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HomeMy WebLinkAboutPC Minutes 10-08-01 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 8, 2001 7:05 p.m. Given All present Staff present Approved; one abstention Adopted Resolution Nos. 3805 and 3806, as amended Ludi Hamilton Ludi CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attomey Scott Reekstin, Senior Planner Lori Ludi, Associate Planner Eloise Hards, Recording Secretary PUBLIC CONCERNS -- None CONSENT CALENDAR Minutes of September 24, 2001, Planning Commission meeting. It was moved by Davert, seconded by Hamilton, to approve the Consent Calendar. Motion carried 4-0. Chair Pontious abstained. PUBLIC HEARINGS CONDITIONAL USE PERMIT 01-025 AND DESIGN REVIEW 01-031 A REQUEST FOR AUTHORIZATION TO CONSTRUCT A 14,500 SQUARE FOOT CHURCH FACILITY. THIS PROJECT IS LOCATED AT THE NORTHEAST CORNER OF RAWLINGS WAY AND TUSTIN RANCH ROAD IN THE EAST TUSTIN SPECIFIC PLAN - COMMUNITY FACILITY ZONING DISTRICT. Recommendation: That the Planning Commission: 1. Adopt Resolution No. 3805 approving the environmental documentation for the project. Adopt Resolution No. 3806 approving Conditional Use Permit 01-025 and Design Review 01-031. Presented the staff report; and, added that the applicant requested before the meeting that the hours of operation be extended to 10:00 p.m. Asked for clarification on the rationale behind the Monday through Friday, 6:00 p.m. to 9:00 p.m., limitation in Condition 4.5. Answered this condition refers to any type of assembly use: Bible study, classes, any special worship services, Minutes - Planning Commission October 8, 2001 - Page I Hamilton Pontious Ludi Pontious Ludi Davert Kozak Davert Jennings Director Davert etc.; and, stated these hours have been extended to 10:00 p.m., including Saturdays and Sundays. Stated that limiting the use to 10:00 p.m., especially on Sunday, seems illogical. Suggested that amending the condition to Monday through Friday "evenings" might be appropriate. Answered there is a provision in Condition 4.7 allowing for special services that might go past the schedule of uses staff has provided. Asked if that would require a temporary use permit. Indicated that has been the procedure. Stated his agreement with Commissioner Hamilton; indicated that Trinity offers a program during the day for stay-at-home mothers and preschoolers that would be precluded under this condition; expressed his concern regarding the conditioning of specific services; at other churches, some activities for the teenagers last until midnight which seems more appropriate than having young people in the malls, Tustin Market Place, etc.; and, stated that, as long as there are not more than 200 cars in the parking lot, the Planning Commission should not be concerned about whether the people are in certain buildings. Agreed that, in building a church community, flexibility should be allowed for serving needs known now and needs to be discovered in the future; and, suggested there are probably eight parking spaces that can be added to the site plan in order to mitigate or remove the simultaneous use restrictions. Stated that the landscaping requirements seem severe; and, suggested substituting parking spaces for some of the interior landscaping--specifically, there are several trees that will have to be cut down if the planned expansion takes place. Asked if these conditions require that when the nine spaces are being used by the church office staff on Monday through Friday, other activities are disallowed in the sanctuary. Replied that is the way the condition is written; the Commission can eliminate the uses and the hours; typically, when there is no framework in place, the numbers are not moved in and out appropriately because some services are more popular than others, etc.; the Commission can identify under Condition 4.3 that the maximum number of occupants in the sanctuary, classrooms, and/or offices shall be 723; Condition 4.5 could be amended to read 'q'he uses and events at the facility shall be limited to 8:00 a.m. to 10:00 p.m. daily"; if there are problems in the future, Condition 4.6 is designed to address those and allow the Commission to reconsider the application. Reiterated his concern regarding restricting youth activities to 10:00 p.m. Minutes - Planning Commission October 8, 2001 - Page 2 Pontious Hamilton Davert Director Davert Pontious Director Davert Jennings Director Pontious Jennings Director Holland Pontious Kozak Joel Columbo, architect for the project Suggested moving the restriction to 1:00 a.m. Agreed with Commissioners Davert and Pontious regarding time suggestions; and, stated he talked with Dr. Chades Lambert, Brent Rallo, and Roger Suthedand on his way into the meeting this evening. Indicated he had also spoken on numerous occasions with the gentlemen referred to above; and, asked if, under Condition 4.7, applicant would be required to obtain a temporary use permit to hold an all-night function at the