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HomeMy WebLinkAboutPC Minutes 01-10-94MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JANUARY 10, 1994 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Weil, Baker, Stracker Absent: None Butler, Kasalek and PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdic- tion of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALLMATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the December 13, 1993 Planninq Commission meetinq. Commissioner Baker asked if it was correct that Commissioner Weil had no Commission Concerns at the December 13, 1993 meeting. Commissioner Weil affirmed. Kasalek moved, Butler seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. 2. Conditional Use Permit 93-018 APPLICANT/ OWNER: LOCATION: ZONING: ROLLO S. PICKFORD, PASTOR RED HILL LUTHERAN CHURCH 13200 RED HILL AVENUE TUSTIN, CA 92680 13200 RED HILL AVENUE PUBLIC AND INSTITUTIONAL (P & I) ----T -1 tm 't -n---' Planning Commission Minutes January 10, 1994 Page 2 ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 11), PURSUANT TO THE PROVISIONS OF SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO AUTHORIZE A NEW MONUMENT SIGN AND MODIFY THE PARKING LOT AREAS OF THE RED HILL LUTHERAN CHURCH FACILITY Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 93-018 by adopting Resolution No. 3225, as submitted or revised. Presentation: Becky Stone, Assistant Planner Staff added Conditions 2.4 and 2.5 to Resolution No. 3225, as moved. Commissioner Kasalek asked about the requirement limiting the number of children in the Sunday School program. Staff replied that the Sunday School program is operated concurrently with the sanctuary use which has a certain number of seats inside; that there is one parking space for every three seats plus 15 spaces over the requirement; but they must limit their use to one parking space per 8 children as required by the Code; that there are now 40 children in the program and this requirement would allow for approximately 100 children. The Director stated that this was consistent with the parking programs of other churches. Commissioner Stracker stated that some churches have a drop-off program for Sunday School children. The Public Hearing was opened at 7:10 p.m. David Baab, member of Red Hill Lutheran Church, stated that the sanctuary occupancy is 581 seats, but approximately 200 attend, and about 40 children attend the Sunday School program; that it would be a problem if the sanctuary was filled each week, but it is hardly ever full; and complimented staff on their involvement in the project. Commissioner Butler asked if they would relocate the sign. Mr. Baab replied that it depended upon the costs involved. Commissioner Baker stated that it was only difficult to see the sign coming from Irvine; asked if they would be tearing down the house adjacent to the church. Mr. Baab replied that tearing down the house may be considered in the future. The Public Hearing was closed at 7:16 p.m. Commissioner Kasalek asked if Public Works Department had any concerns regarding visual clearance. Staff replied that visual clearance was not a problem where it is located now; and referred to Condition 4.1 regarding relocation and dedication. Commissioner Stracker asked when the dedication would be obtained. Planning Commission Minutes January 10, 1994 Page 3 Staff replied that they hoped the applicant would relocate or rebuild the sign at this time, but, if not, the City would take an offer of dedication requiring them to remove it when the irrevocable offer was called in. Commissioner Butler moved, Baker seconded to approve Conditional Use Permit 93-018 by adopting Resolution No. 3225 revised as follows: Opening paragraph, after "A NEW MONUMENT SIGN," insert "OR THE RELOCATION OF THE EXISTING MONUMENT SIGN," I.A. after "a new monument sign" insert "or to relocate the existing monument sign," Exhibit A, Page 2, Insert new items 2.3 through 2.6 to read as follows: "(4) 2.3 Submit for plan check complete plans for the monument sign including the following: a o An elevation of the sign showing the dimensions of the sign, the dimensions of the sign's supporting members, the maximum and minimum height of the sign above existing or proposed grade level, sign copy, proposed lettering and background color. b o A dimensioned site plan showing the proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. C o A sign plan indicating the scope and structural detail of the work to be done, including details of all electrical and mechanical connections, supports and footing and materials to be used. (4) 2.4 In the event that the existing monument sign is relocated to the proposed new monument sign location near the northerly driveway, the existing monument sign shall be reconstructed to meet the 1991 Uniform Building Code requirements, and all requirements of the Tustin Sign Code. Should the existing monument sign materials, including the base or sign can, be damaged or worn, such materials shall be replaced or repaired subject to the approval of the Community Development. (4) 2.5 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant material in their actual location. The plan and table must list botanical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-ways area, sidewalk widths, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant materials during plan check. Note on landscaping plan that coverage of landscaping irriga- I-'" i Planning Commission Minutes January 10, 1994 Page 4 (4) 2.6 tion materials is