Loading...
HomeMy WebLinkAboutPC Minutes 10-25-04 7:03 p.m. Given All present Staff present None Approved Director Continued to December 13, 2004, Planning Commission meeting MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 25, 2004 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Greg Simonian, Deputy City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Chat Ortlieb, Associate Planner Justina Willkom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - SEPTEMBER 27, 2004, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Menard, to approve the Consent Calendar. Motion carried 5-0. Introduced Greg Simonian, Deputy City Attorney, who attended the meeting in Doug Holland's absence. PUBLIC HEARING 2. CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 REQUESTING USE OF A 2,490 SQUARE FOOT TEMPORARILY PERMITTED MODULAR BUILDING AS A PERMANENT CLASSROOM BUILDING AND TO CONSTRUCT A 5,950 SQUARE FOOT FREE-STANDING TWO- STORY OFFICE AND MEETING ROOM BUILDING FOR THE CHURCH. THE PROJECT IS LOCATED AT 1301 SYCAMORE AVENUE IN THE PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission approve Conditional Use Permit 04-011 and Design Review 04-009 by adopting Resolution No. 3935. Minutes -Planning Commission October 25, 2004 - Page 1 7:06 p.m. Ortlieb Nielsen Director Nielsen Floyd Ortlieb Director Nielsen Aric Gless, of Gless Architects, representing the applicant Nielsen Mr. Gless The Public Hearing opened. Presented the staff report, pointing out certain revisions that were provided at the dais. Asked if staff wanted to make any comments pertinent to the revisions. Referred to the letter from Mary and Don Brockschmidt dated May 27, 2004, which was not included in the report, but was being provided to the Planning Commissioners and is incorporated herein by reference; and, indicated she would provide further comments after the Commissioners read the letter. Suggested that the Commissioners present their questions to the staff. Asked for the location of the property. Pointed out the location on the PowerPoint slide. Referred to issues raised in the letter; stated the two-story proposal is 13% feet from the back fence and is actually located 10 feet 6 inches from the property line and is 30 feet in height; Condition 3.1 states the north face of the second story windows would be sand-blasted glass with anti-framing and would be opaque and not allow anyone inside to have a view from the second story offices. Indicted the airplane noise and property value items are difficult issues to address. Noted that Mr. Brockschmidt wished to make a presentation. Invited the applicant to the podium. Stated staff did a very good job describing the project, and he was available to answer any questions the Planning Commission might have. Asked if there were any long-term plans to replace the modular building with a permanent one. Answered that the only plan for the modular is to keep it as it is and continue its use; the modular has been very well maintained, well landscaped, and looks much better than when installed. Minutes - October 25, 2004 Planning Commission - Page 2 -- - - -- . - Floyd Mr. Gless Nielsen Mr. Gless Menard Mr. Gless Nielsen Mr. Gless Nielsen Don Brockschmidt, 14702 Charloma Drive Director Asked if the modular originally was intended to be a temporary situation. Stated that was the original intention, but the building has been kept up so well that continuing it as permanent seemed the logical thing to do. Questioned whether or not the activities that take place in the modular building could take place in the new building. Answered that the numbers of people involved necessitate the additional space; the ministries in the parish are growing and require more places to meet; moving the office staff from the current space into the new building also became necessary due to the need for more meeting places. Asked for information regarding the specific use of the modular. Indicated that the modular is primarily a classroom building. Asked if there was ever discussion of creating a one-story rather than a two-story building. Stated that the size was dictated by the space required; the two-story building provides better land use; one story would cause the loss of too many parking spaces. Invited any other parties involved to come forward. Indicated the home where he and his wife have lived for thirty years is next to the priests' house; noted his wife is a parishioner of St. Cecelia's and active in the Church; noted he opposes this project which would be very close to his back yard; presented a photo showing an existing office building that is 20 feet from his property line and not in back of the priests' house; showed a view that was not presented in the staff slide show of the existing two-story gymnasium building and how it looks from his neighbor's home; suggested that no one would appreciate such a building in one's "back yard"; asked where the utility easement begins and whether or not the Tustin Code provides buffer zones between residential and non-residential buildings; indicated this structure will diminish his property values; and, requested that the Planning Commission deny this application. Stated there is no buffer zone in the Public and Institutional zone; there are no set standards regarding buffer zones for this district; those standards are established by the Planning Commission and subject to the Commission's discretion; staff is unaware of the utility easement, but it may be on the Minutes - October 25, 2004 Planning Commission - Page 3 Nielsen Mr. Gless Nielsen Mr. Gless Don Studebaker, 1363 Sycamore Mr. Brockschmidt Nielsen Lee Ortlieb Mr. Brockschmidt adjacent property; there would be no setback requirement imposed on the church; property values are an unknown factor; an appraiser would be required to determine any effect the proposed development may have on the surrounding property values; the letter received from Mr. and Mrs. Brockschmidt in May was taken into consideration through the planning process and was discussed with the architect; staff recommended to the architect that the building be