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HomeMy WebLinkAbout01 PC Minutes 12-13-04 7:05 p.m. Given All present Staff present None Approved Continued to the January 10, 2005 Planning Commission meeting ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 13, 2004 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Terry Lutz, Principal Engineer Chad Ortlieb, Associate Planner Matt West, Associated Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - NOVEMBER 22, 2004, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Menard, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 2. CONTINUED CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 TO ALLOW A 2,490 SQUARE FOOT TEMPORARILY PERMITTED MODULAR BUILDING TO REMAIN IN USE FOR TWO (2) YEARS AS A CLASSROOM BUILDING AND TO CONSTRUCT FOR A 5,950 SQUARE FOOT FREE STANDING OFFICE AND MEETING ROOM BUILDING FOR THE CHURCH. THIS PROJECT IS LOCATED IN THE PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT. RECOMMENDATION That the Planning Commission approve Alternative 2 for Conditional Use Permit 04-011 and Design Review 04- 009 by adopting Resolution No. 3935. Minutes - Planning Commission December 13, 2004 - Page 1 7:07 Ortlieb Director Nielsen Aric Gless, architect, representing St. Cecilia Church Menard Don Brockschmidt, 14702 Charloma Drive, Tustin The Public Hearing opened. Presented the staff report. Added that the applicant has expressed a preference for Alternative 3; since the resolution does not address this alternative, it may be necessary to continue this item to the next meeting in order for staff to present a revised resolution and conditions of approval. Invited the applicant to the lectern. Stated that the planning staff was very helpful is assisting the applicant with the issues raised at the earlier Planning Commission meeting; Father MacCarthy, St. Cecilia's pastor has stated the one-story design presented in Alternative 3 is now the preferred solution; Mr. Brockschmidt did not return telephone calls made by the applicant; Alternative 3 would eliminate the concerns expressed by Mr. Brockschmidt at a prior Planning Commission meeting; the four parking stalls that will be lost to the one-story design would not be a factor because there are more spaces than required; the shading of the one-story building would not affect Mr. Brockschmitdt's yard because the mature trees in his yard cast more shade than the building would; the easement is on the residential side and not an issue on the Church property; the temporary buildings on the various schools in Tustin are clearly temporary buildings that still have the plywood skirt at the bottom and are sitting on jacks with ramps going up to them; the modular building on the St. Cecelia site is at the ground, is seismically anchor bolted to a concrete foundation in the ground; landscaping includes mature trees surrounding the structure; the structure is as permanent as anything in the City; since the temporary structure is in constant use, the applicant is requesting at least a two-year extension of the building. Commented that the Planning Commission received a copy of Fr. MacCarthy's letter pleading that the modular building be allowed as a permanent structure; the City has no jurisdiction over schools; the conditional use permit expired in 2000; nothing has been done; the Planning Commission is not trying to prove anything, but only to assure that no precedent is set. Stated he is a neighbor of Fr. MacCarthy; of the three alternatives, he favors Alternative 2; the third alternative would be intrusive to two other homes; if Alternative 3 is allowed, the distance between the building and the wall should be 19 feet rather than 10 feet; the Church seems to be manipulating the Minutes - Planning Commission December 13, 2004 - Page 2 Sheila Fiorenza, 178 North A Street, Tustin City into continuing the two-year extensions that allow the temporary building to remain on the site. Stated she was the parish representative for St. Cecelia's Cursillo, a group that uses the Salmon Center; meetings are difficult to schedule because the facility is always booked by various community groups; the fact that the building is temporary does not mean that it is right to tear down a perfectly good building that is used by the Church but also serves the community; allowing the extension will not set a precedent of allowing similar buildings at other locations; the crowding and strain that has been put on Tustin from the ongoing development should allow for exceptions in cases such as this. Thomas Collins, Stated he is a member of St. Cecilia's parish; all the Church 18622 Hillhaven Drive, facilities are booked throughout the day; if the modular building Tustin were to be lost