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HomeMy WebLinkAboutPC Minutes 10-28-02MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 28, 2002 7:00 p.m. Given All present Staff present None CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager, Transportation Dana Ogdon, Redevelopment Program Manager Karen Peterson, Senior Planner Matt West, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR Approved Adopted Resolution No 3846, as amended 7:02 p.m. West Jennings West Hamilton West Kozak o APPROVAL OF MINUTES - OCTOBER 14, 2002, PLANNING COMMISSION MEETING. It was moved by Jennings, seconded by Nielsen, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS , CONTINUED 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. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3846 approving Conditional Use Permit 02-004 and Design Review 02-008. The Public Hearing opened. Presented the staff report, using a PowerPoint presentation. Asked if there is a planter box planned or the landscaping will be put directly into the ground. Indicated that no new planter box is proposed. Stated his appreciation for the additional photographs; and, asked what the purpose was for the flags along the sidewalk. Responded that he is not familiar with any flags; and, suggested Commissioner Hamilton ask the applicant that question. Invited the applicant to come to the lectern. Minutes - Planning Commission October 28, 2002 - Page I Reverend Brian Kent, Aldersgate United Methodist Church Thanked everyone for the time and consideration spent on this project; indicated the flags referred to by Commissioner Hamilton were associated with painting of the church trim, marking sprinkler heads for the painters; stated time limitations should not be a part of this application since the church has operated without limits since the church's inception; noted the church is not a 24-hour operation but there are overnight events several times each year: until midnight Christmas Eve, Easter morning, overnight youth groups, etc.; stated his desire to avoid friction between the church and the City in the future, but would prefer not to have to request and pay a fee for these occasions; indicated that churches have, on occasion, been asked to shelter the homeless for up to a week with complete supervision; stated that Aldersgate has not participated in that program recently, but the church behind Aldersgate has; referred to his testing of decibel levels during playground hours and while chimes are ringing and found both to be within the acceptable levels; noted there are no concerns regarding the landscaping requirements; indicated that Aldersgate has been approached by Christian legal organizations regarding setting precedents; and, requested that the sanctuary and social hall hours of operation not be restricted. Richard Rengel, architect for the project Stated his agreement with Reverend Kent that the landscape requirements present no concerns; mentioned that, to put the addition in perspective, it should be noted that from the edge of the fire station, beginning at the residential area, a six foot high solid block wall extends along the sidewalk with no landscape buffer; and, suggested that the time restrictions should be removed from the sanctuary and social hall. Jennings Asked if the request regarding no time restrictions included the sanctuary and social hall and where the social hall is located. Mr. Rengel Pointed out the social hall on the floor plans; and, added there are other meeting rooms and a retail building buffering the residential side. Connie Moseley, 12888 Elizabeth Way Delivered a petition to staff that was signed by several residents on Elizabeth Way, Charloma, and Wass; indicated that, since her husband recently had cancer surgery, she did not have enough time to reach everyone who might have wanted to sign the petition; stated that several neighbors were not aware this project was planned; indicated the residents do not want 24-hour use behind their homes for the following reasons: in the past, choirs from other groups have used the facilities, creating sleepless nights; during Easter week children have been loud and seemingly unsupervised; the homeless are released into the community at 6:00 a.m. and litter neighboring yards; stated she had an engineer check the decibel level of the chimes at the property line---it registered 72 decibels; and, noted she has invited church members to her home to witness the noise levels, but no one has done so. 7:25 The Public Hearing closed. Kozak Asked staff for clarification regarding the notification of property owners. Director Answered that property owners within 300 feet were sent notices; notice also appeared in The Tustin News ten days prior to the Public Hearing. Kozak Asked for Planning Commission comments. Minutes - Planning Commission October 28, 2002 - Page 2 Hamilton Director Jennings Director Jennings Hamilton Holland Hamilton Holland Hamilton Holland Requested clarification regarding a precedent being set with this project when the Church at Tustin Ranch has no time restrictions. Responded that the Church at Tustin Ranch was initially planned as a much larger facility; the daycare facility was removed and the church reduced in size; the location was significantly removed from residential uses; similar hours of operation were included at that time, and Commissioner Hamilton recommended they be removed; staff reserved the right to review the project based on noise, traffic impacts, or other negative impacts on the surrounding uses; pointed out that the Salvation Army, B'Nai Israel, Stevens Square, First Baptist Church, gymnasiums, and banquet facilities within the City have time restrictions; stated that the Swinging Door in Old Town operates under a conditional use permit; the use has caused concerns, impacts, and code enforcement issues which staff has addressed; stated time restrictions on this project would not establish a precedent because restrictions have been imposed numerous times in the past on similar projects; indicated staff can allow temporary uses up to ten times per year which would be implemented administratively, all ten could be scheduled at the beginning of the year under one permit with a requirement to notify neighbors when these functions will take place. Suggested that Aldersgate may have closer impacts on the residential uses than other approved projects; and, asked what the cost would be for the temporary use permits. Indicated $95.00; and, stated that temporary use permit fees for nonprofits can be waived. Referred to her home's proximity to a church and Stevens Square and her understanding of the noise concerns; and, offered her best wishes to Mr. Moseley, indicating she had spoken with him earlier in the week. Asked the Assistant City Attorney if he has any concerns regarding the laws that may be involved. Stated the regulations are reasonable relating to the overall intensity and density of the use, ensuring that this facility will be operated as a good neighbor. Referred to the City Attorney's memorandum concerning the 2000 Religious Land Use and Institutional Persons Act; stated he went to their website and read that a government entity cannot impose a substantial restriction on a church unless there is a compelling State interest; and, asked what that compelling State interest is. Indicated the excessive burden being imposed is the first part of that test; staff does not believe there is any substantial burden being placed on this facility; in regard to the public interest, the ability of the neighbors to enjoy their residential properties is a compelling public interest. Suggested that the addition of a choir room is not changing the existing use. Answered that such an addition creates an intensification of the use of the property; staff analyzed the context of the overall increased intensity of the use and made recommendations and conditions of approval addressing potential problems that may arise from an over-intensification of the use of the property to ensure that this facility remains a good neighbor. Minutes - Planning Commission October 28, 2002 - Page 3 Director Nielsen Denny West Denny Kozak Denny Jennings Nielsen Kozak West Kozak Stated that in Resolution No. 3846 staff set forth findings that identified the potential impacts, which the conditions of approval mitigate. Indicated he would like to see the time restrictions removed from the sanctuary and social hall, while leaving other time restrictions in place. Asked if the block wall on Irvine Boulevard referred to by Mr. Rengel is within Tustin's city limits. Answered that the Tustin/County border goes between the fire station properties and residential properties and down Irvine Boulevard; the referenced wall is in the County of Orange jurisdiction. Included his best wishes for Mr. Moseley's recovery; noted that the property owners on both sides of Elizabeth Way received notice of the Public Hearing; suggested the special events can be accommodated within the suggested temporary use permit; stated the Village of Hope project at MCAS Tustin should alleviate some homeless issues; reiterated his former position that in an ideal world these types of restrictions would not be imposed on this use; indicated that idealism was tempered by the reality expressed by Mrs. Moseley and her neighbors and other neighbors in other communities in the City; and, stated his appreciation for the other Commissioners' comments and his hope that the Commission can reach a consensus on this project and move forward. Asked Commissioner Denny if he was referring to Commissioner Nielsen's comments regarding deleting the time restriction on the sanctuary. Indicated he would like the Commission to reach a consensus and was interested in identifying the number and type of events that will require a temporary use permit. Suggested the Commission should consider the reality that, even though the sanctuary and social hall are buffered by buildings, the parking lot, where the bulk of the noise will be generated, is not; indicated the Commission must find that the proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of the proposed use; stated that, if there are no hour restrictions, noise in the parking lot will impact the well-being of the residents; and, suggested Condition 3.1 be approved as it is. Stated he has a philosophical issue with the City stating specific regulations regarding the hours of operation for a sanctuary; while he understands the residents' concerns, the parishioners have a right to have the sanctuary available for emergency situations without having to come to the City for a permit. Commented that automobile noise becomes more pronounced during late hours of the day; suggested the Church at Tustin Ranch is much more far removed from residential properties than Aldersgate; and, asked staff if the property line wall facing Charloma are four feet high. Answered in the affirmative. Clarified that the standard is six feet eight inches; and, stated he supports the findings for the recommended action in Condition 3.1; Minutes - Planning Commission October 28, 2002 - Page 4 Hamilton Director Holland Denny Holland Denny Holland Hamilton Director Jennings Director Hamilton Director Kozak Nielsen staff's flexibility in allowing ten temporary use permits to be exempt from any fee provides for the special events anticipated; before the October 14th Planning Commission meeting, there appeared to be general acceptance of the times of operation for the particular uses. Stated his agreement with Commissioner Nielsen regarding restricting the hours, since the church presently has the right to meet at any time of the day; encouraged the parishioners and residents to meet to address the concerns raised; indicated he doubts there is an imminent health and safety issue requiring the City to impose additional restrictions on the church, since the business has operated without complaint for the past 50 years; stated he would like things to remain as they are; offered to provide his help; and, encouraged people to meet with him after tonight's meeting to let him know what he can do to help. Suggested the following language to amend Condition 3.1: "Notwithstanding the limitation on days and hours of operation specified in the above table, the applicant may use the sanctuary for events outside of the permitted days and hours of operation so long as written notice is provided to all property owners within three hundred feet of the property at least ten (10) days in advance of the commencement of the event and such notice includes a description of the event and the days and hours of the event."; and, added that this facility is not approved as a homeless shelter. Added that is why staff is recommending the amendment be limited strictly to the sanctuary, not the social hall, which can be used for receptions and similar activities. Asked if this conditional use permit is applicable to the property, not the occupant. Answered in the affirmative. Asked, hypothetically, if in the event Aldersgate is sold to a similar assembly use, these conditions apply. Stated these conditions would apply if the occupant were another church. Asked for further clarification of the above point. Answered the Commission would not re-review the conditional use permit which runs with the land not with the applicant. Asked if there would be an opportunity for the Commission to review the application if a problem arises. Stated that Condition 3.2 allows for re-review if necessary. Stated his understanding that, if there is a change of ownership of wireless communications facilities, the City's approval is required. Responded that the allowance for a 5-year review involves major wireless facilities when the conditional use permit is attached to the leasehold interest. Clarified that those conditions are not applied for assembly uses. Asked the Director to repeat the new language. Minutes - Planning Commission October 28, 2002 - Page 5 Director Repeated the modified language. Kozak Reverend Kent Kozak Jennings Kozak Nielsen Adopted Resolution No. 3848 8:05 p.m. Ogdon Hamilton Ogdon Hamilton Ogdon Holland Denny Shingleton Asked if the applicant approved the suggested modification. Responded that the new language coincides with Aldersgate's intention to be a good neighbor; and, added that the sanctuary hours are more important that the social hall's. Asked for comments regarding the landscaping. Stated that since a final landscaping plan is to be approved by the Director, she has no problem with the plan. Pointed out that Mr. Rengel expressed no concerns regarding the landscaping recommendations. Stated that, since the applicant is satisfied, he supports the landscaping recommendations. It was moved by Jennings, seconded by Kozak, to adopt Resolution No. 3846, as amended. Motion carried 5-0. . ZONE CHANGE 02-006 - A PROPOSAL TO AMEND THE TUSTIN ZONING MAP FROM PUBLIC AND INSTITUTIONAL (P&I) TO MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) AND AMENDMENT OF THE TUSTIN CITY CODE TO ADD SECTION 9246 ESTABLISHING THE MCAS TUSTIN SPECIFIC PLAN DISTRICT (SP-1 SPECIFIC PLAN) ZONING REGULATIONS. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3848 recommending that the Tustin City Council approve Zone Change 02-006, amending the Tustin Zoning Map and amending the Tustin City Code by adding Section 9246 establishing the MCAS Tustin Specific Plan District (SP-1 Specific Plan) zoning designation and regulations. The Public Hearing opened. Presented the staff report. Asked where the 88 residential properties referred to in the report are located. Pointed out the location on the PowerPoint slide, indicating there was a remnant parcel on which 88 residential units could be built. Asked if this property is vacant. Answered in the affirmative. Emphasized that the Planning Commission is not being asked to approve or adopt anything, only to make a recommendation to the City Council regarding the matters before the Commission. Asked if his understanding that the City Council has directed staff to prepare a request for qualification or a request for a proposal for a master developer for a majority of MCAS Tustin is correct. Answered in the affirmative. Minutes - Planning Commission October 28, 2002 - Page 6 Denny Shingleton Denny Shingleton Jennings Shingleton Jennings Ogdon Nielsen Shingleton Kozak David Hesseltine, attorney, representing the SAUSD Asked why the Specific Plan is required now rather than after the master developer is selected. Stated there is a disposition strategy that not only involves a footprint for a master developer that includes about 711 acres of the 1600 acres, but also development regulations that impact other solicitation sites already on the market; there are government sites that the Navy has publicly advertised for bid; the City's agreement with the Navy requires that the City Council adopt the Specific Plan before any property can be sold on the Base; no property can be disposed of until the Navy's properties are zoned; under the City's agreement with the Navy, there is no way to modify the Specific Plan; the document must be brought forward as it was reviewed and analyzed in the environmental process; development must comply with the Specific Plan/Reuse Plan. Referred to the City Council's verbal concerns regarding density within the Specific Plan; and, asked if those concerns will be addressed if the Planning Commission recommends approval to the City Council. Indicated the individual development sites would be reviewed through the Design Review process; sites are seldom developed at the maximum densities; based upon what is happening on some of the initial proposals, the densities will come in below those originally projected; indicated that the highest density residential sites will be on the Harvard/Edinger property which will be an ownership product far below the maximum densities permitted by the Specific Plan; the range of densities elsewhere on the site are about 40 percent less than the densities on the aforementioned site; the project will be far less dense that any other planned development of this scale and nature in this vicinity in Irvine. Asked for clarification regarding the acres designated for the master developer. Indicated the master developer footprint is approximately 711 acres. Asked to be shown the parcels that have been sold by the Navy. Pointed out on the slide that the parcels identified in green were kept by the Navy and sold through the GSA; the grey parcel is the Rescue Mission site; most everything else on the map was part of the Economic Development Conveyance transfer to the City of Tustin. Asked for an update on the property that was offered to the Santa Ana Unified School District (the SAUSD). Stated the settlement agreement with the SAUSD provided for the City to offer 22 acres within the Learning Village in the vicinity of Warner Avenue and Red Hill; the SAUSD had the right to decline that site for no reason; the site was rejected on October 11, 2002; that rejection requires the City to pay the SAUSD $38 million by May 2003 and another $22 million by October 2003. Invited other speakers to come to the lectern. Provided a letter and written documentation to staff and an oral account of the reasons the SAUSD was asking the Planning Commission to delay their recommendation to the City Council until the issues referred to in his letter have been addressed. Minutes - Planning Commission October 28, 2002 - Page 7 8:25 p.m. The Public Hearing closed. Kozak Holland Kozak Denny Continued to the December 9, 2002, Planning Commission meeting Given Director Asked the Assistant City Attorney to respond to Mr. Hessesltine's comments. Suggested that the SAUSD is apparently attempting to preserve their rights in the event that any problem may arise regarding the City's compliance with the requirements of the settlement agreement; stated the City has proceeded in good faith and has been complying with the terms of the settlement agreement; referred to inconsistencies in the comments which were received just moments before the start of the Planning Commission meeting this evening; and, stated it is necessary to get the Specific Plan before the City Council in order to address the real property issues involved. Stated his appreciation for the staff report; thanked the Assistant City Attorney for his comments; and, stated his support of staff's recommendation. Noted the interesting consistency of the SAUSD's delivery of this letter just before the start of the meeting; thanked staff