facility. Responded affirmatively; and, added that the Commission could state parameters within this application which would eliminate the need for a temporary use permit. Stated his understanding that there is a concern regarding setting a precedent and not wanting to create abuses, but a church presents special circumstances. Referred to Condition 4.6 which allows the Commission to monitor parking, traffic, and noise problems and to require mitigating measures if problems occur. Offered the suggestion to strike the hours altogether. Answered that would be his preference, so long as the Commission has enforcement rights if there is a problem. Asked if Tustin Presbyterian Church has these kinds of restrictions. Answered that approval was granted quite some time ago; more recent approvals for churches have similar restrictions primarily related to parking and the associated residential uses that are adjacent to the site. Noted this issue was a concern when this applicant came through the first time because of the size; when applicant comes back with Phase 2, this issue can be revisited. Remarked that the eadier application created concerns in terms of the preschool traffic which was a much bigger issue. Stated that, if the Commission had formed a consensus to eliminate the hours, staff would remove Conditions 4.2 and 4.5 and the hours section of Condition 4.3. Asked if there are any other sections that refer to limitations on uses. Referred to Condition 4.3, suggesting the second sentence should be removed. Reiterated the possibility of finding eight more parking spaces on this site plan. Stated the applicant's desire is to have all the original entitlements granted in the eadier application when the project was much larger, including the preschool and the Minutes - Planning Commission October 8, 2001 - Page 3 Davert Director Davert Mr. Columbo Kozak Mr. Columbo Davert Mr. Columbo Davert Mr. Columbo Director same hours of use with the expansion of the time; while there is no preschool now, the applicant would prefer to continue the right to open a small preschool; the increased landscaped area and the tree count is the same as it was in the original entitlement; with the increased grass area, the ratio of trees to landscape area has increased also; applicant would prefer not to cut down trees when Phase 2 becomes a reality; the Irvine Company Development Review asked the applicant for a more intensified plant palette than the Tustin ordinanco this palette is expensive and presents a heavy burden for a nonprofit church to bear; applicant would prefer to use the grass areas for playgrounds; since this is a church, open hours should be longer to facilitate the Federal government's request to use churches as an option for citizens to visit and find solace during these trying times; keeping teenagers in a controlled environment would be a proper use of a facility such as this; the community supports this church; providing some flexibility in these areas would allow the applicant to better serve the community. Asked staff if the preschool issue is a part of this application. Replied that it is not. Stated his inclination to grant relief on the hours and the landscaping and perhaps following Commissioner Kozak's suggestion of extracting additional parking spaces. Indicated that possibility would suit the applicant. Pointed out on the site plan the areas which appear most suitable for additional parking. Noted that the critical aspect of this suggestion is not to increase cost; stated the parking is the same as it was in the original application which should provide ample parking up until the start of Phase 2; and, proposed reviewing that condition during Phase 2 rather than now. Asked Mr. Columbo what he was proposing that is different from the table in the staff report. Answered the applicant would like to use the same numbers that were used before the seven percent increase; the applicant would prefer sod and shrubs rather than trees. Asked if those suggestions are reflected in the site plan. Answered in the affirmative. Provided the following modifications: 1. Condition 5.1: "A minimum of 241 off-street parking spaces shall be provided." 2. Eliminate Condition 4.5. 3. Maintain Condition 4.4. 