Loading...
HomeMy WebLinkAboutPC Minutes 06-27-05 7:00 p.m. Given All present Staff present None Approved Adopted Resolution No. 3977 and Resolution No. 3978, as modified MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JUNE 27, 2005 CAll TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director Jason Retterer, Deputy City Attorney Justina Willkom, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JUNE 13, 2005, PLANNING COMMISSION MEETING. It was moved by Floyd, seconded by Menard, to approve the Consent Calendar. Motion carried 3-0. lee and Pontious abstained. PUBLIC HEARINGS 2. USE DETERMINATION 04-002, CONDITIONAL USE PERMIT 04-019, AND DESIGN REVIEW 04-018 REQUESTING A USE DETERMINATION TO ESTABLISH INDOOR, ONE-ON-ONE FITNESS TRAINING AS A CONDITIONAllY PERMITTED USE IN THE COMMERCIAL DISTRICT OF THE FIRST STREET SPECIFIC PLAN AND TO CONDITIONAllY PERMITTHE USE AT 155 WEST FIRST STREET. THE APPLICANT IS ALSO REQUESTING AUTHORIZATION TO DEMOLISH AN EXISTING 1,710 SQUARE FOOT AUTOMOTIVE SERVICE BUilDING AND CONSTRUCT A NEW 2,111 SQUARE FOOT BUILDING TO ACCOMMODATE THE PROPOSED USE. RECOMMENDATION: That the Planning Commission: Minutes - Planning Commission 6-27-05 - Page 1 1. Adopt Resolution No. 3977 approving Use Determination 04-002 to establish indoor, one-on-one fitness training as a conditionally permitted use in the Commercial as Primary District of the First Street Specific Plan (FSSP); and, 2. Adopt Resolution No. 3978 approving Conditional Use Permit 04-019 and Design Review 04-018 to conditionally permit indoor, one-on-one fitness training at 155 West First Street and allow the demolition of a 1,710 square foot automotive service building and permit construction of a new 2,111 square foot building to accommodate the proposed use. 7:02 p.m. The Public Hearing opened. West Presented the staff report. Floyd Asked what business is next door to this site. West Replied that the business is Surfas Furriers. Floyd Asked if parking is available at the furrier site. West Responded that question could be asked of the owner of that business, who is present this evening. Pontious Suggested it is not necessary to provide disabled parking for a fitness use; asked if that space could be changed; and, asked if on- street parking would be available. West Answered that the disabled parking counts in the parking requirements; and, noted staff did not review the on-street parking. Pontious Stated she understood that but would feel more comfortable if there were on-street parking to compensate for the fact that a disabled space is required. Nielsen Added that he visited the site today; and, asked if staff was aware of on-street parking requirements. West Indicated he was not aware of any restricted on-street parking; based on the site plan, there would probably be two parking spaces on the street in front of the business. Director Noted the disabled access cannot be eliminated on this site; there might be one space on First Street and one on the side street that could be used but ænnot be counted toward the required number. Minutes - Planning Commission 6-27-05 - Page 2 Menard Added there is also parking across First Street at Peppertree Park; and, noted that he spoke to Michael-Ann Pevehouse, one of the adjacent owners at Healthy Lifestyles Weight Management. Asked about the designation C on Resolution No. 3978 that was not listed on the source codes. West Stated that would be revised; the C is provided during the application process and is changed to a number when it becomes part of a resolution. Menard Noted that on page 6 in Condition 3.3 "first" class should be changed to "prior" class to clarify there will be more than two classes per day. Lee Asked if it would be possible to consider tandem parking. West Responded that the City does not allow tandem parking; all spaces must be free and accessible. Lee Asked if there might be fire issues regarding the back-out turning radius. Menard Suggested that the trash enclosures could be moved to the wall where the disabled parking stall is located and reduce the 27 -foot drive aisle; this would help pull in the compact and standard stalls that are adjacent to the alley; if the City allows, perhaps parking could be provided off the alley and off a driveway. Director Indicated that staff explored those options; none was desirable to the applicant and owner; tandem parking would create a precedent; the applicant wanted to consider the desirability and livability for the adjacent residential properties; this site might qualify for variance opportunities given the size, shape, and other issues associated with this unique site. Menard Noted that the staff report indicates the proposed parking would be in