at this time, it might be necessary to impose on the City to provide meeting rooms. Eric Lenning, 17966 Irvine Boulevard, Tustin 7:32 p.m. Pontious Floyd Stated he has been a St. Cecelia parishioner for about five years; during that time, the modular section has been used to its fullest capacity by 4,000 families; Monsignor Salmon is very near and dear to the parish because he was the first pastor of St. Cecelia's and also started their Knights of Columbus chapter; the modular structure is a part of history; it seems as though the distinction between modular and permanent is a fine line; there should be a better alternative to the impasse than removing this structure. The Public Hearing closed. Indicated that she would be in support of Alternative 2; if the applicant prefers Alternative 3, it will be necessary to have staff look at the proposal again; perhaps the Planning Commission should allow the two-year extension for the modular building and additional extensions with inspections, without returning to the Planning Commission for the whole process again. Stated that he agrees with Commissioner Pontious regarding the design of Alternative 2 or Alternative 3, with staff review and return to the Planning Commission; the fact that the modular buildings are in use seven days a week is not a factor; the precedent-setting of modular buildings is the issue; while these may be nicer than the School District's, the City does not have the ability to require the District to comply; the two-year extension should be allowed, but automatic renewal every two years should not be allowed; the Church should have a plan to replace the modular buildings; while building space is limited in the City Minutes - Planning Commission December 13, 2004 - Page 3 and the costs are high, modular buildings are not the answer to this problem. Lee Stated he agreed with Commissioners Floyd and Pontious; he did not study Alternative 3 as well as he did Alternative 2, which seemed like a good compromise of the issues presented at the prior meeting; the two-year extension would be acceptable, but the Church should make a good faith effort to replace that building. Menard Indicated he has no preference between Alternatives 2 or 3; it is up to the Church which option to pursue; the shadow studies were helpful; while he understands the argument to keep the modular building, he firmly believes the building must go. Nielsen Noted that it seemed to be the Commission consensus to allow the modular for the two-year extension; the surety bond (Condition 1.9) should be eliminated. Director Stated that approval of Alternative 2 would allow adoption of the resolution, and the surety bond could be eliminated Nielsen Suggested that, if the applicant chooses Alternative 3, the staff will need to work out the details and the item should be continued to a later meeting. Director Noted the continuance would be the only item for the December 2ih meeting. Pontious Suggested a continuance to the first meeting in January. Director Indicated that would allow staff enough time and the next meeting would be January 10, 2005. Mr. Gless Stated a continuance to January 10, 2005, would be preferable to the.applicant. Menard Referred to page 6, Item D.d. of Resolution No. 3935 and suggested that an exemption for holy days of obligation should be included. It was moved by Pontious, seconded by Floyd, to continue this item to the first meeting in January and that staff should come back with an analysis of Alternative 3 and also eliminating the surety bond. Motion carried 5-0. Minutes - Planning Commission December 13, 2004 - Page 4 Voted 3-2 to allow the drive-through; staff is to bring a revised resolution to the January 10, 2005 Planning Commission meeting; this resolution will be a Consent Calendar item 7:43 p.m. West Nielsen Kenny Dewan, applicant, owner and operator of the Tustin Farmer Boys Nielsen Mr. Dewan Floyd Mr. Dewan Floyd 3. CONDITIONAL USE PERMIT 04-026 AUTHORIZING CONSTRUCTION OF A DRIVE-THROUGH LANE IN CONJUNCTION WITH AN EXISTING 2,983 SQUARE FOOT FAST-FOOD RESTAURANT ON THE NORTHWEST CORNER OF PROSPECT AVENUE AND FIRST STREET. THIS PROJECT IS LOCATED IN THE DESIGNATED "COMMERCIAL" WITHIN THE FIRST STREET SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3940 denying Conditional Use Permit 04-026 to construct a drive-through lane in conjunction with an existing 2,983 square foot fast-food restaurant, on the northwest corner of Prospect Avenue and First Street or take other action as deemed appropriate. The Public Hearing opened. Presented the staff report. Invited the applicant to the lectern. Thanked staff for their assistance and support of this project, which started in March 2002; indicated he had a written statement