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HomeMy WebLinkAbout01 PC Minutes 10-14-02ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 14, 2002 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Karen Peterson, Senior Planner Matt West, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS Approved CONSENT CALENDAR , APPROVAL OF MINUTES - SEPTEMBER 23, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Hamilton, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Continued to October 28, 2002, Planning Commission meeting , CONDITIONAL USE PERMIT 02-004 AND DESIGN REVIEW 02-008 A REQUEST TO CONSTRUCT A 1,320 SQUARE FOOT CHOIR ROOM EXPANSION AT AN EXISTING CHURCH FACILITY. THIS PROJECT IS LOCATED AT 1201 IRVINE BOULEVARD IN THE PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3846 approving Conditional Use Permit 02-004 and Design Review 02-008. Minutes- Planning COmmission October 14, 2002 - Page 1 7:04 p.m. The Public Hearing opened. West Hamilton West Hamilton West Director Hamilton Director Jennings Kozak Nielsen West Presented the staff report, referring specifically to the change in the hours of operation table in Condition 3.1. Asked staff why it is necessary to restrict the hours of operation from 7 a.m. to 11 p.m. daily. Answered those hours were established in previous applications to coincide with daily business hours and were used to establish the parking needs of this applicant. Stated his belief that the events of September 11, 2001, require a change in this requirement; Aldersgate has been a good neighbor and hourly limits should only relate to the daycare facility. Noted this property was originally zoned R-l, is surrounded by residential properties, and hours of operation were established to ensure compatibility with the existing uses; special events can be accommodated through a temporary use permit process. Added that these conditions are consistent with those imposed on other assembly facilities located within close proximity to residentially developed property; the Church at Tustin Ranch and Salvation Army are examples. Stated his recollection that the Church at Tustin Ranch had no hourly or use restrictions. Responded that restrictions similar to the one in this application were included as a table in that application. Agreed that this proposal is very similar to the Church at Tustin Ranch, which was approved. Stated a similar recollection. Asked if there was discussion between staff and the applicant regarding the landscape screening called for in Condition 4.1. Indicated the applicant proposed less screening; staff recommended that more landscaping be implemented to minimize the visual impact of the building mass along Irvine Boulevard. Minutes - Planning Commission October 14, 2002 - Page 2 Nielson Director Denny West Denny West Denny Peterson Denny West Denny Director Jennings Peterson Asked for clarification of Condition 6.2 regarding the requirement for repair of public sidewalks. Stated any repair would be associated with damage occurring during construction. Asked if the table for the use restrictions was created to satisfy the parking requirement. Responded in the affirmative. Stated his understanding that any use beyond the table would exceed the parking presently available at the site. Answered in the affirmative; and, added that any type of expansion or modification of use would require a conditional use permit. Asked if uses being extended from 6:00 a.m to 11:00 p.m. would exceed the parking availability. Stated the second part of Condition 3.1 puts a cap on the number of people allowed on the property at one time; the hours and days of operation and numbers of people allowed should combine to allow sufficient parking at all times. Asked if, since 1982, the City has received complaints from neighbors about the usage of this facility. Responded that staff is unaware of any prior complaints. Inquired whether staff routinely checks to determine whether or not a particular use has received complaints in the past; and, if so, would that information be brought to the Planning Commission. Indicated, if recent complaints were made, that information would be included in the background or history of a project. Asked if, since there is a shortage of meeting rooms in the City, the church would be willing to allow public meetings if that condition were removed. Stated that Condition 3.2 was proposed by the applicant. Minutes - Planning Commission October 14, 2002 - Page 3 Jennings Director Kozak Jennings Kozak Director Richard Rengel, representing the applicant Kozak Mr. Rengel Kozak Mr. Rengel Questioned whether the applicant's agreeing during this public hearing to letting the facility out to other groups would allow the condition be removed. Answered in the affirmative. Asked if Commissioner Jennings was recommending deletion of Condition 3.2. Answered in the affirmative. Stated the colored rendering of the site shows mature trees; and, noted his concern that 24-inch box trees will not provide the landscaping necessary to make the site aesthetically pleasing. Indicated that during the preliminary design phase, staff requested that more architectural articulation be provided from a building perspective; the applicant chose to proceed with the plan before the Commission; staff felt a compromise would be to soften the mass with some landscaping