compliance with City Code. Director Agreed that the parking will be acceptable for this use; reuse could be an issue and will have to be considered on a case-by-case basis; a variance could be considered at that point in time, if necessary. Nielsen Asked for the current height of the structure existing on the site. West Stated the current building is 16 feet high, which is two feet lower than the proposed building, except for the rear portion that will be higher. Minutes - Planning Commission 6-27-05 - Page 3 Nielsen West Menard Nielsen Margo Mavridis, representing the applicant Menard Ms. Mavridis Mr. Menard Ms. Mavridis Tina Surfas, Surfas Furriers Menard Asked how the setbacks compare with the furrier company's. Stated he did not know the precise setback; the new structure will be closer to First Street than Surfas Furriers. Indicated that it appears setback aligns with the new construction on the opposite side of the furrier. Invited the applicant to the lectern. Stated the applicant agrees with the report as presented; it is the applicant's desire to be a good neighbor to the commercial and residential elements; alley access would not be beneficial to the residential property owners and, therefore, will not be used. Indicated he is very excited about this project on a corner that has been vacant a long time; the proposed building is a clean style of architecture; since this structure will be next to an intricately detailed building in Old Town, it would be nice to design something to blend in, such as: something with less stucco; elimination of the standing seam roof to offset the costs and make it a wash for construction; add an area of veneer brick at the top underneath the cornice to match the structure being built on the opposite side of the furrier; make the trash structure an integral part of the building. Asked if Commissioner Menard was suggesting squaring off the top. Stated he was suggesting removing the standing seam, having a step, and dressing up the front of the building with a band of veneer to reduce the mass of the stucco. Indicated that Commissioner Menard's suggestions would be taken into consideration. Stated her husband could not be at the meeting due to being activated to duty at the Pentagon; their major concerns are: the visibility of their property; parking; the building finish and the colors; the trees planted in front of their sign; access to the alley is important for deliveries to their building and is therefore not available for parking; the front setback was an issue when they built their structure; now it seems the City is allowing the buildings on either side of them to be closer to the street and higher; it seems the City is not using the same regulations and standards that were applied to their site; the Econo Lube lot does need to be developed, but the City should first consider all the above issues. Thanked Mrs. Surfas for coming forward; and, asked her if the bin at the rear of the Surfas building is permanent. Minutes - Planning Commission 6-27-05 - Page 4 Mrs. Surfas Menard Mrs. Surfas David Grant, 130 North C Street, Tustin Floyd Mr. Grant Floyd Mr. Grant Floyd Mr. Grant Geoff Frost, 133 C Street, Tustin Kris Massaro owner, Starting Line Fitness Floyd Menard Stated the bin has been there for a long time. Asked what the bin is used for. Indicated it is a storage bin. Stated he lives near the location and is concerned about the business hours since his young son's bedroom is very close to the parking area; the parking is very tight on C Street, and this site will make the problem worse; putting the entrance to the building on the First Street side would seem a better option. Asked Mr. Grant if he lived in the same location when Econo Lube was the tenant and whether or not he remembered what their business hours and noise factors were. Indicated he was not sure but thought the business opened at 8:00 a.m. on weekdays and 9:00 a.m. on weekends. Stated his recollection that the residents were concerned about the traffic and the noise during the time that business was in operation. Noted that the residents are excited to have something new on this site and have the residential values increase as a result of this use. Asked if Mr. Grant was satisfied with the business that is being proposed. Indicated in the affirmative. Stated his concern was the parking; however, he likes the building design and business planned for the site. Stated that she understands the residents' concerns; noise has never been a problem for her business since music is not played loudly; at her present location, her neighbors are very close and noise has never been a problem; most of the time it will just be three employees and three