that he wished to read and which is included herein by reference. Asked for an estimate of how much the business would increase with the installation of a drive-through window. Answered that the average Farmer Boys does about 20 percent of their total business in the drive-through lane; the estimate for this location is a 15 percent increase. Questioned whether the proposed change in the hours of operation would be for the restaurant or the drive-through. Indicated that he was open to both; it is the neighbors who feel that the restaurant should be closed an hour earlier with the addition of the drive-through; he is willing to compromise. Stated his understanding that certain restaurants close the drive- through windows earlier but may keep the inside operation open later; the interior hours should be allowed to be later; and, asked what the removal the patio dining area would accomplish. Minutes - Planning Commission December 13, 2004 - Page 5 Mr. Dewan Menard West Patrick Stroupe, 185 Lockwood, Tustin Don Melcher, 14072 Windsor Place, Tustin John Beck, 1072 Triumphal, Santa Ana Answered that the original concerns were the patio dining and the drive-though lane; if it must be one or the other, he would rather have the drive-through lane; this location cannot survive without a drive-through lane. Asked staff for the McDonald's hours. Stated McDonald's is open until 1 0:30 p.m. Stated he opposes the drive-though just as he did on the original application; he did not appreciate Mr. Dewan's repeated attempts to contact him and his wife by telephone to set up meetings to talk about the project; one of the promises the City made was no construction activity after dark; just before Thanksgiving, the company hired to do the job poured concrete from 6 p.m. until 11 p.m.; the police would not shut down operation of the generators and the lights and remove the contractor from the property; only a chain link fence separated his back yard from the Farmer Boys property; the noise, exhaust, pollution, and traffic are ongoing concerns for his neighborhood; it will be impossible for a full-sized car to make an 180-degree turn in the parking area; raw sewage recently flowed into the parking lot, requiring his family to leave their house for four hours because the smell was so nauseating; power-washing was required to clean the parking lot; the approval of a drive-through would require more construction; given the past incidents, the neighborhood should not be subjected to this again; the staff report states the noise level for residential properties to be 55 decibels from 7:00 a.m. to 10:00 p.m. and 50 decibels from 10:00 p.m. to 7:00 a.m., but the highest noise level to be allowed would be 62 decibels-a distinct contradiction; the report also states the speaker board would not exceed 90 decibels; the City's promises regarding noise, light, traffic, pollution have not been kept; the smell of fried food permeates the neighborhood 24/7; this drive-through should not be allowed. Wished everyone happy holidays; he is a manufacturer's representative by trade and has called on small businesses all his life; he supports the drive-through because it will make Mr. Dewan competitive in the current environment. Stated he is a friend of Brian McGinnis who lives at 165 Lockwood which is two houses down from Patrick; Mr. McGinnis could not be at tonight's meeting and wanted his comments heard; all the comments made by Patrick regarding the inconveniences to the neighborhood are also concerns of Mr. McGinnis; the increased hours and the drive-through will change the makeup of the restaurant's patrons; it is now a family dining Minutes - Planning Commission December 13, 2004 - Page 6 Tiffany Stroupe, 185 Lockwood, Tustin Leslie Pena, 165 Lockwood, Tustin Alicia Watkins, 195 Lockwood, Tustin Mr. Dewan restaurant; a drive-through may bring undesirable elements to the area, which is a major concern given the number of families in the neighborhood. Stated this proposal is the same one the neighbors objected to before; the picture of the Farmer Boys property that was shown in the staff report provides the illusion of a much larger space than actually exists at the site; the space will be very congested, making a 180-degree turn difficult; putting the neighborhood through more of the same is inappropriate; there is no business at this restaurant at nine o'clock at night, so closing earlier would be more cost-effective; closing earlier as a "concession" makes no sense; she wrote letters on a number of occasions to staff and members of the Planning Commission before earlier meetings; calls from Mr. Dewan were unwelcome; since her father suffered a head injury and passed away today, it should be clear how important this