 p.m. to 6:00 p.m." Suggested allowing for two parking spaces rather than three in front of the applicant's home. Asked if Commissioner Nielsen was referring to Condition 3.4. Answered in the affirmative. Stated that condition could be modified. Commented that he read the entire Health and Safety Code, which limits what the Planning Commission can do in this situation. Added that the Planning Commission is constrained in terms of the regulations imposed upon local government; the conditions of approval are the maximum that can be recommended; being cognizant of the requirements of State law, the modifications are as much as can be done to address the issues as stated by the speakers this evening; this is an excellent facility that meets the needs of the children and the needs of the community. It was moved by Jennings, seconded by Denny, to adopt Resolution No. 3857, as amended. Stated his understanding of the conditions that are placed before the City and that State law takes primacy; if this applicant decided not to pursue a larger facility, the use would go unregulated by the City; the staff and Planning Commission have done all that can be done, given this set of circumstances; cars parked in garages is not enforced in other parts of this tract, nor in a number of other tracts in the City. The motion carried 4-0, Hamilton abstaining. Minutes - Planning Commission January 13, 2003 - Page 10 Kozak Director Hamilton None Director Jennings Kozak Thanked the members of the audience for attending the meeting and asked the Director to provide information regarding the appeal period. Noted the approval of this conditional use permit is appealable to the City Council; the appeal period ends at 5:00 p.m. prior to the next City Council meeting. Returned to the dais. REGULAR BUSINESS STAFF CONCERNS . REPORT OF ACTIONS TAKEN AT THE DECEMBER 16, 2002, AND JANUARY 6, 2003, CITY COUNCIL MEETINGS. Presentation: Elizabeth A. Development Director Binsack, Community Reported the City Council approved reallocation of funds to the Boys and Girls Club in the amount of $25,000 for various improvements to the building. Referred to the Memorandum she submitted to the Commissioners at the dais regarding the amendment to the CDBG Participation Committee; asked that this item be agendized for the next meeting since the CDBG meeting is scheduled two days after the next Planning Commission meeting; stated the City Council modified the way the ad hoc Citizen Participation Committee is established, noting that any member of Boards or Commissions could participate whereas the Committee will now consist of seven members designated by the Chairperson or designee from the Parks and Recreation Commission, the Planning Commission, the Cultural Resources Advisory Committee, the Senior Advisory Board, the Tustin Audit Committee, and two at-large representatives appointment by the City Council; indicated this will simplify the process in that fewer packets will be required and an odd number will be assured for voting purposes; and, noted the training is scheduled for January 29. Stated her support for the restructuring of the Committee. Asked that selection of the Planning Commission representative for the Citizen Participation Committee item be agendized for the next Planning Commission meeting. Minutes- Planning Commission January 13, 2003- Page 11 Director Hamilton Director Kozak Holland Kozak Nielsen Indicated the 2002 General Plan Annual Progress Report was presented to the City Council and will be forwarded to the State, showing our progress in meeting the City's General Plan goals and objectives. Noted at the December 16, 2002, meeting Tracy Wills Worley was selected Mayor and Tony Kawashima Mayor Pro Tem. Stated notes have been issued in the amount of $60 million in full settlement between the Santa Ana Unified School District and the City. Reported that at the next City Council meeting, the MCAS-Tustin Specific Plan will have its first reading; after the second reading, development should proceed on the Base; the John Laing Homes Development Application is in the review process and will be scheduled for the Planning Commission's consideration sometime in February. Stated that on January 6, 2003, the City Council held the first reading for the Prezone Annexation of the Loretta, Bonner, Medford, Grovesite annexation; the second reading will be at the January 21, 2003, meeting; the annexation hearing will be set after that and a petition will be filed with LAFCO. Asked if Public Notices could be posted on the City's website. Indicated staff will check into that possibility. Asked if the City Attorney would like to comment on his Memorandum regarding AB 1797 (Conflict of Interest) which was placed at the dais. Indicated the regulations keep changing; the rules adopted by the Fair Political Practices Commission made it easier for individuals with potential conflicts of interest to identify the problem without having to leave the dais; the Legislature