improvements. Stated he was there to answer any questions the Commission might have regarding the project; noted the site is not close enough to residential uses to create a noise problem; stated the applicant would like to see the hours of operation changed from 7:00 a.m. to 11:00 p.m. to 6:00 a.m. to midnight, adding that functions going beyond that time only occur about three times a year; and, indicated alternate designs were suggested to which the green screen was the acceptable compromise. Asked if any type of cornice at the parapet line was considered. Indicated in the affirmative, but nothing seemed appropriate. Asked if windows were considered in the front elevation to provide some vertical break-up. Stated the windows considered were horizontal and did not fit well with the elevation off Irvine Boulevard; indicated vertical windows would not be a good choice for a choir room due to sound problems; suggested spandrel glass or something similar might be a possibility; and, asked for clarification regarding use of'the choir room on Sundays. Minutes - Planning Commission October 14, 2002 - Page 4 West Nielsen Mr. Rengel Jennings Mr. Rengel Denny Mr. Rengel John Moseley, 12888 Elizabeth Way Kozak Staff 7:34 p.m. Hamilton Director Nielsen Answered that staff recommended a modification to Condition 3.2 that would allow the sanctuary and the choir room to operate daily. Asked if the west-facing doors onto the pedestrian walkway and driveway are storage doors that will not be used except to move things in and out and if the second door is intended as a regular use door. Answered the door referred to is a fire door; the main entrance would be the double doors closer to the sanctuary. Asked if the applicant would be willing to let out the choir room. Answered in the affirmative. Asked if the applicant has received an estimate of the landscaping cost suggested by staff. Responded in the negative, indicating the landscape changes were a recent development. Stated the church is directly behind his home; noted he and his wife are neither in favor of nor in opposition to the project; stated that noise from the parking lot at night is an ongoing problem; indicated he has spoken to people at the church requesting abatement of the noise; indicated the proposed changes look nice; and, asked the applicant to consider his noise concerns. Asked staff to confirm the operations must comply with the Tustin Noise Ordinance. Answered in the affirmative. The Public Hearing closed. Asked staff the cost for a temporary use permit. Indicated four events per year would be allowed for one fee of $95.00. Stated the hours of 7:00 a.m. to 11:00 p.m. seem reasonable; and, indicated the green screen seems extensive--127 new trees or plants for a 1,300 square foot addition. Minutes- Planning Commission October 14, 2002 - Page 5 Peterson Nielsen Peterson Jennings Denny Jennings Denny Hamilton Noted that a number of one-gallon shrubs are included in that number. Suggested staff might consider reducing the number to lower the costs for the applicant since the applicant initially requested a thinner green screen. Stated it was staff's intention to have the trees screen the bulk of the massing; the one-gallon shrubs are not going to provide a green screen; staff would recommend that the number of shrubs be reduced, but the number of recommended trees be maintained. Asked that Condition 3.2 be eliminated; stated she believes the hours of 7:00 a.m. to 11:00 p.m. are adequate, noting her empathy for Mr. Moseley as she lives across from a church herself; suggested the proposed screening is appropriate; and, asked if bigger trees could be required at the start. Stated he opposes the staff and/or Planning Commission setting the hours of operation for a conference room at a church; referred to staff's never having received a complaint regarding church operations before Mr. Moseley's this evening; suggested that Conditions 3.1 and 3.2 be omitted and Condition 3.3 be retained, allowing the Planning Commission to revisit the issue if there are problems in the future; and, indicated his concern regarding the church's cost of breaking up a new block wall to accommodate landscaping. Suggested perhaps changing the office and conference hours to "daily" would better accommodate the neighbors. Responded that the church has an obligation to the neighbors, but the City is not obligated to tell a church that it cannot open before 7:00 a.m. without having to go the City and ask for a temporary use permit; and, stated if these conditions stand, he cannot support the application. Stated his agreement with Commissioner Denny; the Noise Ordinance would apply if the church is creating noise late at night; the lack of complaints in the past would suggest there is not a problem; the residents on Elizabeth Way might want to arrange a meeting with church representatives; people should be allowed to worship all night if the need arises; a church is different from a business; if Condition 3.1 restricting the use of the church remains, he will not support the application. Minutes - Planning Commission October 14, 2002 - Page 6 Kozak Director Kozak Hamilton Director Hamilton Peterson Nielsen Director Asked for guidance from the Director, specifically regarding the findings that might be necessary to make the changes requested. Noted the Planning Commission