issue is for her to attend the meeting this evening. Indicated she is new to the community and resides adjacent to Farmer Boys; the traffic is a serious issue; several accidents have occurred at First and Prospect; more cars going in and out will increase the risks; cars turn left onto Prospect all the time; her children are allowed to walk to the restaurant and that driveway is a constant worry; young families are moving into the neighborhood and should not have to be concerned for the safety of their children; this is primarily a residential neighborhood that does not generate a lot of business for this type of restaurant. Stated she is new to the neighborhood and agreed with the comments made by her neighbors; Mr. Dewan stated he is losing money but finds a way to give back to the community; trying to win over the community to get votes to allow the drive-through is not appreciated; the trash in the yards is already unbelievable; traffic is a nightmare; no one is in the restaurant after eight o'clock at night; it seems a drive-through would make little difference; it was a bad business move to put that business in that location. Responded that: . The construction complaint was true; the City fined the general contractor, and Farmer Boys wrote a letter of apology to the City and the residents. Minutes - Planning Commission December 13, 2004 - Page 7 . The sewage spill was the result of the ongoing Orange County sewage project along Prospect; it was the County's obligation to correct the problem. . The purpose for calling the residents was that other community members encouraged him to do so; the intention was to find a comfortable approach to solving the issues. . The residents bought their homes next to a commercial street and understood this at the time of purchase; the site was formerly a Mobil gas station; there is a car repair shop nearby; there are a McDonald's and Der Wienerschnitzel nearby. . As a conscientious business owner, he proposed compromises; the next tenant might not be as accommodating. . As a restaurant owner, it is important to reach out to the customers in the community to create good will and show the restaurant is there. Floyd Asked for further definition of the menu board noise level. Mr. Dewan Answered this would be a drive-through video confirmation that was developed by Delphi Systems in Costa Mesa; it has been placed in other cities with similar concerns when the commercial use is close to a residential use; the plan was to eliminate noise between the order taker and the customer; the customer places the order through the menu board, but the order taker does not repeat the order; a video display eliminates about 70 percent of the noise. 8:20 p.m. The Public Hearing closed. Pontious Stated she understood the neighbors' concerns; having only one alternative available makes this a difficult decision; Mr. Dewan has been an involved business owner; she was torn about what to do. Lee Noted that he was not on the Commission when this matter originally came before the Commission; the situation does not seem conducive to another driveway off Prospect; the only entrance that seems logical would be off First Street; people will still go in off Prospect and create problems; congestion at the corner of First and Prospect would continue; while he appreciates Mr. Dewan's attempts to please everyone, it does Minutes - Planning Commission December 13, 2004 - Page 8 not seem the current design will be conducive to a drive-through; unless there is another alternative, he is against project. Menard Indicated this is a tough decision; he was surprised the drive- through was not allowed on the original proposal; it is hard for a fast-food restaurant to operate without a drive-through; the turning radius does look tight; staff may need to study that a bit to see if there is anything in the radius that could be adjusted for the larger SUV vehicles; this is a land use issue within the First Street Specific Plan; the property owner has a right to apply for a drive-through; the applicant is willing to compromise to make the residents happy; the existing facility was built with a drive- through in mind; all the mitigation measures are in place; the wall is there; it meets or exceeds the noise ordinance; this applicant should be allowed to have the drive-through. Floyd Stated the food smells will not change with a drive-through; the left-hand turn onto Prospect remains a concern and the City should be enforcing that no left turn; the suggestion that Farmer Boys was buying votes in support of this drive-through is offensive; this owner has been a very good tenant of Tustin and a smart business owner who understands the outreach mechanisms of the charities he supports; it is surprising