subject to field inspection at project completion by the Department of Community Development. Landscaping materials shall be provided on the westerly elevation of the trash enclosure to adequately screen the trash enclosure wall from the public right-of-way, subject to the Director of the Community Development Department's approval." o Conditional Use Permit 93-007, Design Review 93-003 and Use Determination 93-006 APPLICANT/ OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TUSTIN, WITNESSES 17521 ORANGE TREE LANE TUSTIN, CA 92680 LOT 20, C AND D OF TRACT 13627 PLANNED COMMUNITY - EAST TUSTIN SPECIFIC PLAN LAND USE DESIGNATION: COMMUNITY FACILITY UNDERLYING MEDIUM-DENSITY RESIDENTIAL CALIFORNIA CONGREGATION OF JEHOVAH'S WITH THIS PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO CONSTRUCT A CHURCH FACILITY, MINISTER'S LIVING QUARTERS AND RELATED SITE IMPROVEMENTS. Recommendation - It is recommended that the Planning Commission: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3220. 2. Approve Conditional Use Permit 93-007 and Design Review 93-003 by adopting Resolution No. 3221, as submitted or revised. Presentation: Becky Stone, Assistant Planner Commissioner Kasalek referred to a typographical error on Page 12 of Exhibit A indicating a drive aisle off Patriot Way. Staff changed, as moved. Commissioner Stracker asked if it was reviewed as to whether there would be any problems with fire vehicles entering and exiting during a service; and noted that the left-turn pocket looked short. Staff referred to the exhibit on Page 11; that the capacity was 56,300 vehicles; that they anticipated 15,000 vehicles and should operate efficiently. The Public Hearing was opened 7:22 p.m. Mr. Bob Sharp, 732 S. Rosalind Drive, member of the congregation, stated that he appreciated staff's work on the project and that it was a fine report. Mr. Chris Tolbert, minister from the congregation, stated that the Kingdom Hall would be used by 150 members; that there are counsel- ing rooms, but everyone gathers in the auditorium when the service convenes; that there are no day care facilities, nor bingo. Commissioner Weil commented that there were no kitchen facilities. Mr. Tolbert affirmed and stated that they do not prepare food. Planning Commission Minutes January 10, 1994 Page 5 Mr. Sharp referred to Page 3, stated that they would like to construct the Hall in one weekend and asked if the quick build program would be a problem since they are surrounded by the fire station, an empty lot, and a proposed school site. The Director replied that the condition referred to replicates the Noise Ordinance; that work has been granted on weekends by the Building Official, but since noise carries, the permit would be revoked upon one complaint; and that they must request a weekend work permit on the Friday afternoon before the work. Commissioner Baker asked about Building Official inspections. Mr. Sharp replied that they usually set up schedules and overtime pay for inspectors. The Director replied that the City policy allows weekend work that does not require inspection; that this is an operational policy that she does not recommend changing; and that the Building Official is not allowed to work on weekends. Commissioner Weil asked if the work is done off-site; and why the work is done on weekends. Mr. Sharp replied that some work is done off-site; that it is done on weekends due to the availability of the workers who are usually their own volunteer people. The Director stated that the City has had numerous fast tract projects, i.e. Micro Center. Commissioner Stracker asked about exceptions if the applicant is willing to pay extra. The Director replied that they will accommodate early morning and late afternoon call outs, but not weekends. Mark Lahfdany, 3156 Foothill Blvd., La Crescenta, stated that there is nothing in the Conditional Use Permit or Conditions of Approval to preclude them from proceeding; that a Kingdom Hall used to take 12-15 months, but the Watchtower Society has organized a program nationwide where Kingdom Halls are constructed by volunteers; that there is nothing in 4.1 or 4.2 prohibiting the negotiation of an agreed procedure with the Building Official; and asked if the CUP would prohibit the Building Official from negotiating an agreement on a case-by-case basis. Commissioner Weil stated that City policy is not spelled out in a CUP. The Director replied that the Condition could not be altered to modify the codified authorization for noise enforcement; that the Building Official is assigned that authority; that it is open to negotiation with the Building Official, but that the Building Official cannot waiver from items that are prohibited; that a determination has to be made as to whether work would be authorized each weekend; and that the findings have to be made by Code provision. Mr. Lahfdany stated that the building site looks like any other site, but is a very organized effort of labor in a short period of time; that there might be 350-400 volunteers who are professionals in their field, i.e. plumbers, roofers, electricians; that they do not create a negative impact on a community. He continued with Planning Commission Minutes January 10, 1994 Page 6 asking for clarification of Condition 8.2 regarding water service requirements. The Director replied that water service is required for fire suppression when framing. Mr. Lahfdany stated that they have been paying property taxes for three (3) years; that once a permit is issued for construction of a religious