clients in the building; she and her trainers will utilize the parking at Peppertree Park to alleviate the situation. Suggested that it would be a good compromise to have employees park near the Park. Thanked Ms. Massaro for speaking; and, asked her where her business is located now. Minutes - Planning Commission 6-27-05 - Page 5 Ms. Massaro Stated she is at another location in Old Town. Menard Indicated he is pleased that Ms. Massaro chose this site and chose to stay in Old Town. Director Reiterated that the parking is in compliance with the Code requirements for the number of individuals expected to be on-site at any given time; when the furrier proposal was considered, staff provided some relief administratively based on the warehouse use versus storage which is typically not done; the hours of operation are within the Planning Commission's discretion; there are conditions of approval in the resolution providing for further staff consideration if there are complaints regarding impacts on the surrounding property; the hours can be modified this evening or the Planning Commission can grant approval, giving the applicant the opportunity to ensure there will not be an impact. Language modifying the conditions was suggested for the Commission's consideration as follows: 1. Condition 3.3 could be modified to replace "first" with "prior." 2. Condition 1.1 could be modified to add a sentence at the end: "Prior to submittal into plan check for the Planning Commission's direction, the applicant shall eliminate the standing seam roof, integrate the trash enclosure into the overall architecture, and reduce the stucco mass." Menard Stressed that his suggestions are not intended to increase the cost of the project, but for the project to blend in better with Old Town; this use will be a vast improvement over what is there now. 7:45 p.m. Floyd The Public Hearing closed. Stated his support of the project and Commissioner Menard's recommendations as long as no significant cost is imposed; understands the applicant's need to start at 6:00 a.m. and also understands the concerns of the residents but will take the applicant's word that noise will not be a problem; staff has the option to bring this back to the Commission if problems arise; it will be good to be rid of the blight on that corner and welcome this new business at that location. Pontious Noted that when she first started on the Planning Commission, the First Street Specific Plan (FSSP) was being considered; for many years, nothing happened that was within the goals and objectives of that plan; it is wonderful to see a non-automotive use project coming forward that does fit; the parking concerns should be alleviated by the owner and employees parking elsewhere; she supports the project, with the modifications requested by Commissioner Menard. Minutes - Planning Commission 6-27-05 - Page 6 Lee Stated his full support of the design, with the modification that the trash enclosure will be concealed. Menard Asked staff about the reason for the setback at the adjacent building and whether or not there are requirements in the FSSP for buildings be a certain distance from the sidewalk. Director Responded that the FSSP encourages the buildings to be more pedestrian oriented and brought to the sidewalk; staff proposed this orientation to Surfas Furriers, but the applicant chose the existing design. Menard Thanked Mrs. Surfas, Mr. Grant, and Mr. Frost for letting the Planning Commission know they feel about these projects; public comments are important to the process; the hours of operation are in conformance; the parking is in compliance; the setbacks comply with the FSSP; the building will not be any closer or any more of an obstacle than the current building; therefore, the Planning Commission cannot make changes to those conditions; this is a perfect use for the site; he supports the project and hopes the business will be successful at this new location. Nielsen Stated he also favors the project; the shape and size of this property creates a unique design problem, and he applauds staff and the applicant for their efforts; while he understands the concerns that were expressed, this will be an excellent use and ideal solution for that tight site, considering what was there before and what could have been requested; the only concern would be that the signage for Surfas Furriers should not be obscured by the landscaping that is proposed; the signage should be visible from First Street heading east. West Indicated that staff could address that issue. Menard Asked that a line-of-sight study be done before removing any trees. Pontious Agreed with Commissioner Menard; a tree will not obstruct the view as bushes might. Nielsen