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HomeMy WebLinkAbout01 PC Minutes 05-22-06 ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 22, 2006 7:10 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chairperson Menard Chairperson Pro Tem Floyd Commissioner Lee Commissioner Nielsen Commissioner Puckett Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Steve Sasaki, Consultant Justina Willkom, Senior Planner Chad Ortlieb, Associate Planner Eloise Harris, Recording Secretary Presented Chairperson Menard presented a framed Certificate of Appreciation to former Planning Commissioner Leslie Pontious. None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - MAY 8, 2006, PLANNING COMMISSION MEETING. It was moved by Floyd, seconded by Lee, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. Nos. 3979 and 3980 CONTINUED CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 TO CONVERT AN EXISTING SINGLE-FAMILY RESIDENCE TO A COMMERCIAL PRESCHOOL FOR UP TO 49 CHILDREN WITH FIVE (5) INSTRUCTORS AND TO INSTALL AN ON-BUILDING SIGN. THIS PROJECT IS LOCATED AT 1792 SAN JUAN STREET IN THE SUBURBAN RESIDENTIAL (R4) ZONING DISTRICT. Minutes - Planning Commission 5-22-06 - Page 1 RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3979 adopting the Final Negative Declaration and making certain findings relating to Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001, as required by the California Environmental Quality Act; and 2. Adopt Resolution No. 3980 approving Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001 for the conversion of an existing single-family dwelling into a preschool for up to 49 children with five (5) instructors and to allow an on-building sign for the use. 7:15 p.m. The Public Hearing opened. Ortlieb Presented the staff report. Nielsen Asked how many children would be allowed if this were a large family daycare. Ortlieb Responded that the State allows up to 14 children for a large family daycare. Nielsen Asked for clarification regarding the traffic study regarding whether or not the numbers represent single-trip totals during October. Ortlieb Indicated the numbers would be for single days only. Nielsen Asked for clarification as to whether or not the maximum capacity on San Juan is 6,000 trips per day. Lutz Answered that 6,000 is a comfortable capacity; 10,000 would be a lower level of service capacity. Puckett Stated that staff had adequately answered all the concerns that were put forward; and, asked if the anticipated reduction in the number of students at Veeh Elementary would be enough to account for the additional trips for the Montessori school. Lutz Stated that analysis has not been done. Lee Asked if additional landscaping is proposed at the front of the building. Minutes - Planning Commission 5-22-06 - Page 2 Ortlieb Lee Ortlieb Floyd Ortlieb Menard Donald Segretti, applicant's attorney Norman J. Suker, Traffic Engineer Nielsen Mr. Segretti Amos Chapa, 13731 Farmington, Tustin Indicated that no additional landscaping is proposed; the driveway will be extended and a disabled parking space added; landscaping currently in that area would be removed; landscaping on the side yard where the playground is planned will not change; two or three trees now existing on the site would be removed to accommodate the project, and additional trees would be placed on-site to meet the City's Landscape Guidelines. Asked if a landscape plan had been submitted. Provided the plan to Commissioner Lee for his perusal. Asked how many children are represented in the anticipated eight percent decline in students at Veeh Elementary. Indicated that number would be 38. Invited the public to speak. Stated the applicant operates a Montessori school that has been in operation for a number of years, one of three preschools in the City; the school is at San Juan and Red Hill with approximately 70 students, a number that will be reduced to 49; the lease has expired; the other preschools in the City are full; this school would be an asset to the City; and, noted the Traffic Engineer and Architect were also available for comments or questions. Indicated he performed the traffic study, reaffirmed that this school would have no significant impact on the traffic in the area, and recommended the project be approved. The traffic study was presented as a worst-case scenario; the traffic is expected to be much less. Asked Mr. Segretti if he anticipates any affect on the preschool business in the City if Proposition 82 passes. Answered that he foresees no problem. Suggested that the traffic study was incorrect because the counter was placed in the middle of the block and did not account for all the vehicles leaving; the counter did not remain for a full day; it is unusual for parents to drop off their children at 9:00 a.m., because people have to report to work earlier than that; the projected 8 percent reduction does not translate to a 8 percent reduction in traffic, because many children take buses or walk to school; 18 stop violations during one year suggest that safety will be a factor and children will be at risk; the applicant's operation may be high quality, but the location is inappropriate; there are other preschools that have spaces available. Minutes - Planning Commission 5-22-06 - Page 3 Rick Holt, 1561 West Elm, Anaheim Mark Tzeng, 3540 Wilshire #120, Los Angeles, representing the contractor 7:45 p.m. Nielsen Puckett Ortlieb Puckett Mr. Segretti Puckett Mr. Segretti Lee Stated he was attending on behalf of his mother who lives on Farmington Road; their attorney could not attend this meeting; 50 people in a 2,200 square foot house is unrealistic; the restroom structure does not meet qualifications for the amount of square footage per child; the traffic is already dangerous in the mornings; this applicant originally asked for an allowance of 24 children; that number would be acceptable; the suggested 8 percent decline in students at Veeh is a one-year projection; this use is not conducive to a residential neighborhood. Disputed the claim regarding when the children being dropped off earlier than 9:00 a.m.; 49 students will not arrive at the same time, because there will be three sessions; when the present lease expires, the current students will have no place to go; Montessori provides children with a better chance for a competitive start in life; this location next to a school, a church, and an apartment complex is excellent. The Public Hearing closed. Stated that he was opposed to this project the first time it was presented and, while he appreciates the staff and applicant responses to various concerns, he is still opposed to a 49-student school at this location. Asked how staff would address the space requirement statement made by Mr. Holt. Answered that the Department of Social Services reviews the proposal separately; the City's Building Department reviewed the plans for compliance with the California