4. Modify Condition 4.3 to read: "The facility shall be limited to assembly uses for church and associated services, Sunday school, and office uses." The second sentence will be eliminated. The last sentence will read: Minutes - Planning Commission October 8, 2001 - Page 4 Davert Columbo Steve Shelton, representing the applicant Director Pontious Holland Davert Director Davert Holland "The maximum number of occupants on the premises shall be 723 and/or whatever future parking can accommodate." Eliminate Condition 4.1. Condition 3.1 modified to read: "The applicant shall comply with the City of Tustin Landscape and Irrigation Guidelines. Areas adjacent to the east and west sides of the building may be planted with a sod or similar material." Asked Mr. Columbo if the applicant understands and approves of the suggested modifications. Asked Mr. Shelton to speak. Stated that, even though this project was not noticed to include daycare, an entitlement exists from the odginal use permit; the applicant is willing to reduce the size of the daycare; there should be a route to maintain those entitlements from last year. Noted that this amendment does not apply to all the entitlements of the first application; daycare was eliminated from the original application; the applicant would have to submit a different application to address the daycare issue. Stated there were many issues in the odginal application not addressed in this application. Stated that the critical issue is the simultaneous use concern which was tied to the traffic; there is no description of that sort of use presented here; if an applicant came in for a conditional use permit for daycare facilities indicating that use was intended to be ancillary to the other kinds of uses and the general occupancy would not exceed the numbers that have already been approved and would be used in that context, it would probably move through without major problems. Asked if that would require Planning Commission review or be accomplished at the staff level. Responded that could be handled at the staff level, provided it was consistent with the spirit and intent of the original approval; however, that does not sound like what is being requested here. Stated his belief that all these issues need to be discussed; if the Commission feels a conditional use permit would be required, that should be addressed; perhaps there is some distinction between community care licensing and care for youngsters during church services. Noted that staff has not discussed all the issues; perhaps the application should be continued for two weeks in order for staff to reconnoiter, but the intent is to move the project forward; the idea of a limited nursery-type use while someone is using the facility is an ancillary use to the church itself, which might not qualify as daycare; under the former application, that was not what was being discussed. Minutes - Planning Commission October 8, 2001 - Page 5 Mr. Shelton Pontious Davert Mr. Shelton Director Holland Jennings Pontious and Davert 7:55 p.m. Approved, with a recommendation that the City Council resolution be amended to allow for a periodic review of the rate schedule by the Director of Community Development Stated that he appreciated staff's working with the applicant; there is an underlying conditional use permit for 250 students; perhaps the applicant could reduce that number to 125 or 100; the applicant does not want to go through the whole application process again for a daycare facility; the applicant is willing to work with staff to reach a compromise. Stated her discomfort with this suggestion. Agreed that daycare should not be considered beyond what the Deputy City Attorney stated as an ancillary use; and, indicated a continuance might be necessary for staff to consider all the aspects of the applicant's proposal. Stated the applicant would rather move forward; and, asked staff to recapitulate the modifications. Condition 3.1 would be modified to read: "The applicant shall comply with the City of Tustin Landscape and Irrigation Guidelines. Areas adjacent to the building on the west and east elevations may be planted with sod of similar material." The entire table will be eliminated. Condition 4.1 will be eliminated. Condition 4.2 will be eliminated. Condition 4.3 will be modified to read: "The facility shall be limited to assembly uses for church and associated services, Sunday school, and office uses. The maximum number of occupants on the premises shall be limited to 723 and/or whatever future parking can accommodate." The chart will be eliminated. Condition 4.5 will be eliminated. Condition 5.1, second sentence, to read: "A minimum of 241 off-street parking spaces shall be provided." Stated the only change he would like the Commission to consider is to the condition that says "such additional parking" to read "such additional occupants as the parking would accommodate as determined by the Director." Asked if the childcare issue is being considered as ancillary. Answered affirmatively. The Public Hearing closed. It was moved by Davert, seconded by Jennings, to adopt Resolution Nos. 3805 and 3806, as modified. Motion carried 5-0. CODE AMENDMENT 01-004 TO AMEND SUBSECTION G OF SECTION 9405 OF THE TUSTIN CITY CODE RELATING TO ABATEMENT OF ILLEGAL SIGNS IN THE PUBLIC RIGHT-OF-WAY. THIS IS A CITYVVIDE PROJECT WITHIN PUBLIC PROPERTY AND EASEMENTS. Minutes - Planning Commission October 8, 2001 - Page 6 RECOMMENDATION: That the Planning Commission: Adopt Resolution No. 3807 recommending that the City Council approve the Negative Declaration for the project. Adopt Resolution No. 3808 recommending that the City Council approve Code Amendment 01-004. 