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HomeMy WebLinkAboutPC Minutes 12-11-00 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING DECEMBER 11,2000 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Present: Staff: 7:05 p.m., City Council Chambers Commissioner Pontious Chairman Kozak, Commissioners Bell, Jennings, Miller, and Pontious Chairman Kozak, Commissioners Bell, Jennings, Miller, and Pontious Elizabeth A. Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Doug Anderson, Senior Project Manager (Transportation) Lori Ludi, Associate Planner Patty Adams, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: There were no Public Concerns. CONSENT CALENDAR: 1. Minutes of November 28, 2000 Planning Commission Meeting. Commissioner Pontious moved, Commissioner Bell seconded, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: 2. Conditional Use Permit 00-032 for authorization to establish a 3,159 square foot convenience market within a commercial center. APPLICANT: MIKE AND FRANCIS ZELIG PROPERTY OWNERS: WILLIAM ZAPPAS LOCATION: 688 EL CAMINO REAL RECOMMENDATION: That the Planning Commission adopt Resolution No. 3763 approving Conditional Use Permit 00-032. The Public Hearing opened at 7:07 p.m. Patty Adams, Assistant Planner, presented the report. Commissioner Miller stated he visited the site, paced the distance from the front of the church to the front of the store, and asked if an exception could be made to the 600-foot requirement. Planning Commission Minutes December 11,2000 Page 2 The Director responded that the distance requirement is measured from the building to the property line. Any deviation would require a variance or a code amendment, and the City would have to consider the impacts on convenience stores throughout the City. Commissioner Miller stated his understanding that not all cities have such a distance requirement and asked if the Commission could grant a variance based on the physical barrier which exists. Doug Holland, Deputy City Attorney, stated the item on tonight's agenda is a Conditional Use Permit, and the alcoholic beverage issue would have to occur at a subsequent meeting. Commissioner Miller stated that the small business owner should have every opportunity to succeed and that his concern is for equal footing for everyone. Chairman Kozak noted that issue will have to be addressed at a later time and invited the applicant to speak. Frances Zelig, applicant, stated her appreciation for staff's recommending that the Conditional Use Permit be granted. The Public Hearing closed at 7:19 p.m. Commissioner Jennings moved, Commissioner Pontious seconded, to adopt Resolution No. 3763 approving Conditional Use Permit 00-032. Motion carried 5-0. 3. Conditional Use Permit 99-032 and Design Review 99-041 a request to demolish an existing commercial building and construct a commercial building to include a medical office, retail tenant space and related site amenities. APPLICANT: PAT SULLIVAN, ARCHITECT GREENBERG FARROW ARCHITECTURE PROPERTY OWNER: DR. ROBERT HELM LOCATION: 215 EL CAMINO REAL RECOMMENDATION: That the Planning Commission adopt Resolution No. 3762 approving Conditional Use Permit 99-032 and Design Review 99-041. The Public Hearing opened at 7:20 p.m. Lori Ludi, Associate Planner, presented the report. The Director added as a point of clarification that the applicant will be required to enter into an agreement with the Redevelopment Agency for spaces in the parking structure on C Street; there will be other parking spaces available as a result of the water yard redevelopment; those spaces are in close walking distance; and, staff is looking at a bank of parking within Old Town. Commissioner Pontious asked if this requires an adjustment. The Director responded negatively. Commissioner Jennings asked if this plan includes any additional parking, given more intensive use at some point. The Director answered affirmatively. Planning Commission Minutes December 11,2000 Page 3 Chairman Kozak noted that the lease agreement for parking requires a deed restriction be recorded but no such restriction covers the reciprocal access agreement. Staff responded that reciprocal access agreements are typically deed restricted but that could be specifically noted if the Planning Commission so directs. Chairman Kozak indicated that change should be made for consistency and invited the applicant to speak to the Commission. Pat Sullivan, Greenberg Farrow Architecture, stated he has been working with staff for a couple of years to get this project finalized and looks forward to getting started. Chairman Kozak asked if there is a plan to park the employment vehicle, requiring nine spaces rather than eight. Mr. Sullivan responded that he has to speak to Dr. Helm about the parking but anticipates taking the gates off to provide additional parking space. Commissioner Miller asked how the architectural style was chosen. Mr. Sullivan responded that staff and the applicant worked together to create a design similar to existing buildings on El Camino Real and Main Street. The Public Hearing closed at 7:32 p.m. The Director proposed that the following language be added to Condition 6.1 at the end of the second sentence: "The reciprocal ingress and egress agreement shall be provided between all the properties located between Second Street and Third Street. Subject to the review and approval by the Community Development Department, the applicant shall provide evidence of a recorded reciprocal access agreement prior to the issuance of demolition permits." Commissioner Pontious moved, Commissioner Miller seconded, to adopt Resolution No. 3762, as amended, approving Conditional Use Permit 99-032 and Design Review 99-041. Motion carried 5-0. Conditional Use Permit 98-025 and Design Review 98-029 for authorization to construct a 27,548 square foot church facility and preschool. APPLICANT/ PROPERTY OWNER: THE CHURCH AT TUSTIN RANCH DR. CHARLES LAMBERT, PASTOR LOCATION: LOT 7 OF TRACT 12870 LOCATED ON THE NORTHEAST CORNER OF RAWLINGS WAY AND TUSTIN RANCH ROAD RECOMMENDATION That the Planning Commission: 1. Adopt Resolution No. 3760 approving the Final Negative Declaration for the project. 