Asked that staff make any modification necessary to ensure that the Surfas Furrier sign will be visible from First Street; stated his agreement with Commissioner Menard regarding the building design; and, asked if the applicant agreed with the suggested modifications. Pontious Suggested that the new language can provide for flexibility that would allow staff to work with the applicant on the design. Minutes - Planning Commission 6-27-05 - Page 7 Director Stated that there is enough leeway in the condition of approval to allow for staff approval of minor modifications. Nielsen Asked the applicant to respond. Ms. Mavridis Indicated the only concession creating difficulty would be the request to make the structure single story; two stories are necessary for the office space to be upstairs to allow the space necessary for parking; taking the diagonal off the roof line would be problematic for supervision from the office space; the workout space must be visible from the office. Nielsen Suggested the applicant and architect could work with staff to resolve that issue. It was moved by Pontious, seconded by Menard, to adopt Resolution No. 3977 and Resolution No. 3978, as modified. Motion carried 5-0. None REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE JUNE 20, 2005, CITY COUNCIL MEETING. Director Stated the City Council held public hearings and approved the two Tentative Maps for conveyance purposes related to the Lennar project; Lennar has been working with City staff to fulfill the conditions of approval; the Final Maps will be going to the City Council at the next meeting. Noted the City Council appealed the La Sera! Baby Jun! conditional use permit; a public hearing will be scheduled for the City Council's second meeting in July. Menard Asked what the reason was for the appeal. Director Indicated the City Council had concerns regarding the potential that it may become a night club. Floyd Asked what the specific City Council concerns were. Director Responded that the concerns were generally related to operations, the hours of operation, cover charges, etc. Pontious Suggested that the policy issues involved would warrant further consideration by the City Council. Minutes - Planning Commission 6-27-05 - Page 8 Director Commissioners Lee Nathan Floyd Pontious Asked the Commissioners to determine the best date for a tour of The Legacy, beginning at 5:30 p.m. Indicated the first meeting in August would be best for everyone. COMMISSION CONCERNS Thanked staff for this evening's report. Thanked staff for their hard work on the report. Congratulated Linda Jennings and Kenn Hobson as the Tustin Area Woman and Man of the Year for 2004. Congratulated Mary Hill on her election as Chamber of Commerce President. Reminded everyone that Concerts in the Park take place every Wednesday. Thanked Tustin News for the wonderful article regarding his AIDS/LifeCycle4 ride from June 5-11; acknowledged three other people who rode with him: Jim Tyhurst, Gary Drake, and Josh Levezow, who were with him through the entire experience and deserved equal recognition. Commissioner Menard further stated that he "could not have done the ride without the support of these three great friends." Thanked staff for the nice job on the presentation. Congratulated Kenn Hobson and Linda Jennings, both of whom are outstanding individuals and wonderful citizens of Tustin. Encouraged everyone to attend and bring their friends to the concerts. Reminded everyone of the July Fourth fireworks display at Tustin High School. Asked that tonight's meeting be adjourned in memory of John Dobak who passed way this week; he is survived by his wife, Susan, and both were active citizens within the City; services will be held at Saddleback Mortuary at 1 :00 p.m. this Saturday. Wished everyone a happy Fourth of July. Noted that she recently visited Columbus, Ohio, and was struck by the lack of architectural features in the housing; what is being done Minutes - Planning Commission 6-27-05 - Page 9 in Tustin compares favorably with the less creative developments she observed during her travels throughout the Midwest. Nielsen Encouraged everyone to attend the Fourth of July Fireworks where he will again be working the parking facilities. Congratulated Linda Jennings and Kenn Hobson; and, noted that Ms. Jennings is a former Planner Commissioner and Chairperson of the Commission. Thanked staff for their work on tonight's project, which is a tough site. 8:08 p.m., In Memory of John Dobak ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, July 11, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ~/4;;£~¿ Elizabeth A. Binsack Planning Commission Secretary ~." Minutes - Planning Commission 6-27-05 - Page 10