either relocated on the property or setback, that a single story be provided closer to the residences and the two-story structure closer to the interior portion of the church property; this is a discretionary review before the Planning Commission; the Planning Commission may approve, conditionally approve, or deny the proposal. Asked if the applicant would like to address any of the issues. Stated that the building will straddle part of the parish rectory property; the view shown by Mr. Brockschmidt did not show the mature trees along the back of the residential properties which would partially screen the view from the building; the glazing on the windows would inhibit any view into the residential area; the parking lot cannot be used for this building due to the loss of required parking spaces; the location chosen seemed the best one for new construction; the setbacks, heights, and use comply with the City's zoning ordinance and the California Building Code. Asked if the second story use will be all office and meeting rooms. Indicated the second story primarily consists of meeting rooms. Stated he had no problem with the building; his concern is the parking, which already creates a problem for access into and out of his driveway on Sundays between 8:00 a.m. and 1 :00 p.m. Asked if there is an easement and where it is located. Suggested that staff will provide that information. Asked for clarification of the height limit. Answered the height limit would be established by the Planning Commission; and, added there is a 10 foot easement along the Church's property line. - -- Asked if that 10 foot easement complies with the Code; and, if so, could a building actually be built within half a foot of that easement. Minutes - October 25, 2004 Planning Commission - Page 4 Ortlieb 7:43 p.m. Pontious Director Commissioners Mr. Gless Pontious Floyd Mr. Gless Director Menard Director Nielsen Floyd Answered in the affirmative. The Public Hearing closed. Stated the issues that were brought up require more information; suggested that a light and shadow study would be appropriate; and, asked that this item be continued in order for staff to consider the impacts of the project. Asked if such a continuance was the consensus of the Commission; and, suggested the applicant would probably need at least a month to fulfill the requests placed before him. Answered in the affirmative; and, asked that the item be placed on the agenda for the first meeting in December. Asked for clarification regarding exactly what the Commission is asking him to do. Answered that the architect should provide a light and shadow study and also provide alternative sites for the building indicating the constraints involved in such sites. Asked if the structure could be placed at the parking lot location behind the priests' home and make the building longer. Stated the walkway from the parking lot would be accented with trees and shrubs and keep the building as close as possible to that access; having the cars closer to the street would be preferable to having cars between the buildings. Asked that the Planning Commission provide general direction for the applicant. Stated the modular building was proposed as a temporary building to be removed in December 2000; he cannot support allowing that building as a permanent structure; the applicant is in violation of the original conditional use permit; allowing this building to remain will set a precedent for other churches to come back to the Planning Commission with similar requests. Asked that the Commission go through their comments before any rebuttal from the applicant's representative. Asked the Commissioners if they agreed with Commissioner Menard's position regarding the modular structure. Stated he is on record regarding setting such a precedent. Minutes - October 25, 2004 Planning Commission - Page 5 Pontious Lee Nielsen Pontious Director Nielsen Pontious Adopted Resolution No. 3936 Willkom Indicated that setting a precedent is something the Commission needs to consider. Suggested that perhaps there is a way to integrate the existing building with the proposed structure, which could possibly be accomplished by moving the location nearer to the existing building. Asked if the modular building could be permitted as temporary with a plan to remove it sometime in the future. Indicated the only way would be to accept the temporary use with a time certain when the use would be discontinued. Stated that a re-inspection may be required; the facility was to be discontinued about four years ago; staff does not know if the structure has been modified or re-inspected by the State or whether or not it currently meets the appropriate safety standards; the use was to be discontinued as of this date. Recapped the Commission's concerns as follows: . The light and shadow study. . The easement concern. . Alternate placement of the new building and concern with modular building becoming permanent. Moved that this item be continued to the Planning Commission's first meeting in December, seconded by Floyd. Motion carried 5-0. 3. 2003-04 GENERAL PLAN ANNUAL REPORT. California State Law requires each City to adopt a comprehensive, long-term general plan for its physical development and any land outside its boundaries which bears a relationship to its planning activities. As a blueprint for the future, the plan contains policies and programs designed to provide decision makers with a solid basis for land use related decisions. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3936 recommending that the City Council adopt the 2003-04 Annual Report on the Status of the Tustin General Plan. Presented the staff report. Minutes - October 25, 2004 Planning Commission - Page 6 -------~ - - ----- - -- - Menard Willkom Nielsen Willkom Continued to a date to be determined Director Peterson Floyd Asked how many residents are participating in the Mills Act. Responded there are six properties currently involved in the Mills Act program. Asked regarding Goal 12 what is meant by "maintain a semi- rural low density character of North Tustin." Indicated that North Tustin is part of the City's sphere of influence but not part of the City's jurisdiction. It was moved by Floyd, seconded by Pontious, to adopt Resolution No. 3936. Motion carried 5-0. 