facility, they can exercise their right to a tax-exempt status and would like to secure a permit for construction in the name of the owners. The Director replied that the Orange County Fire Department is the only authority over this condition. Mr. Lahfdany asked the specific intent of the underground piping. The Director replied that it is for on-site fire extinguishing systems; that underground piping is required, and that the Fire Department could reply as to how far onto the site it is required. Mr. Lahfdany asked if this verbiage would be the same even if this was not a Conditional Use Permit. The Director replied that it is a standard condition for issuance of a building permit. Commissioner Weil asked how inspections would affect the building if not allowed on weekends. Mr. Lahfdany replied that there would be no work performed without appropriate inspections; that if City inspectors are not available on an off-hour paid basis, then they could offer to hire a State Certified Building Inspector who would be on-site when the City Official is not available; that there are only five (5) minor inspections done on weekends, i.e., drywall nailing, lathing, ply- wood nailing; that the major structural, plumbing, hydraulic fire sprinkler tests, and electrical inspections would be done midweek. The Director stated that the City does work with conditions where the Building Official would agree to appoint a State Certified Inspector that the applicant would pay for; that they do not use City Inspector crews that are unsupervised; that there are overtime and liability issues to consider. Commissioner Butler asked if they work on Sundays. Mr. Lahfdany replied that their schedule on Sundays is modified with a break for religious services; gave a simple listing of their schedule; that they work through the night painting the last weekend; that noisy work would be done between 8:30 and 5:00. Commissioner Weil asked for a definition of noisy work. Mr. Lahfdan¥ replied that it was similar to a neighbor installing a fence with 100 helpers. Commissioner Butler asked when they would start. Mr. Lahfdan¥ replied that they would like to begin as soon as entitlement is expedited and build within this calendar year. Commissioner Stracker asked how their maintenance is performed after the project is built. Planning Commission Minutes January 10, 1994 Page 7 Mr. Lahfdany replied that it is managed by the members of the congregation on a volunteer basis; major maintenance is assisted by his group, Watchtower Bible and Tract Society of New York; and that they are well maintained sites. The Public Hearing was closed at 7:50 p.m. Commissioner Stracker commented that a large issue for that area is maintenance since it is a gateway to the City. Commissioner Baker stated that it will be fascinating to see the building constructed so quickly. Commissioner Butler stated that he had a confidence in the Building Inspectors and staff and that it will be done appropriately; and wished them the best for the project. Commissioner Baker moved, Kasalek seconded to approve the Environmental Determination for the project by adopting Resolution No. 3220. Motion carried 5-0. Commissioner Baker moved, Kasalek seconded to approve Conditional Use Permit 93-007 and Design Review 93-003 by adopting Resolution No. 3221, revised as follows: Exhibit A - Initial Study, Page 12, Item 13, changed occurrences of "Patriot Way" to "Pioneer Way". Motion carried 5-0. OLD BUSINESS: City of Tustin General Plan Revision and Final Program Environmental Impact Report APPLICANT: ENVIRONMENTAL STATUS: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CALIFORNIA 92680 DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO. 92101104) -REVIEW PERIOD CLOSED Recommendation - It is recommended that the Planning Commission: 1. Recommend that the City Council certify Final Program Environmental Impact Report 94-01. 2. Recommend approval to the City Council of General Plan Amendment 94-01, updating all elements of the Tustin Area General Plan with incorporation of the Errata to General Plan documents. Presentation: Rita Westfield, Assistant Director Commissioner Kasalek noted housekeeping corrections on Page A-12 regarding energy use. The Director responded that Page A-12 should read, "in the planning area," since it reflects the development activity in the area. The Assistant Director corrected Page A-12 of Exhibit A, as moved. Commissioner Kasalek asked about Item 14 of Page 6 of the Errata. The Director replied that originally 1537 units were reported by the Marine Corps, but that the Headquarters of the Commander and Assistant Commander had not been included, and must be added. ]-[!-I' I II -- Planning Commission Minutes January 10, 1994 Page 8 Commissioner Kasalek asked if the corrections had been made in LU4 and the EIR. The Assistant Director replied that everything will be corrected including the final total number. Thomas McCauley, speaking on behalf of the FCA, permission to submit a letter from the Association. asked for Lois Bobak, City Attorney suggested that the letter be submitted to staff for the City Council meeting next Monday; that she is concerned about accepting additional evidence into the record since the Public Hearing is closed. Commissioner Butler asked if the letter should be identified as received. Lois Bobak stated that receipt of the letter has been recorded and will be forwarded to the City Council; that the public record has been closed offering no opportunity for other members of the public to comment on