sets precedents regarding common conditions for various uses; staff views this application not as a church use but an assembly-type use since what the individuals are doing inside the structure is not the issue, but how the use may impact the surrounding properties; the Commission has the ability to remove conditions, but that may eliminate future conditions the Commission might want to impose on other assembly-type uses; for example, nightclubs, movie theaters, and similar activities are considered assembly- type uses; staff can provide more flexibility in the conditions if that would bring the Commission closer to a consensus, or the application can be continued for two weeks. Indicated his reluctance in continuing the item thereby holding up the application, but would like to achieve some consensus regarding Condition 3.1; asked that the applicant's request to change the hours to 6:00 a.m. to midnight be considered; and, asked if Commissioner Jennings' suggestion replacing the Monday through Friday restriction with "daily from 7:00 a.m. to 7:00 p.m." in order to address the assembly uses would be acceptable. Asked what time of night the Noise Ordinance takes effect-- whether 10:30 p.m. would differ from 3:00 a.m. Answered the peace cannot be disturbed at any time of the day; at a residential property line, a maximum of 55 interior and 65 exterior decibel levels are acceptable; the level is higher for 'commercial and industrial properties. Asked if that varies at different times of the day. Stated 10:00 p.m. to 7:00 a.m. are considered night-time hours; 7:00 p.m. to 10:00 p.m. are considered evening hours; all other hours are considered day-time hours. Asked if something could be drafted to include half a dozen special events without having the applicant go through a conditional use permit process. Responded that staff could prepare language for the Commission's consideration. Minutes - Planning Commission October 14, 2002 - Page 7 Kozak Asked if that could be accomplished tonight or the application should be brought back at a later time. Director Indicated staff was prepared to do whatever the Commission desires. Kozak Asked if the process for a use permit for special events could be included in the conditions of approval. Director Answered in the affirmative. Nielsen Stated his intention was that the applicant not be required to continually come back to the City for permits. Jennings Noted that Mr. Rengel indicated this use would probably take place three times a year which does not seem like a burden on the church; suggested that circumstances such as 9-11 observances would be something the City would probably allow in all the churches; stated she would like to see the sanctuary, choir room, and perhaps the conference room be allowed daily use between 7:00 a.m. and 11:00 p.m. Hamilton Stated he does not see the similarity between movie theaters and churches in terms of extending the hours of use, since churches do not have a for-profit motive. Jennings Indicated her concern related to the issue of setting a precedent. Hamilton Suggested that no court of law would see 100 assembly uses as the same; a church would differ significantly from a movie theater; a church should have its own category. Holland Stated that was a good point; however, with impacts from conditionally permitted uses, there is little distinction between a church and other assembly uses; there are other kinds of social activities that could be happening on the church premises; code enforcement has had a number of situations dealing with properties holding wedding receptions that go late into the night and create problems; as a governmental entity, the City is not attempting to deal with regulation of religious activity but cannot distinguish religious from other kinds of assembly uses; when there is a large number of people gathering together, potential problems must be addressed and dealt with; that is what staff is trying to do with tonight's recommendations. Minutes - Planning Commission October 14, 2002 - Page 8 Nielsen Denny Holland Denny Director Denny Director Denny Reiterated that Aldersgate has been a good neighbor; there is a fire station and another church behind the property that create occasional noise; and, suggested that, in a spirit of cooperation, it would be appropriate to look at those few times when the church has special events and incorporate those into the application in order to resolve the issue. Asked the Assistant City Attorney if the Planning Commission is a discretionary body, using its discretion to make findings to either approve or not approve conditional use permits and other things. Stated that, dealing with classic discretionary types of activities such as General Plan Amendments, zone changes, etc., is quite different from conditional use permits in a quasi- adjudicative hearing; the Planning Commission's discretion is to review an entitlement and determine whether or not it qualifies for that kind of'an entitlement based upon evidence that is presented. Stated his understanding that the Planning Commission would be making a subjective analysis of an assembly use in this case; and, added that different findings would be required for a nightclub. ' Answered that different findings might be made if the circumstances were different. Reiterated his point was that the Planning