4. DENSITY BONUS WORKSHOP. The workshop is intended to provide the Planning Commission with an overview of how the incentives for the development of affordable housing and the density bonus law applies to the City of Tustin. Staff will provide a PowerPoint presentation at the meeting. Stated the workshop needed to be continued due to recent State legislation that will modify the operation of density bonuses in the State of California; the local ordinance also may need modification to be consistent with State law; the City Attorney and staff will be investigating how the new legislation will impact the local ordinance and report back to the Planning Commission. 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. Noted there are a number of projects in the grading stage (i.e. Heritage Plaza on First Street and the Barn site at Edinger and Newport Avenue); pointed out the Gateway Business Park, which is the second half of the Steelcase site and is in the framing stage-265,OOO square foot office and industrial development; showed the progress on the Tustin Ranch Golf course, a 6,000 square foot banquet facility extension, and the completed Pacific Business Center on Woodlawn at Edinger; and, indicated that construction will begin November 1st on the widening project at Newport and Irvine Boulevard. Asked what is happening with Trader Joe's. Minutes - October 25, 2004 Planning Commission - Page 7 Peterson Nielsen Anderson Nielsen Anderson Director Director reported Answered that Trader Joe's is doing their tenant improvements. Referred to flyers on the City's Web site regarding the Irvine and Newport expansion and the Red Hill expansion; noted there was an Open House at the Senior Center on October 20th for the Irvine and Newport expansion; and, asked if there was also an Open House for the Red Hill expansion. Indicated the contract for the Red Hill expansion was awarded in August 2003; there was an Open House at that time. Asked if Mr. Anderson attended the most recent Open House. Answered in the negative but offered to provide information from that event; indicated that mostly business owners attended; and, noted concerns were heard from the owners of Tustin Brewery regarding the loss of the temporary parking on the street that serves the facility. Stated the commercial development for Prospect Village has been received into plan check; that portion should begin during the first quarter of 2005; the residential portion of the project will follow. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE OCTOBER 4 AND OCTOBER 18, 2004, CITY COUNCIL MEETINGS. The City Council approved the Disposition and Development Agreement for a Town Center Redevelopment project, consolidating two parcels on which Makena Great American Newport Company proposes to construct a 7,400 square foot one-story retail commercial building at the southwest corner of Newport Avenue and EI Camino Real; this is the former Tustin Transmission and Caltrans property; this proposal will be brought to the Planning Commission in the near future. Noted there had been interest expressed in a County island located in the vicinity of 1th Street and Tustin Avenue; the Planning Commission asked that the item be placed on a future agenda; members of the public also presented this item of interest before the City Council; the item was continued to the Council's second meeting in November; when staff reports back to the City Council, a report will be provided to the Planning Commission. Minutes - October 25, 2004 Planning Commission - Page 8 Floyd Pontious Director Commissioners Menard Lee Nielsen COMMISSION CONCERNS Thanked staff for tonight's presentations. Reminded everyone to vote next Tuesday. Reminded everyone that the Dino Dash takes place November 7; and, encouraged everyone to attend. Noted he recently saw a line around the corner at CompUSA and was glad to see the location is open and doing good business. Stated that Best Buy will be opening November 10, 2004, and encouraged community support of that location. Thanked staff for the summary of projects. Requested timelines for the development of The Legacy similar to those provided during the buildout of Tustin Ranch. Indicated the Redevelopment Agency has been preparing monthly reports; as the negotiations for the business plan with the master developer progress, those reports can be provided to the Commission. Asked if the Planning Commissioners were aware of the workshop scheduled at 4:30 p.m. before the Council meeting on November 1, 2004. Answered in the affirmative. Stated that Dino Dash is a very good cause. Suggested the recreational trail currently going through Tustin Legacy between Harvard Park and Barranca be connected from Portola all the way to the Back Bay; and, asked that this item be added to the timeline. Announced that Thursday, October 28, at 7:00 p.m., the Tustin Unified School District Coordinating Council and the Tustin PT A Council will host a School Board candidates' forum at Columbus Tustin Middle School. Stated he had nothing to add to the other Commissioners' comments. Noted that Tiller Days was a success and a good time was had by all. Minutes - October 25, 2004 Planning Commission - Page 9 Nielsen continued Thanked staff for the summary of projects. Noted the passing of Stephen Whitehill who was a prominent Tustin High School supporter; he died last Sunday at the age of 47; he was a benefit to the community and will be missed. Thanked Greg Simonian for sitting in for Doug Holland who is on vacation; and, thanked staff for the presentations. 8:17 p.m. ADJOURNMENT: It was moved by Floyd, seconded by Menard, to adjourn the meeting. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Monday, November 8, 2004, at 7:00 p.m. in the Clifton Miller Community Center at 300 C nial W. . ?2~.d.7i? ~-L; Elizabeth A. Binsack Planning Commission Secretary Minutes - October 25, 2004 Planning Commission - Page 10