Loading...
HomeMy WebLinkAboutZA ACTION AGENDA ACTION AGENDA ZONING ADMINISTRATOR MEETING JUNE 26, 2006 **** CALL TO ORDER: 10:30 a.m. Community Development Department Conference Room ROLL CALL: Elizabeth A. Binsack, Zoning Administrator Staff present: Jason Retter, Deputy City Attomey Justina Willkom, Senior Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARINGS: 1. CONDITIONAL USE PERMIT 06-005 - Authorization to temporarily place two (2) modular classrooms, one (1) modular office, and one (1) modular restroom to accommodate a temporary daycare center for sixty-eight (68) children at 365 West First Street for up to six (6) months. The proposal is in conjunction with a forthcoming proposal to convert the existing restaurant (Shakey's Pizza) into a permanent daycare center, within the First Street Specific Plan, Commercial as Primary Use, zoning district. APPLICANT: CATHY SIPIA PROPERTY OWNER: FRAZIN BASERI RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 06-005 approving Conditional Use Permit 06-005. The Zoning Administrator called the meeting to order and briefly explained the procedure to those in attendance. Zoning Administrator Agenda June 26, 2006 Page 2 The Public Hearing opened at 10:31 a.m. Justina Willkom presented the staff report. Barry Curtis, representing the applicant, indicated that he had not calculated the square footage correctly for potential outdoor activity areas; when those were recalculated, adequate outdoor activity area became available for the 68 children proposed based on Title 22 standards; the parking was changed to 90-degree on the westerly side which allowed an increase of one parking space, including the disabled parking space adjacent to the entrance to the school; the issue of separation of the workers from the play area could be accomplished by fencing the covered patio area at the front of the building to provide adequate separation for the children; the locked gates and fencing on both sides of the school with a door that will remain locked at all times will provide adequate separation between the workers and children. Mr. Curtis added that Condition 1.12 provides adequate language for ensuring the separation of children from construction activity. Mr. Curtis referred to Condition 1.8 and asked that the deadline date be extended to July 10, 2006, to allow an extra weekend to prepare the submittal. Mr. Curtis asked for the exact meaning of "off-site safety" in Condition 1.12. Mr. Curtis asked that the fence separating the residential uses from the site be a temporary chain link fence until the final conditional use permit is submitted at which a more permanent solution will be put into place. Mr. Curtis asked, regarding the trash bin referred to in Condition 2.9, if that could be a temporary enclosure. Mr. Curtis stated the use and relocation is being requested because the school is being relocated from its existing site at the request of the City; it is hoped that the City will take into account that this temporary use is not be asked for by someone new to Tustin. Jeffrey Goldfarb, also representing the applicant, commented that the amount of $10,000 referred to in Condition 1.17 could be reduced to $5,OOO-the amount listed on the lease (a copy of which was presented to staff) for removal by the lessor; indicated concem regarding the reference to "nullification of the permit'; and, further stated that the last sentence presents particular concem because the trailers are owned by another party. The Zoning Administrator stated that the presentation of a modified plan at the meeting would require further staff consideration; the number of children allowed was based on the prior plan; the July 7th date in Condition 1.8 was one week beyond the week that applicant identified for submitting the permanent conditional use permit; changing the date to the 10th would be acceptable but continuing to extend out the date of submittal is a concem for staff; regarding Condition 1.12, there is a concern about the duality of the Zoning Administrator Agenda June 26, 2006 Page 3 uses, and staff is concerned that the applicant needs to provide barriers and employ safety measures to ensure separation between the construction activities and the children and other pedestrians on the site. Mr. Curtis indicated that the words "off-site safety" are nebulous because that could mean the entire trip home from the school. The Zoning Administrator responded that the intent of the condition refers to on- and off- site within the area; and, added that the applicant is changing the nature of everything on the site by adding various other trailers in addition to the permanent building that exists; typically, staff would not be approving the modification of the circulation on the site, the way vehicles move around the site, the use of the area which was not intended to be a pick-up and drop-off area; staff does not want cars queuing into the street; staff needs to ensure that the applicant/owner does whatever is necessary to ensure that queuing does not occur; if that requires private traffic police officers, that needs to occur; the purpose of the condition is to ensure the use does not create an impact on this site, on surrounding properties, and within the right-of-way. Condition 1.17 can be modified to remove "construction" to "the trailers." It is necessary to leave the $10,000 amount; in the event the City would need to remove the trailers, it would potentially cost $5,000 plus the cost of disposal; if the owner of the trailers removes them in a timely manner, this will not be an issue. Mr. Goldfarb assured staff that the removal of the trailers will not be an issue. The Zoning Administrator indicated that Condition 2.2 can include the word temporary for the chain link fence. The trash enclosure can be of a temporary nature. Condition 1.2 makes very clear that the conditional use permit expires on December 26, 2006, as long as all the conditions are fulfilled. Mr. Goldfarb stated his concem was that someone might erroneously report a violation in one of the conditions, and, in that event, the applicant be notified and a hearing be allowed to determine whether or not a violation. He stated he assumed that "nullification of permit" relates to a situation where the City would allege there was a violation. The Zoning Administrator indicated that assumption would be correct. The permit was only requested for four months. Staff is concerned regarding the turn around involved in the request for a permanent conditional use permit; the temporary use permit does not authorize or predispose that a permanent conditional use permit will be authorized and whether the on-site improvements can be finished by December 26th. If approval is granted for a permanent use permit on the site, a request could be made that the Planning Commission extend out the deadline for a period of a couple months. Mr. Goldfarb asked how the new plan will affect the requested increase in the child count. Zoning Administrator Agenda June 26, 2006 Page 4 The Zoning Administrator proposed modifying Condition 1.10 to add at the end: "Conversely, if it can be demonstrated that additional indoor/outdoor activities space and parking spaces can be safely accommodated on-site, additional students may be permitted, subject to review and approval of the Community Development Director." Staff had indicated the number might need to be reduced based on the prior plan; the outline of the trailers did not take into consideration the accessibility; some of the other improvements that the trailers require, such as ramps, electrical, mechanical, plumbing improvements; those areas cannot be double counted; when a final plan is submitted, the numbers may change. Cathy Sipia, applicant, indicated that the State Licensing evaluator has to approve the application; everything is measured and she is told how many children she can have; ramps are considered play areas and included. The Zoning Administrator indicated there is a condition that requires a license before any occupancy can be issued. Mr. Goldfarb indicated for the record that the property owner has officially changed to Mr. and Mrs. Sipia. The Public Hearing closed at 11 :00 a.m. The Zoning Administrator approved the application with the following modifications: · Condition 1.8 modifying the date of submittal to July 10, 2004. · Condition 1.10 adding the sentence previously read into the record. · Condition 1.12 was not changed but clarifications were made on the record. · Condition 1.17 was modified to delete the reference to "construction" trailers. · Condition 2.2 was clarified but was not changed. · Condition 2.9 was clarified but was not changed. The Zoning Administrator approved Zoning Administrator Action 06-005, as amended, approving Conditional Use Permit 06-005. The Zoning Administrator indicated this is an appealable action to the Planning Commission. Any appeal must be received one week from today. REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing.