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HomeMy WebLinkAbout01 PC Minutes 09-27-04 ITEM #1 7:02 p.m., MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION SEPTEMBER 27, 2004 CALL TO ORDER Given PLEDGE OF ALLEGIANCE All present ROLL CALL Staff present Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary Given PRESENTATION Appreciation Plaque to former Planning Commissioner and Chairperson Jerry Amante. Amante Thanked the Planning Commission and staff for the recognition plaque; commended the hard work they do for the City; and, added that, when he saw the presentation materials on the wall behind the dais, he realized how much he misses being on the Planning Commission versus knocking on doors, passing out brochures, and placing signs on corners. PUBLIC CONCERNS Paul Lewanski, 13812 Deodar Street, Santa Ana, representing the residential and commercial residents of his neighborhood, asked the Planning Commission to consider making a recommendation to LAFCO that would allow annexation of his neighborhood into Tustin rather than Santa Ana. Pontious Requested that this item be agendized for a future Planning Commission meeting. CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - SEPTEMBER 13, 2004, CONTINUED SPECIAL PLANNING COMMISSION MEETING. Minutes - Planning Commission 9-27-04 - Page 1 Adopted Resolution No. 3931 Adopted Resolution No. 3934, as modified 7:12 p.m. West Menard West 2. GENERAL PLAN CONFORMITY DETERMINATION THAT THE LOCATION, PURPOSE, AND EXTENT OF THE DISPOSITION OF THE PROPERTY AT 14011 NEWPORT AVENUE FOR REDEVELOPMENT PURPOSES IS IN CONFORMANCE WITH THE TUSTIN GENERAL PLAN. THIS PROPERTY IS LOCATED IN THE CENTRAL COMMERCIAL WITH A PARKING OVERLAY (C-2 P) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3931. It was moved by Pontious, seconded by Floyd, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 3. AMENDMENT TO CONDITIONAL USE PERMIT 99-018, DESIGN REVIEW 03-017 TO CONSTRUCT PHASE III, INCLUDING A PERMANENT 7,076 SQUARE FOOT, TWO-STORY BUILDING, INCLUDING CLASSROOMS AND ADMINISTRATION OFFICES (PHASE III), AND TEMPORARILY RELOCATE AN EXISTING MODULAR CLASSROOM BUILDING DURING CONSTRUCTION AT 2111 BRYAN AVENUE; AND MODIFY CONDITIONS 2.1 AND 2.2 OF RESOLUTION NO. 3689 TO EXTEND THE USE OF THE EXISTING MODULAR BUILDING UNTIL CONSTRUCTION OF THE PERMANENT BUILDING IS COMPLETED. THIS PROJECT IS LOCATED IN THE COMMUNITY FACILITY - EAST TUSTIN SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3934. The Public Hearing opened. Presented the staff report, noting the modification of Condition 2.15 of Resolution No. 3934 that was provided at the dais. Asked if there is a time limit for the modular building that will be relocated to the parking lot. Stated the modification allows the relocation for one year; the modular will be removed when the construction is completed. Minutes - Planning Commission 9-27-04 - Page 2 Menard West Floyd Peterson Nielsen West Nielsen Scott Holland, Design Architects, representing B'nai Israel Pontious Floyd Mr. Holland 7:18 p.m. Pontious Floyd Asked if something could be added so there is a condition stating a specific timeframe for the modular's removal from the location after the certificate of occupancy is issued. Indicated that Condition 1.8 includes the appropriate language. Asked for the timeframe. Answered that would be one year beginning September 13, 2004. Asked if the hours of operation are consistent with what is currently allowed. Answered in the affirmative. Invited the applicant's representative to the lectern. Stated his firm has been working with the congregation for the past two years regarding Phase III of their project; staff did an excellent job of presenting the project; the original footprint of the building indicated on the Phase I plan was much closer to the existing drive aisle where the accessible parking stalls are; the new building will be pulled back to keep the mature trees and add new trees to provide screening on the north side; the overall height of the building has been reduced four feet to keep within the scale of the neighborhood. Noted those were some of the issues of concern in the original application; moving closer to the objectives of the neighbors is a good thing. Asked if there is a potential for future growth on the site. Responded that parking will be the factor determining any future growth; this building is 7,000 square feet which makes the project about 45 percent of the original 13,000 square feet proposed. The Public Hearing closed. Stated she is pleased with the plan for Phase III and supports the project. Indicated that staff seems to have met the concerns of the residents in the area, and he supports the project. Minutes - Planning Commission 9-27-04 - Page 3 Menard Adopted Resolution No. 3932 and No. 3933, as amended Nielsen Stated he is very happy that the applicant is saving the mature trees; the modular building remains a concern and should be removed as quickly as possible. It was moved by Pontious, seconded by Menard, to adopt Resolution No. 3934 with the modification provided by staff. Motion carried 5-0. 4. USE DETERMINATION 04-001 AND CONDITIONAL USE PERMIT 04-002 FOR APPROVAL OF USE DETERMINATION 04-001 TO ESTABLISH BICYCLE FITNESS TRAINING WITH ACCESSORY OUTDOOR STATIONARY BICYCLE TRAINING AS A CONDITIONALLY PERMITTED USE IN THE COMMERCIAL AS PRIMARY DISTRICT OF THE FIRST STREET SPECIFIC PLAN AND TO CONDITIONALLY PERMIT INDOOR AND OUTDOOR BICYCLE FITNESS TRAINING CLASSES, AS AN ACCESSORY USE TO A BICYCLE SALES AND REPAIR SHOP, TWO (2) NIGHTS A WEEK FROM 5:30 P.M. TO 9:30 P.M. FROM SEPTEMBER 1st TO APRIL 30th AT 115 N. PROSPECT AVENUE. THIS PROJECT IS LOCATED IN THE DESIGNATED "COMMERCIAL" WITHIN THE FIRST STREET SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 3932 approving Use Determination 04-001 to establish bicycle fitness training with accessory outdoor stationary bicycle training as a conditionally permitted use in the Commercial as Primary District of the First Street Specific Plan; and, 2. Adopt Resolution No. 3933 approving Conditional Use Permit 04-001 to conditionally permit indoor and outdoor bicycle fitness training classes, as an accessory use to a bicycle sales and repair shop, during two (2) classes a night, two (2) nights a week from 5:30 p.m. to 9:30 p.m. from September to April at 115 N. Prospect Avenue. Asked for clarification regarding the Use Determination and Conditional Use Permit numbers, which seemed inconsistent. Minutes - Planning Commission 9-27-04 - Page 4 West Explained the items were Use Determination 04-001 and Conditional Use Permit 04-002; and, apologized for any inconsistencies that might have appeared in the report. 7:27 p.m. The Public Hearing opened. West Presented the staff report, noting that five additional letters beyond those provided in the staff report were received, were provided at the dais, and are incorporated herein by reference. Director Added that a call was received from Pat Kapp, the applicant's agent, regarding Resolution No. 3933, Condition 3.5, relating to the total number of parking spaces available for the Saturday morning bike ride attendees; Robert Ruth's letter dated September 20, 2004, is related to a concern regarding the Saturday rides; staff would normally require a parking demand analysis when simultaneous uses are operating; the applicant chose not to prepare such an analysis; in order to provide for simultaneous uses, staff backed in to the parking count and included this condition of approval to accommodate the three uses at one time while also addressing the concerns that were raised by Mr. Ruth. Pontious Asked if the other two uses were to change to a use not open on Saturday language could be included to allow the applicant to return to the Community Development Department for an adjustment based on new uses. Director Stated there are conditions already in the resolution that allow that sort of flexibility. Pontious Suggested that a line should be added that any change in current occupancy would allow the applicant to return for an adjustment. Lee Asked if the parking ratio is determined in the use or the zoning. Director Answered that it is typically the use. Lee Asked if the parking ratio at this time is 3 to 1 for the clients of the cycling facility. Lee Indicated that the ratio is one parking space per three students and one parking space for each instructor; this is the typical parking ratio applied to similar assembly uses, training facilities, etc. Asked if 51 people could be occupying the site. West Minutes - Planning Commission 9-27-04 - Page 5 West Nielsen West Menard Staff Nielsen Pat Kapp, civil engineer for this project Ms. Kahler Mr. Kahler Menard Mr. Kahler Floyd Mr. Kahler Lee Stated the applicant is proposing 36 individuals based on the pieces of equipment; that number could increase if sufficient ingress and egress through the facility were provided. Asked for clarification whether 51 people would be allowed for the total period of time or per class. Stated 51 people are allowed per class plus two instructors. Asked for clarification whether Condition 3.5 refers only to the Saturday rides. Answered in the affirmative. Invited the applicants to the lectern. Thanked staff for their cooperation and patience throughout this process; noted Jill and Robert Kahler, the owners of Santiago Cycling, were with him at the lectern; stated that the Saturday activities bear no relation to the classes on Tuesday and Thursday nights; these two items should be considered as separate. Thanked staff for their time and support; noted the people in the audience represented a small portion of the people whose health and fitness she and her husband have impacted; suggested the Saturday morning ride generates business for the City because everyone goes for bagels and coffee after the ride; and, stated she and her husband are avid Tustinites. Thanked staff, especially Matt West for his tireless commitment to this project, and the Planning Commission for their work on this application. Asked how many people participate in the Saturday ride. Stated there are three different groups that are based on ability level; these groups leave at 15-minute intervals; the numbers vary, but perhaps 30-40 altogether; many of the riders arrive on their bicycles and require no automobile parking. Asked how many automobiles the Saturday rides might represent. Indicated that more people ride in than drive their cars to the shop; there may be 10-15 cars involved. Asked what time the ride begins. Minutes - Planning Commission 9-27-04 - Page 6 Mr. Kahler Nielsen Mr. Kahler Nielsen Mr. Kahler Pontious Ms. Kahler Peterson Floyd Mr. Kahler Barbara Sproat, 362 Prospect Park North, in the Prospect Park condominiums Nielsen Cheryl Scherr, 1601 East 20th Street, Santa Ana Responded that the ride begins at 7:30 a.m. and the groups leave at 15-minute intervals; the route is the same