the subject until the Public Hearing. She stated for the record that a letter was received from Foothill Community Association dated January 10, 1994, addressed to the chairperson of the City Planning Commission and will be forwarded to the City Council for their consideration on Monday, January 17, 1994. Commissioner Stracker noted a typographical error in Condition 5.3- 5, and suggested changing "approves" to "process." Staff made the correction, as moved. Commissioner Stracker asked if it was usual to have a separate Mitigation Monitoring Program as a separate document. Commissioner Weil congratulated Cotton Beland on a good job; and asked if larger section tabs could be included in the final binding; and commented that the responses to comments in Section 9 of the EIR was easy to read due to the side by side comparison. The Director affirmed. Commissioner Butler moved, Stracker seconded to recommend that the City Council certify Final Program Environmental Impact Report 94- 01 revised as follows: Exhibit A, Page A-12, ENERGY/UTILITIES, delete first paragraph and add the following: "Siqnificant Effects - Implementation of the General Plan will cause increases in the demand for electricity and natural gas. Electrical use will increase by approximately nine percent in the incorporated City of Tustin and 11 percent in the Planning Area. Natural gas uses will increase by 27 percent in the Planning Area and six percent in the unincorporated County area. Water service infrastructure must be extended into presently vacant acres before they are developed. Buildout of the General Plan will increase daily water consumption by 27 percent in the Planning Area and two percent in the unincorporated area." Motion carried 5-0. Commissioner Baker moved, Stracker seconded to recommend approval to the City Council of General Plan Amendment 94-01, updating all elements of the Tustin Area General Plan with incorporation of the Errata to General Plan documents. Motion carried 5-0. Planning Commission Minutes January 10, 1994 Page 9 NEW BUSINESS: STAFF CONCERNS: o Report on actions taken at January 3, 1994 City Council meetinq Staff reported on the subject agenda. Commissioner Butler asked for information regarding the video camera program for the Police Department. The Director replied that the cameras were funded by the asset forfeiture funds and which could be used to expand the Police Department's crime fighting capability. Commissioner Kasalek asked for clarification of serious habitual offender program. The Director replied that a number of cities have a program identi- fying any habitual offenders with photographs, categorization, and keeping the pressure on to deter commission of further crimes; that the Police Department will explore and report back to Councilman Thomas; and that there are some civil rights issues involved. Commissioner Weil asked if the Commission had any comments on the information received regarding the Tustin Ranch Plaza. Commissioner Butler asked for clarification of the Farmers' Market licensing issue as proposed by Mayor Potts. The Director replied that the Farmers' Market was approved; that the current code interpretation requires each vendor to have a business license; that Mayor Potts has requested a report of other cities' means of handling business license fees for farmers involved in the markets; and that it is not in the purview of the Planning Commission's responsibility. Commissioner Weil stated that as a small business operator in the City, it is discriminatory against the rest of the City if the fee is waived for special groups. The Director suggested that comments be referred to Mayor Potts who has been approached directly by the Farm Bureau. COMMISSION CONCERNS: Commissioner Butler -Noted that he was glad that the General Plan was completed. Commissioner Baker -Thanked staff for the recent informative memos forwarded to the Commission. Commissioner Stracker -Wished everyone a Happy New Year. Commissioner Kasalek -Inquired about the condition for the Black Angus parking; and asked if there was a condition for one-way driving. "-1-- - '1" IIII I I I Planning Commission Minutes January 10, 1994 Page 10 Staff noted that there was but that there were different timing thresholds identifying when certain items needed to be completed. Staff will do an informational memo on the thresholds. -Thanked Kathy Beal, Code Enforcement Officer, for her follow- up memos on code enforcement complaints. -Complained about the poor quality of cable coverage on the City Council meetings. Staff will pass this issue on to the Public Works Department. Commissioner Weil -Inquired about a senate bill reference in letter to the editor from Carol Bone. Staff noted that they have reviewed the bill and have interpreted differently. Staff will keep the Commission informed of any changes and provide all Commissioners with a copy of the bill. -Inquired about Commission Stracker speaking before the City Council as a "Commissioner" and not "a resident". Staff noted that a Commissioner could speak as a private citizen and also identify that they were a Planning Commissioner. However, to represent the Commission, they need concurrence of the Commission. -Wished Lois Bobak, Deputy City Attorney,' a happy birthday. ADJOURNMENT: Commissioner Baker moved, Stracker seconded to adjourn the meeting at 8:35 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on January 24, 1994 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. ~~athleen Clan~~-~ Secretary Kathy We~lil Chairperson