Commission uses its judgment to make subjective decisions. Indicated that staff articulated the findings on the first two pages of the resolution; the Planning Commission could direct staff to prepare findings for denial for this application, but direction would be required; findings are based on the Code, the General Plan, precedents, and potential negative impacts; when those findings are reviewed, the Planning .Commission is making a subjective decision based on the findings; there should be a bridge between the findings and the conditions of approval. Stated that, in his judgment upon reviewing the findings and conditions of approval, one condition should be removed; in another assembly use, it might be necessary to set hours' restrictions as a backstop of the Noise Ordinance, but a backstop is not needed regarding this church; the Planning Minutes- Planning Commission October 14, 2002 - Page 9 Kozak Director Kozak Nielsen Kozak Denny Kozak Adopted Resolution No. 3847 8:14 p.m. Commission should trust their judgment that the church will be a good neighbor; if the church is not, other options are available to enforce compliance. Noted that this type of condition is applicable in a broader perspective to other assembly uses; asked staff if a recess should be called for staff to consider preparing language to address the issues under discussion. Indicated it would be better to continue the item to the next meeting when staff can bring back a modified resolution. Stated he would like the condition to state that a final landscape plan will be submitted to the Community Development Director; and, suggested that the five 24-inch box trees should be included. Noted his concern was to cut costs for the applicant while maintaining the aesthetics in the area. Indicated that was his reason for suggesting a final landscape plan be submitted and approved by staff. Asked if Chairman Kozak was suggesting keeping the olive trees and be less specific regarding the numbers of other plants. Answered in the affirmative; and, added that five 24-inch box trees will not grow fast enough to provide the desired coverage. It was moved by Kozak to continue this item to the October 28, 2002, Planning Commission meeting, Jennings seconded. Motion carried 5-0. . CONDITIONAL USE PERMIT 02-014 A REQUEST FOR AUTHORIZATION TO ESTABLISH A VOCATIONAL SCHOOL AT 1131 EAST MAIN STREET, SUITE 207A, IN THE PLANNED COMMUNITY COMMERCIAL (PC- COMM) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3847 approving Conditional Use Permit 02-014. The Public Hearing opened. Minutes- Planning Commission October 14, 2002 - Page 10 West Presented the staff report. Jennings West Jennings Director Denny West Hamilton Director Hamilton Kozak Linda Barnes, applicant Suggested the parking at night and on Saturdays is less congested than from 9:00 a.m. to 5:00 p.m. on weekdays; and, asked if there is the possibility the applicant, through a parking analysis, would be allowed larger classes. Answered that would be feasible, but there are five property owners who are bound by an agreement; each property is restricted by the available parking in the entire center; while it may be reasonable to assume there would be available parking during evenings and Saturdays, the established parking ratios dictate future expansions or new uses in the center. Asked if a parking survey were to be completed for the evening hours applicant might be able to expand the number of students. Noted that approval from all five of the property owners would be required. Asked if the applicant is proposing a mortgage broker training school. Answered in the affirmative. Referred to his disdain for compact spaces; and, asked for clarification regarding the parking ratios for medical uses. Responded that a Code amendment was approved to distinguish smaller medical office facilities, if under 4,000 square feet, as minor facilities; various studies indicate that medical offices generate higher turnover and parking needs; the City has parking guidelines which should be adhered to unless the Planning Commission wishes to modify the guidelines. Stated he has never seen a parking problem at this location. Indicated that if the applicant is satisfied with the proposal he supports staff's recommendation. Noted that being limited to three students will not provide much income, necessitating a rise in her fees; stated she had a petition signed by tenants and a letter from a tenant across the Minutes- Planning Commission October 14, 2002 - Page 11 Kozak Director Kozak Director Ms. Barnes Director Ms. Barnes Nielsen Ms. Barnes Kozak 8:34 p.m. Jennings Nielsen hall from her location agreeing to give up some of his parking spaces since her classes will be evening only; indicated she was confused by the traffic review by the Engineering Division; and, stated she cannot afford the parking analysis. Asked the Director to respOnd to the applicant's questions and concerns. Stated the Traffic Engineer looked at the worst-case scenario for potential traffic impacts which is a different issue from the parking; staff attempted to allow as much flexibility as possible, but did not receive enough information to make a recommendation to allow more parking; if all five property owners are willing to work together to grant this tenant more parking spaces, staff can administratively modify the