Building Code and confirmed that the design review and conditional use permit application are sufficient to move forward; architectural plans are required during plan check. Indicated the 49 students will attend on a staggered basis; and, asked what the maximum student population would be at a given time. Answered that the maximum at anyone time would be 40 students; and, added that the children are sent out to play in groups of 12. Asked if the applicant was involved with the Montessori school that existed formerly on Nisson. Answered in the negative. Asked staff if there would be a barrier between the playground and the drive aisle parking. Minutes - Planning Commission 5-22-06 - Page 4 Ortlieb Answered in the affirmative. Lee Stated his concerns were the aesthetics and landscaping of the building; perhaps a condition could be added to ensure that the property will be properly kept in good repair. Floyd Suggested that the major issue regarding the project when it came before the Commission last August was the traffic; as he stated then, he does not feel that 49 students would create an impact; 49 children do not mean 49 cars coming and going all at the same time; there are not enough preschools in Tustin and the need will grow; the location may not be ideal, but staff addressed the concerns; he supports the project. Menard Agreed with Commissioner Nielsen that this is not the perfect location for this facility; because there is a need for daycare, he supports the project; this is a land use benefit to the City. It was moved by Floyd, seconded by Puckett, to adopt Resolution Nos. 3979 and 3980. Motion carried 4-1. Director Noted there is a 7-day appeal period to the City Council; there is an appeal form and a fee; any appeal must be received before next Monday at 5:30 p.m. REGULAR BUSINESS 3. PROJECT SUMMARY. The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved, major improvement projects, and other items of interest. Director Stated the fine demolition at Prospect Village has been completed; the brick has been removed from the 191 building; the leaded glass has been removed from the center building; the cornice from the entire Italianate, A-rated structure has also been removed; full demolition of the buildings is expected to occur next week. Much of the brick was recovered and will be used in the courtyard area. The cornice was fragile and more difficult. Indicated he was pleased to see that the cornice was not as fragile as he thought it would be. Menard Director Noted that the builder's ability to incorporate the cornice into the project will be difficult; it may have to be replicated; the Historical Society may want some of the cornice. Menard Suggested that the cornice should be auctioned off. Minutes - Planning Commission 5-22-06 - Page 5 Director Stated the material will not be discarded, even though much of it is damaged, until its disposition is established. Puckett Asked what will be happening concerning Home Depot's withdrawal of the application to expand. Director Answered she spoke with a representative of the Irvine Company; Home Depot may consider expansion in the future but will not be moving forward with the City at this time. Menard Asked if the allocated square footage is available. Director Answered in the affirmative. Menard Asked about the construction on the back side of the north buildings. Director Indicated that is the Old Navy expansion. Menard Asked for verification that Old Navy did not take the allocated square footage given up by the mezzanine. Director Verified that was not the case. Nielsen Thanked staff for the tour of projects. STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE MAY 15, 2006, CITY COUNCIL MEETING. Director Reported the City Council approved the Tentative Parcel Map for the Werdin project; that project is expected to move forward very quickly. Suggested there may be a workshop prior to the June 12th Planning Commission meeting regarding office spaces in the C-2 District and also sign code issues. That will also be the Urban Land Institute week in Tustin. There may be a reception that could conflict with a 6:00 p.m. workshop, but the Commissioners should keep that time open. Puckett Indicated he will be out of town at the time of the second meeting in June. Menard Asked if the Director wished to talk about the Irvine Business Park map that was provided in the Planning Commission packets. Director Stated the document was provided as an informational item; comment letters are provided to the City Council concerning Minutes - Planning Commission 5-22-06 - Page 6 Environmental documents that are received from other jurisdictions; the document provided a summary of all the development projects around the City of Tustin, unit counts for those projects, and a summary of the unit counts. The only project that does not indicate the unit counts would be Metro Pointe, a 200-acre project area. Menard Asked if height and type of construction information is available. Director Suggested that additional information may be found of the City of Irvine's website. COMMISSION CONCERNS Nielsen Thanked staff for their hard work in preparing the staff report. Congratulated Ms. Pontious regarding the overdue recognition for her good work on the Commission and in the City. Puckett Echoed Commissioner Nielsen's comment regarding the staff report. Indicated he understands he has big shoes to fill and congratulated Ms. Pontious. Lee Added his congratulations to Ms. Pontious and thanked her for giving so much to the community and to him personally as a new Commissioner who needed the extra guidance and direction she provided; her experience and knowledge were very helpful. Reminded everyone that the Chili Cook-off takes place June 4th. Indicated his appreciation to staff for the thorough preparation of the report and the response to public concerns regarding this evening's public hearing item. Floyd Stated that former Commissioner Pontious will be missed as a friend and colleague who helped him a great deal when he was appointed to the Commission. Suggested that staff drive along Jamboree and notice the red/white/blue signs that are being put up and consider the City doing something similar. Thanked staff for the staff report. Wished everyone Happy Memorial Day. Menard Thanked Ms. Pontious for mentoring him on the Commission and the Rotary Club. Minutes - Planning Commission 5-22-06 - Page 7 Menard continued Thanked staff for the report and their responses to various concerns regarding the school. Reminded everyone that he will be cycling during the week of the State of the City luncheon and the Chili Cook-off but will be back for the next Planning Commission meeting. 8:14 p.m. ADJOURNMENT It was moved by Puckett, seconded by Nielsen, to adjourn. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, June 12, 2006, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission 5-22-06 - Page 8