2. Adopt Resolution No. 3761 approving Conditional Use Permit 98-025 and Design Review 98-029. The Public Hearing opened at 7:33 p.m. Lori Ludi, Associate Planner, presented the report. The Director referred the Planning Commission to the letter from Stephen R. Sheldon, Attorney for the Church at Tustin Ranch; clarified the points propounded in the letter; Planning Commission Minutes December 11, 2000 Page 4 and, suggested language to modify the conditions so that the applicant does not have to return for another public hearing. Commissioner Miller stated he had visited the site and suggested that a driveway at the southeast corner of the property might solve the traffic problem; and, also suggested that a cooperative agreement between churches and schools has been successfully accomplished at other locations. Doug Anderson, City Traffic Engineer, stated that staff considered two driveways at that location, and the City's concern was that the westerly driveway would present a conflict with the ingress through the gates into the private community. Commissioner Miller stated that he was referring to the southeast corner of Tustin Ranch Road. Mr. Anderson stated that Tustin Ranch Road had also been considered; the concern was that bicycles are allowed on sidewalks in this area; any driveway cuts or accesses, other than emergency or pedestrian, would impact the capacity of the roadway; and, Tustin Ranch Road, Jamboree Road and other major arterials within the City have been restricted for access. Commissioner Jennings asked about the inadequacy of the left-turn pocket on Tustin Ranch Road and what future plans are intended to alleviate that problem. Mr. Anderson responded that this left-turn pocket has been considered as a possible future capital improvement project, and the City has opted to look at the situation once the school is in operation. Commissioner Jennings asked if suggested language to be added to Condition 4.4 refers to another traffic study. The Director responded affirmatively, adding that there are limitations under state law with respect to granting a long-term reciprocal ingress/egress agreement with a private property owner. Commissioner Miller added that the Loma Vista agreement with Trinity Presbyterian is a gentlemen's agreement. Stephen R. Sheldon, Attorney for the Church at Tustin Ranch, thanked staff for their willingness to make last-minute changes and recapped the Church's efforts to work with the community. Chairman Kozak asked if staff's proposed modifications are acceptable. Mr. Sheldon responded affirmatively. Commissioner Jennings asked if a time has been set for opening the pre-school. Mr. Sheldon answered that the preschool will begin at 6:00 a.m. Commissioner Bell asked when structured activity begins. Mr. Sheldon responded that this preschool's format will be similar to other preschools in the City. Commissioner Jennings asked if the Ladera starting time is 9:00 a.m. Staff responded that grades 1-5 are scheduled to start at 8:45 a.m. Kindergarten starts at 8:00 a.m. because there are two sessions. The School Board has not definitely set these times yet but has suggested the start times will be similar to Peters Canyon; staff has allowed for flexibility in these hours. Commissioner Bell asked what the ages of the preschool children will be. Planning Commission Minutes December 11, 2000 Page 5 Steve Sheldon answered from infant to five years old. Commissioner Bell stated that crossing the parking lot with preschoolers while dealing with infants or other children may not be logistically feasible. Elain Nermon, Tustin resident and president of San Rafael Homeowners Association, offered various comments and suggestions to solve the anticipated traffic congestion. Commissioner Jennings asked how high the lights are going to be at Ladera. Ms. Nermon indicated negotiations with the School Board resulted in 12 feet. The Public Hearing closed at 8:19 p.m. Chairman Kozak asked for staff input regarding the above matters. Doug Anderson, responding to Ms. Nermon comments, indicated the City is not in favor of an additional driveway cut on Tustin Ranch Road and noted the City's concern related to bicycle and vehicular traffic conflicts. Commissioner Bell asked from where the students feeding Ladera will be coming. The Director answered that this has not yet been determined. Commissioner Pontious suggested that dealing with these uncertainties might be better dealt with after the school is open and conditions are known. Commissioner Jennings referred back to the height of the lights. The Director answered that Condition 2.34 limits the height of the fixture to 20 feet. Chairman Kozak summarized the foregoing issues and asked for further public input. The Public Hearing reopened at 8:28 p.m. Ms. Nermon returned to the podium and referred to the attendance boundary issue. Chairman Kozak remarked that everyone is