for everyone and is approximately 25 miles; the first group usually arrives back about 9:15 a.m.; 9:45 a.m. would be the latest for arriving back. Asked for the exact hours of the classes. Stated the early class begins at 5:20 p.m. and ends at 7:00 p.m.; the second class begins at 7:20 p.m. and ends at 9:00 p.m. Asked if it is anticipated that the classes will be continuously full. Indicated that Santiago Cycling only advertises in the Tustin News; in the past there have never been more than 50 per class; no more than 80 are anticipated-40 in each class. Asked if there was anything in the conditions that would preclude the applicant from adding additional nights as their business grows. Indicated they are not interested in adding any more nights; they have children with whom they enjoy spending time. Added that Condition 3.3 limits the days; however, it also allows the Director to modify the hours if no adverse impacts can be demonstrated. Asked for clarification regarding where the equipment will be. Pointed out the location in the photograph from the slide show. Stated she lives adjacent to the cyclery and has numerous concerns: safety, equipment on the sidewalk next to parking spaces, noise levels being elevated because of the numbers of people, extending the commercial use of the facility for nine months of the year, etc.; her residential area is being encroached upon. Thanked Ms. Sproat for her comments; and, noted the encroachment of retail activities into residential areas is an ongoing concerning; staff did a good job taking the residential concerns into consideration on this project. Indicated she has been taking this class for several years; the health benefits of this program cannot be over-emphasized; Dave Clark's letter (incorporated herein by reference) states that clearly; Minutes - Planning Commission 9-27-04 - Page 7 David Epstein, 580 Broadway, Laguna Beach 7:56 p.m. Pontious Floyd Mr. Kahler Lee Menard Nielsen Director None this is not something new to the neighborhood; chances of an increase in noise are minimal. Stated he has been taking classes and going on these rides for six or seven years and has spent a lot of money at various locations in Tustin; this program is beneficial for the participants and Tustin merchants; the Saturday ride is not the same entity as the classes, but an entirely separate event which causes very little disruption in the activities of the neighborhood. The Public Hearing closed. Noted that this is an ongoing use with no increase in traffic or noise; reiterated her desire to include language regarding flexibility if the status of the business changes; and, offered her support of the use. Stated his agreement with Commissioner Pontious's remarks; noted that encouraging fitness is a good thing for everyone; and, asked how long these classes and rides have been taking place. Responded Santiago Cyclery has been doing this for 18 years. Stated his willingness to approve the application, although he is still concerned that no parking analysis was completed; if parking is not an issue, he supports the use. Echoed his colleagues' comments; this is an innovative idea and a good business; he supports the use. Indicated his only concern has been the limited off-street and on- street parking; and, asked staff to provide the language requested by Commissioner Pontious. Suggested the following language be added to Condition 3.5: "The applicant may request a modification if there is a reduction in the occupancy of the facility or other changes that impact parking needs." It was moved by Pontious, seconded by Floyd, to adopt Resolution Nos. 3932 and 3933, as amended. Motion carried 5-0. REGULAR BUSINESS Minutes - Planning Commission 9-27-04 - Page 8 STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE SEPTEMBER 20, 2004, CITY COUNCIL MEETING Director Indicated the City Council meeting was very short; there were no items to report. COMMISSION CONCERNS Floyd Congratulated former Planning Commissioner, Jerry Amante, on his certificate of appreciation and thanked him for all his hard work on the Commission. Thanked staff for the presentations this evening. Reminded everyone that Tiller Days take place this weekend. Asked if the Sphere of Influence item would be agendized. Staff Answered in the affirmative. Pontious Thanked staff for their excellent preparation and reports. Requested that workshops of some other form of training be scheduled in the near future. Suggested the Planning Commissioners might also seek one-on- one meetings with the Director on forthcoming Legacy proposals; indicated the Commissioners are not receiving their materials in time to allow them to do the work they must do in order to make appropriate recommendations; and, suggested that postponing actions may be necessary to alleviate this situation. Nielsen Asked if such meetings can be scheduled prior to Legacy projects. Director Answered in the affirmative. Menard Encouraged everyone to come out and enjoy Tiller Days. Congratulated former Commissioner Amante. Lee Indicated he looks forward to any training/workshops staff is able to schedule. Minutes - Planning Commission 9-27-04 - Page 9 Nielsen Added his words of encouragement to those above regarding Tiller Days. Congratulated former Commissioner Amante. 8:07 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, October 11, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Minutes - Planning Commission 9-27-04 - Page 10