7:58 p.m. The Public Hearing opened. Reekstin Presented the staff report. Davert Expressed his enthusiasm for this Code amendment. Hamilton Agreed that this amendment is a good idea; and, asked what would happen to the occasional offender who is unaware of the Code. Director Answered that the large percentage of people targeted by this amendment are repeat offenders; violations are investigated on a case-by-case basis; this is a cost recovery, not a punitive, action; staff is enlisting the aid of the Volunteer Academy though the Police Department which will provide additional sign removal. Davert Stated it is important to have a rule of law that is enforced appropriately; for the casual violator, the expense will be minimal; it is the repeat offenders who will be affected. Jennings Asked if this amendment will address the proliferation of garage sale signs and election signs. Pontious Noted that different regulations govern political signs. Director Added the Code covers a wide variety of political sign issues. Holland Stated the City must consider what kinds of signs are permitted in the public right-of-way; the City Attorney's office will be making recommendations to the City Council. Jennings Indicated that the Citizens' Academy advised participants that patrol cars pick up these signs. Director Suggested patrol officers may be picking up those signs creating an immediate hazard or line-of-sight problem. Kozak Offered the suggestion that since the rate schedule is going to be set by resolution, perhaps a periodic review by the Community Development Director allowing for the possibility of cost increases in the future should be included in the City Council resolution; asked if telephone poles, stakes in the ground, traffic signals, directional signs, utility boxes, etc., are sites considered for sign removal; and, stated that signs are becoming more offensive (example: pimpit.com). Davert Noted that sort of advertising could be considered vandalism. Minutes - Planning Commission October 8, 2001 - Page 7 Director Kozak 8:15 p.m. Director reported Director Jennings Davert Hamilton Kozak Stated that sort of advertising is both; this amendment does not modify the City's extremely broad definition of a sign; those types of advertising could be removed under this amendment. Offered the suggestion that stickers being pasted on stop signs, no left turn signs, etc., should also be included since they advertise a vendor who is receiving a financial benefit from those stickers. The Public Hearing closed. It was moved by Davert, seconded by Kozak, to adopt Resolution Nos. 3807 and 3808, with the modification to the City Council resolution suggested by Commissioner Kozak. Motion carried 5-0. STAFF CONCERNS REGULAR BUSINESS - None Report on Actions taken at the October 1, 2001, City Council meeting. The City Council adopted the Amendment allowing vehicular and pedestrian gates at the entrance of the Sedona Tract. The City Council continued the Aboveground Utility Facilities Ordinance to October 15, 2001. Reminded the Planning Commissioners that the Planning Officials Forum is this Thursday, October 11, 2001; specific information was provided in their packets. Reminded the Commissioners that the second October meeting of the Planning Commission has been cancelled. COMMISSION CONCERNS None Stated he had a great time at Tustin Tiller Days--another fantastic parade, another fantastic event, another day of great weather. Stated that as we approach Thanksgiving, he wanted to thank staff for their continuing hard work. Echoed Commissioner Davert's remarks about Tustin Tiller Days. Stated there were signs along Newport Avenue and Irvine Boulevard advertising "BasicProfits.com" and asked that those signs be removed. Thanked staff for the update on the sign ordinance. Presented for the record the following excerpt from a letter signed by the Rigbys of Acorn Naturalists: "We would like to express our sincere appreciation for the work of Elizabeth Binsack throughout the planning process. She is a dedicated professional who watches out for the best Minutes - Planning Commission October 8, 2001 - Page 8 Pontious 8:29 p.m. interests of the City while allowing sensible discussions to take place over design rules. The City is very fortunate to have someone of her caliber as Director of Community Development." Commissioner Kozak added that, although the letter mentions the Director by name, he felt the remarks applied to everyone on the staff. Shared that during her recent visit to Great Britain she stayed at a little inn outside Aberdeen where she noticed a local newspaper with an article reporting on the local Planning Commission and found it very interesting to read that planning circumstances/problems there seemed very similar to those here. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 13, 2001, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsac~ ' Planning Commission Secretary Chairperson Minutes - Planning Commission October 8, 2001 - Page 9