concerned for the safety of school children; there are engineering and planning reasons for disallowing access from a major arterial highway; and, supported limiting access from Rawlings Way. Steve Sheldon summarized: there is a student drop-off on Township Drive for community residents; he would support the curb cut on Tustin Ranch Road and suggested this could be incorporated into a future study; the streetlights on Rawlings are 30 feet high and already cast light into the homes; the Church is not above grade as earlier suggested; the lights are shielded by the school; and, the height should not be lower than 20 feet. Doug Anderson stated the City is willing to investigate a curb cut at Tustin Ranch Road after the traffic normalizes and the boundaries are defined. Chairman Kozak agreed that these items may need to be addressed in the future and referred to the height of the lights, asking if present technology would allow for the 20- foot height. The Director answered that the 20-foot limitation would not have an impact on the surrounding uses because the standard requires the light be directed down. The Public Hearing closed at 8:38 p.m. Commissioner Pontious stated that, given the applicant's comments, the technology allows for the 20-foot height without impacting the neighbors. Planning Commission Minutes December 11,2000 Page 6 Chairman Kozak asked the Director for language for modifications. Commissioner Miller moved, Commissioner Pontious seconded, to adopt Resolution No. 3760 approving the Final Negative Declaration for the project, as amended to be consistent with Resolution No. 3761. Motion carried 5-0. Commissioner Jennings moved, Commissioner Pontious seconded, to adopt Resolution No. 3761 approving Conditional Use Permit 98-025 and Design Review 98-029 with the following modifications: Condition 4.1A, the first three sentences to read as follows: "The vehicle drop-off hours for the preschool are prohibited between 8:15 a.m. to 9:00 a.m. If a child is being dropped off at the adjacent elementary school, a child for the preschool may be walked over to the preschool site. The vehicle may not enter the preschool parking lot." Condition 4.2, the first sentence to read as follows: "Written disclosure and acknowledgement of the restricted vehicle drop-off schedule shall be submitted for review and approval by the Community Development Department." Condition 4.4 to read as follows: "Subject to written approval of the Director of Community Development, in consultation with the City's Traffic Engineer, if the traffic conditions permit on Monday through Friday from 9:00 a.m. to 7:00 p.m., the sanctuary may be used simultaneously with the preschool and office uses." Motion carried 5-0. REGULAR BUSINESS: 5. Suggested dates for Planning Commission Workshops. The Planning Commission unanimously agreed to move forward with the dates and topics suggested by staff. STAFF CONCERNS: 6. Report on Actions taken at the December 4, 2000 City Council Meeting. Presentation: Elizabeth A. Binsack, Community Development Director Reported that the November 7th election was declared and new Councilmembers were sworn in on December 5, 2000. The Director referred to the Zoning Administrator's approval of the Holt Avenue conditional use permit modification which eliminated the requirement for the property owner to install a sidewalk; a proposal has gone out for bid for citywide sidewalk and gutter improvements, however, the City will propose a change order to the original contract to include the sidewalk along Holt Avenue; sidewalks will not be accomplished simultaneously with the property owner's improvements but will be done in 2001. COMMISSION CONCERNS: COMMISSIONER JENNINGS - Stated that the building next to Albertson's on Newport Avenue has plywood over one of the windows and looks bad. - Noted that the Friendly Hills sign in Packer Square has the word 'q'albert" covered with unsightly blue tape. COMMISSIONER BELL - Asked if there is anything new on the Tustin Lanes paint job. Planning Commission Minutes December 11,2000 Page 7 The Director responded that staff has been working with the manager who will be providing new schematics for staff's consideration. - Asked if the Planning Commission will be dark December 27, 2000. The Director answered affirmatively. - Wished everyone happy holidays. COMMISSIONER PONTIOUS - Wished everyone happy holidays. COMMISSIONER MILLER - Wished everyone Merry Christmas. - Compared the paint job at Tustin Lanes with the color scheme at The Market Place and asked why Tustin Lanes must change their palette. The Director responded that the colors at The Market Place were approved by the Planning Commission; the color scheme at Tustin Lanes was not. CHAIRMAN KOZAK - Thanked everyone for his/her hard work during 2000. - Referred to conference information he received from the Local Government Commission and provided staff with a printout downloaded from the Internet; the conference takes place in San Diego January 19 and 20, 2001, and might be beneficial for Planning Commissioners to attend. - Referred to stickers on public direction and street signs and asked that the Public Works Department staff remove them. Wished everyone happy holidays and new year. ADJOURNMENT: Commissioner Pontious moved, Commissioner Bell seconded, to adjourn the meeting at 8:57 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on January 8, 2001, beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. S~'epl~. Kozak Chairman Elizabeth A. Bins~c[~ v- Planning Commission Secretary