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HomeMy WebLinkAbout01 PC Minutes 5-23-05 7:00 p.m. Given Pontious absent Staff present None Approved Adopted Resolution No. 3971 , as modified 7:02 p.m. Ortlieb Floyd ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MAY 23, 2005 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Dana Ogdon, Assistant Community Development Director Jason Retterer, Deputy City Attorney Justina Willkom, Senior Planner Chad Ortlieb, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - MAY 9, 2005, PLANNING COMMISSION MEETING. It was moved by Floyd, seconded by Menard, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS 2. MODIFICATION OF CONDITIONAL USE PERMIT 04-011 AND DESIGN REVIEW 04-009 REQUESTING MODIFI- CATION OF CONDITION 1.9 OF CONDITIONAL USE PERMIT 04-11 AND DESIGN REVIEW 04-009 TO EXTEND THE PERMITTED USE OF A MODULAR BUILDING FROM JANUARY 10, 2007, TO MARCH 1, 2012. RECOMMENDATION: That the Planning Commission approve the modification of Condition 1.9 of Conditional Use Permit 04-011 and Design Review 04-009 by adopting Resolution No. 3971. The Public Hearing opened. Presented the staff report. Asked for how long and on what authority the Community Development Director would allow an extension of the temporary use of a modular building pursuant to proposed Condition 1.9. Minutes - Planning Commission 5-23-05 - Page 1 Ortlieb Nielsen Responded that the condition itself established the authority and that the extension period would be at the discretion of the Director of Community Development. It was clarified that the Planning Commission could establish a timeframe in the condition. Invited the applicant to come forward. Fr. MacCarthy, Indicated he had no questions or comments. pastor of St. Cecelia Church Floyd Fr. MacCarthy Lee Fr. MacCarthy Nielsen Fr. MacCarthy Menard Fr. MacCarthy Menard Fr. MacCarthy 7:11 p.m. Floyd Asked if the structure is primarily used as a classroom. Replied that the building is used for religious instruction and adult study; the school does use the building from time to time but not on a regular classroom basis; the use includes various parish meetings and is the only space available for such use. Asked if there was a special reason for choosing the 2012 date. Indicated there is a new pastor arriving in a month; this timeframe will allow for an opportunity to minister to the spiritual life of the congregation as a gathering place; St. Cecelia's is a very busy parish; this meeting place is central to the parish's success. Asked if the structure is used by both the church and the school. Answered that the school has some meetings there, such as music lessons and liturgy preparation; however, the use is not confined to the school. Asked if there are intentions of extending the use beyond 2012. Indicated that will depend on the new building that is planned to replace the subject modular building; this question would be best addressed to the new pastor. Asked Fr. MacCarthy to please inform the new pastor of the deadline for removal of the temporary structure. Answered that he would be happy to do so. The Public Hearing closed. Stated his concern that the temporary aspect of this structure will be lost and the building ultimately allowed as a permanent structure. . Minutes - Planning Commission 5-23-05 - Page 2 Lee Asked if there is a mechanism for the Planning Commission to review this use in 2012. Ortlieb Answered that, if the permit expires and an extension is not requested of the Director of Community Development, there would be no other alternative but for St. Cecelia's to return to the Planning Commission. Nielsen Suggested the Director would have the discretion to bring this to the Planning Commission for further review. Ortlieb Stated that was correct. Lee Noted that he was also torn because continuing to extend the use could set a precedent; the building is attractive, but it was never intended as a permanent structure. Ogdon Added the Tustin community is beginning to see more modular units being proposed as classroom facilities; the South Orange County Community College structure at The Legacy is designed as a modular unit; staff considered the fact that the extension would not be detrimental to the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood; the staff report indicates that research showed no concerns or complaints from the neighbors; the applicant has made the structure consistent and compatible with the development; the 2012 date was requested to allow the new church leadership to move forward on construction of a new permanent building; staff's intent in providing the condition allowing the extension was to facilitate minor extensions while lengthy extensions would be at discretion of the Director to refer to the Planning Commission. Nielsen Summarized that the key is that this is a temporary classroom building with a time limitation that may be longer than those for other buildings; the fact that private schools are governed by the Planning Commission and public schools are governed by Tustin Unified School District, which uses modular buildings on a regular basis, may demand further consideration at some point. Menard Noted that he was adamantly opposed to a time extension for the modular building the last time this came to the Planning Commission; the Planning Commission does not have the opportunity to review what happens at public schools; having this item come back separately from the original design review that inVolved the new building makes it easier to allow for the extension; the circumstances are different given the new leadership; leniency should be allowed to give St. Cecelia's time to formulate plans for a permanent building and take action in the future; however, the Minutes - Planning Commission 5-23-05 - Page 3 Floyd Retterer Nielsen Fr. MacCarthy None Assistant Director Menard Assistant Director condition should be modified to include new language that requires the issue to come back to the Planning Commission rather than be decided at the discretion of the Director. Stated his agreement with Commissioner Menard's remarks. Indicated that such a modification could be accomplished by removing the last sentence and stating an intention to bring the item back to the Planning Commission in 2012 if there is a request for a further extension at that time. Asked if the applicant was in agreement with that modification. Indicated in the affirmative. It was moved by Floyd, seconded by Menard, to adopt Resolution No. 3971, with a modification to delete the last sentence of the proposed Condition 1.9 and replace it with a statement indicating that any future extension requests need to return before the Planning Commission. Motion carried 4-0. REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE MAY 16, 2005, CITY COUNCIL MEETING. Reported that the City Council approved Zone Change 05-001, MCAS-Tustin Specific Plan, relating to density calculation, development unit definition, and transfer of units. Noted that the Cultural Resources Advisory Committee requested several changes to their charter, including recommendations for Code amendments that would change the official title from Cultural Resources Advisory Committee (CRAC) to Historic Resources Committee. Asked if there will be any code amendments. Answered there were a number of recommended changes; the title change will require modification of the Ordinance; the Committee wants to be able to meet more than once quarterly, which is also in the Ordinance; those items will be brought to the Planning Commission as they are developed. Minutes - Planning Commission 5-23-05 - Page 4 Lee Menard Menard continued Floyd Nielsen 7:28 p.m. COMMISSION CONCERNS Thanked staff for tonight's report. Reminded everyone that the Chili Cook-Off is coming in June. Indicated he will miss the Cook-Off since he will be riding in the bicycle AIDS/HIV fund raiser from San Francisco to Los Angeles that weekend. Extended compliments to The Olson Company for the attractive models that are now open on Newport Avenue. Wished Commissioner Menard good luck. Thanked staff for the report. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, June 13, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission 5-23-05 - Page 5