for ten years of hard work; and, stated his support of staff's recommendation. It was moved by Denny, seconded by Jennings, to adopt Resolution No. 3848. Motion carried 5-0. o CODE AMENDMENT 02-007 (ASSEMBLY USES IN INDUSTRIALLY ZONED AREAS) RELATING TO THE PROHIBITION OF ASSEMBLY USES IN THE INDUSTRIAL ZONING DISTRICTS. RECOMMENDATION: That the Planning Commission continue this item to the December 9, 2002, Planning Commission meeting. It was moved by Kozak, seconded by Jennings, to continue this item to the December 9, 2002, Planning Commission meeting. REGULAR BUSINESS 5. Project Summary. The summary focuses on the status of projects that the Planning Commission, Zoning Administrator, or Community Development Director approved, major improvement projects, and other items of interest. STAFF CONCERNS . REPORT OF ACTIONS TAKEN AT THE OCTOBER 21, 2002, CITY COUNCIL MEETING Reported that the City Council held the second reading of Ordinance No. 1260 (Wireless Communication Facility Regulations and Guidelines). Reminded the Planning Commissioners that the Planning Officials Forum is November 14, 2002. Asked the Commissioners if a general information workshop would be desirable before the December meeting. Minutes - Planning Commission October 28, 2002 - Page 8 Denny Indicated he will be unable to attend that meeting. It was the consensus of the Planning Commission to postpone this workshop to the first meeting in January. Director Reminded the Commissioners there will be no second meeting in November or December. COMMISSION CONCERNS Nielsen Offered congratulations to the Anaheim Angels, World Champions. Stated he noticed the Ralphs Center is coming along nicely. Asked if there has been any action regarding The Barn property. Peterson Stated an application was received today for a mixed use development--retail, office, and mini-self storage--which will be coming before the Planning Commission. Jennings Asked if the building will be used. Peterson Answered the entire site will be redeveloped. Denny Asked for clarification regarding the signs stating that Elizabeth Way is a private street. Anderson Indicated that Elizabeth Way is a private road that functions as a public street; the signs are intended for the trash haulers, street sweepers, etc. Denny Thanked staff for tonight's reports. Reminded everyone the Dino Dash takes place Sunday. Jennings Thanked staff for their work on the Aldersgate report. Stated she has a neighbor with a concern that Commissioner Jennings referred to Karen Peterson: the neighbor has a house on a double lot on B Street; the new owners purchased the house in May and told Commissioner Jennings' neighbor they want to build apartments on the piece of land left over from her house. Stated her concern that new owners in the Cultural Overlay District do not know what the regulations are; and, asked if there is some way, other than deed restrictions, to make certain the buyers of the properties in the District are notified there are regulations they must follow. Director Suggested staff may be able to contact local realtors who do business within that area and request the regulations be provided to homebuyers; and, indicated staff would research how to accomplish Commissioner Jennings' request. Holland Added that staff could create a notice referring to regulations imposed by the City. Jennings Indicated she noticed the flyer for a house currently for sale in the District stated no restrictions; and, suggested flyers would be a good place to mention the regulations. Minutes - Planning Commission October 28, 2002 - Page 9 Hamilton Thanked staff for their work on this evening's reports. Kozak Director Kozak Director 8:47 p.m. Indicated he was happy to see the parcel on Edinger being farmed. Reminded everyone that Dino Dash is this weekend Encouraged everyone to vote next Tuesday; and, offered good luck to any candidates in the audience this evening. Added his thanks and appreciation to staff for the work on both Aldersgate and the Reuse Plan at MCAS Tustin. Thanked the Director and the Assistant City Attorney for the suggested language for Condition 3.1. Thanked Eloise Harris for coordinating the Planning Officials Forum registration. Thanked staff for the PowerPoint presentation; the photographs are especially useful. Indicated he hopes to see everyone at the Dino Dash. Referred to Commissioner Nielsen's remarks regarding the Ralphs Center on Red Hill; and, suggested that, since this was a self- started rehabilitation by the owner resulting from the Burger King development, staff could draft a letter of appreciation for the Chairman's signature. Stated that would be an excellent idea; and, added he is pleased the pole sign will be coming down. Referred to the Department's commitment to PowerPoint presentations; and, indicated she thanked Matt West privately for his excellent work on tonight's Aldersgate presentation. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, November 12, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Elizabeth A. Binsack Planning Commission Secretary ,~epl~c~ Kozak Chairpe'l's~n Minutes- Planning Commission October 28, 2002- Page 10