application. Asked if the applicant needed to make that request of the five property owners. Answered in the affirmative. Stated her understanding that the petition signed by tenants would not be enough. Indicated authorization is required from the five property owners, not the tenants, but the petition might be a useful tool in discussing the parking issue with the property owners. Stated she will make that attempt. Asked if carpooling might alleviate the problem. Stated that her clients will be coming to the location from their jobs; carpooling is therefore not an option. Clarified that the applicant will not be required to come back to the Planning Commission for an amendment; that could be done at the administrative level. The Public Hearing closed. Indicated this is a good use; she hopes the property owners agree regarding the parking; she supports this project. Stated his support for the project. Minutes- Planning Commission October 14, 2002 - Page 12 Denny Director Denny None Director reported Kozak Asked if the parking tabulation takes into consideration the time of day and the fact that this use will not be taking place during regular office hours. Answered that a parking demand analysis would have covered all those issues; the applicant elected to come before the Commission without the analysis due to the cost involved. Indicated that parking in that center is a challenge, especially between 6:30 p.m. and 9:30 p.m. on Fridays; suggested the school being closed on Fridays will alleviate parking impacts; and, stated his support of staff's recommendation. It was moved by Jennings, seconded by Nielsen, to adopt Resolution No. 3847. Motion carried 5-0. REGULAR BUSINESS STAFF CONCERNS: . REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 23 AND OCTOBER 7, 2002, CITY COUNCIL MEETINGS. Presentation: Elizabeth A: Binsack, Community Development Director The City Council had the first reading of Ordinance 1260 (VVireless Communication Facility Regulations and Guidelines); the facility on Bryan Avenue will be able to proceed once the Ordinance is adopted. Asked the Commissioners to let Eloise Harris know their availability for the Planning Officials Forum scheduled for November 14, 2002, as soon as possible as there is a cut-off point for the best fee for attendance. Suggested the Commission may want to consider the possibility of canceling the second meetings of the Planning Commission in November and December; staff will schedule meetings if not doing so would create a hardship for applicants. Stated that procedure has worked well in the past; and, asked staff to proceed in that direction. Minutes- Planning Commission October 14, 2002- Page 13 Nielsen Denny Hamilton Jennings Kozak COMMISSION CONCERNS: Offered his congratulations to the Anaheim Angels for winning the American League Pennant and wished them good luck in the World Series. Thanked City staff for the enjoyable Tiller Days festivities. Stated the Civic Center directional sign on Newport and Andrews has faded to the point of being unreadable. Thanked staff for their patience with his questions and concerns regarding tonight's projects. Congratulated the City staff for a fantastic Tiller Days. Noted that snipe signs have begun appearing attached to political signs. Thanked staff for the reports and their patience regarding the discussion. Echoed the other Commissioners' comments regarding Tiller Days. Noted the Dino Dash will take place the first Sunday in November; he will be participating in something to do with stopwatches. Indicated she missed Tiller Days due to a visit to New England. Stated the property at the southwest corner of Irvine and Newport apparently has a parking problem; a crayon sign stating "No Bank Parking" has been placed on a cone; while she understands the problem, perhaps a permanent sign would be more appropriate. Stated she is pleased to see the fence up at Albertsons, the cars gone, and demolishing begun. Indicated she noticed the water yard lights for the first time this evening and was pleased by how nice the building looks at night. Thanked staff for their presentations this evening; and, added, since looking at one-dimensional renderings does not give one a sense of the dimensions involved, perhaps future PowerPoint presentations could be enhanced with one or two digital photographs. Minutes - Planning Commission October 14, 2002 - Page 14 Director Suggested it might also be helpful to take pictures of the surrounding properties. Kozak Thanked the Tiller Days' staff and volunteers. Thanked staff for the copy of the letter included in the packets regarding the outstanding Old Town project; and, suggested that the Cultural Resources Advisory Committee might also consider putting a temporary sign on such properties to encourage other residents to make improvements. Stated the green screen at the Baptist Church on Newport Avenue has very little green; perhaps code enforcement could suggest more landscaping. Denny Noted the Tustin Pride awards with signs in the yards also encourage residents to make improvements. Jennings Indicated she believes the Cultural Resources Advisory Committee would probably be happy to do something similar. 8:47 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, October 28, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes- Planning Commission October 14, 2002- Page 15