decided that is not enough, that the conflict must be specifically identified and that individual leave the room. Thanked the Assistant City Attorney for the update; and, stated his feeling that it is always better to pose the question to the City Attorney rather than make an error. COMMISSION CONCERNS Asked what is happening with the signal light at Redhill and Walnut. Minutes - Planning Commission January 13, 2003 - Page 12 Anderson Nielsen Director Denny Director Denny Jennings Director Denny Jennings Director Jennings Director Stated a $40,000 repair is involved because the wiring underground and aboveground was melted, signal heads were blown, and everything inside the controller cabinet was melted; every effort is being made to have that signal operational by the end of this week. Asked if there is an intern program in the Community Development Department. Answered the Department has hired interns in the past; and, suggested that if Commissioner Nielsen has someone in mind, he should provide the name and rbsumb, and an interview could be arranged. Asked about the problems at the Arco Station at Redhill and San Juan. Stated the Building Official contacted Tait & Associates who pulled the building permit last August; there is an issue with the tank and soil remediation; staff will follow up with Tait. Indicated he supports the idea of the PowerPoint presentations being e-mailed to the Planning Commissioners prior to the meetings. Asked when the Historical Survey will be on the City's website. Stated the Survey went to the State Historical Preservation Office December 16, 2002. Indicated it will take some time to get the Survey approved by the State. Wished everyone Happy New Year. Restated that reforming the CDBG Participation Committee will make the funding decisions more appropriate. Indicated she received a telephone call this evening from a polling institution asking questions about AT&T service which suggests that AT&T is getting opinions before coming back. Asked what happened on 140 South A Street. Answered the abatement begins on the site tomorrow morning. Asked if the abatement will include the container filled with personal items. Stated the container will likely be removed from the premises. Minutes- Planning Commission January 13, 2003- Page 13 Jennings Anderson Jennings Anderson Jennings Hamilton Denny Kozak Asked the Traffic Engineer to comment on rephasing of the traffic signal at Main and El Camino; the traffic often backs up to B Street; the added stop signs on El Camino contribute to the problem. Answered that the plan is to re-time the light, not modify it to add additional phases; phasing was considered but the diagonal parking removed two through lanes allowing only one lane in each direction on El Camino, prohibiting separation of a left-turn phase from the through phase; the traffic loops into the street were reinstalled last month; the back loops are being used as counters during different times of the day in order to establish a timing program. Indicated the street markers are wonderful; and, asked if there is a plan to extend those markers to other streets. Replied that will be accomplished as funds become available. Noted the PowerPoint graphics this evening were especially enjoyable. Stated he recently used the Graffiti Hotline and was pleased by the prompt response and removal. Indicated the Mobil Station sign at Redhill and the I-5 has letters out on both sides, Noted that heading south on Tustin Ranch Road the El Camino Real street sign is missing. Stated there is a leaning tree on westbound El Camino Real near Tustin Ranch Road. Commended the City for promptly addressing the many problems created by the recent windstorm. Wished everyone a Happy New Year; and, referred to the Ohio State Buckeyes becoming NCAA Football Champions on January 3, 2003. Added for the record that Field Services did a tremendous job last week addressing the tree problems in his neighborhood. Welcomed everyone to the New Year. Congratulated Major Worley and Mayor Pro Tem Kawashima on their selections. Minutes -Planning Commission January 13, 2003 - Page 14 Kozak continued Thanked staff for their assistance this evening in finding a reasonable resolution to the application. Asked the Traffic Engineer if the improvements on the Santa Ana side of 17th Street will affect the Tustin side in terms of the lights and the timing; queuing for southbound SR-55 has been longer in the mornings than before. Anderson Indicated the recent delays were wind-related; Caltrans has not reset their timing clock which is out of sync with Tustin's; it will be two-three weeks because this was not a high priority for Caltrans; there is another signal being planned at Deodar and 17th which should relieve some of the queue getting onto the southbound SR- 55. 8:40 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, January 27, 2003, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes- Planning Commission January 13, 2003- Page 15