the drive-through was not approved with the initial application; staff's recommendation should be reversed and the drive-through allowed with the compromises proposed by the applicant. Nielsen Stated he was on the Planning Commission when this proposal was first presented; as Commissioner Menard stated, this is a land use issue; traffic was an issue with the proposed drive- through due to the U-turn feature and the left turns onto Prospect; these issues remain; staff's recommendation should be upheld; the neighbors should be aware that any new owner might be worse. Pontious Agreed with the concerns regarding traffic but supported the application approving the drive-through; and, suggested that staff bring a revised resolution back to the Planning Commission as a Consent item. Director Stated the applicant desired a decision be made tonight; if the consensus of the Commission is to approve the application, staff recommends the item be continued; staff generally understand what the Commission's concerns are and can incorporate them in a revised resolution. Menard Asked if a barrier could be erected on Prospect to prevent the left-hand turns. Minutes - Planning Commission December 13, 2004 - Page 9 Director Answered the traffic engineer should look at those types of improvements independently. Menard Added that he hopes the patio will remain. Floyd, Pontious Agreed that the patio should stay. Holland Stated it would be appropriate for the Commission to approve the project and direct staff to prepare a resolution approving the project with appropriate findings and conditions of approval to be submitted back to the Commission at the next meeting. Nielsen Suggested that a vote should be taken on the existing resolution. It was moved by Pontious, seconded by Menard, to deny the adoption of Resolution No. 3935 and direct staff to prepare a new resolution allowing the drive-though. Motion carried 3-2. None REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE DECEMBER 6, 2004, CITY COUNCIL MEETINGS. Director reported The City Council approved the Makena Tentative Parcel Map. The Council took action on the Final Tract Map for John Laing Homes (Tustin Field II). The Council certified Supplement #1 to the Final EIS/EIR for the extension of Tustin Ranch Road; the Public Works Department was directed to move forward with the plans and specifications for that project. The Council had the first reading of the code amendment related to massage regulations. Doug Anderson, the Traffic Project Manager, was in the audience to make a special introduction. Anderson Introduced Terry Lutz, the City's new Principal Traffic Engineer; and, indicated Mr. Lutz may be attending future Planning Commission meetings in Mr. Anderson's place. Planning Commission Welcomed Mr. Lutz. Minutes - Planning Commission December 13, 2004 - Page 10 COMMISSION CONCERNS Lee Wished everyone happy holidays. Menard Asked staff if there is a timeline regarding Newport Avenue going out to Edinger. Director Stated the project is moving forward; and, noted the City Engineer will be presenting a seven-year CI P update presentation before the Planning Commission in the near future. Menard Wished everyone happy holidays. Thanked staff for their work on tonight's items. Floyd Echoed Commission Menard's comments regarding staff's hard work. Stated he empathizes with the residents who live near the Farmer Boys site. Offered his condolences to the Dick Edgar family; and, noted he was a pillar of the Tustin community for many years. Wished everyone happy holidays. Pontious Thanked staff for their work. Added her holiday wishes. Requested that tonight's meeting be adjourned in memory of Dick Edgar, former Tustin mayor and dedicated volunteer for many years, who was tragically injured in a traffic incident and passed away in the hospital. Nielsen Asked if anything is planned for the old dairy property on Newport near the freeway. Director Answered there is a retail proposal for which there is draft approval. Nielsen Indicated the Shakey's Pizza sign is deteriorating and needs to be repaired as soon as possible. Stated we grieve the loss of Ms. Stroupe's father; and, added that he understood how difficult it was for her to address the Commission at this time. Minutes - Planning Commission December 13, 2004 - Page 11 Nielsen continued 8:50 p.m. In Memory of Richard "Dick" Edgar Added his words of condolence to the Edgar family; stated his death will be mourned by many; and, asked for a motion to adjourn the meeting in Mr. Edgar's memory. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, January 10, 2005, at 7:00 p.m. in the Clifton Miller Community Center at 300 Centennial Way. Minutes - Planning Commission December 13, 2004 - Page 12