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HomeMy WebLinkAbout01 PC Minutes 8-8-05 7:00 p.m. Given All present Staff present None Approved Continued to August22,2005 ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 8, 2005 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Doug Anderson, Senior Project Manager-Transportation Jim Draughon, Redevelopment Program Manager Justina Willkom, Senior Planner Matt West, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JULY 25, 2005, PLANNING COMMISSION MEETING. It was moved by Pontious, seconded by Lee, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS 2. CONTINUED CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001 REQUESTING TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO A COMMERCIAL PRESCHOOL FOR UP TO 49 CHILDREN WITH FIVE (5) INSTRUCTORS AT 1792 SAN JUAN STREET. THIS PROJECT IS LOCATED IN THE SUBURBAN RESIDENTIAL (R4) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission continue this item to the August 22, 2005, Planning Commission meeting. Minutes - Planning Commission August 8, 2005 - Page 1 Adopted Resolution No. 3984, as mod ¡fled 7:04 p.m. Willkom Pontious Willkom Floyd Willkom Menard Willkom Menard Commissioner Nielsen stated that anyone in the audience who could not attend the next Planning Commission meeting who wished to make a statement on this item could come forward at this time to give testimony for the record. There was no response. It was moved by Pontious, seconded by Menard, to continue the item to the August 22, 2005, Planning Commission meeting. Motion carried 5-0. 3. CONDITIONAL USE PERMIT 05-015 REQUESTING AUTHORIZATION TO CONVERT AN EXISTING REST HOME FOR THE ELDERLY INTO A REST HOME FOR ALZHEIMER PATIENTS AND INCREASE THE OCCUPANCY FROM THIRTY-TWO (32) PATIENTS TO FORTY-TWO (42) PATIENTS AT 240 EAST THIRD STREET. THIS PROJECT IS LOCATED IN THE COMMUNITY COMMERCIAL WITH COMBINING PARKING (C-2P) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3984 approving Conditional Use Permit 05-015. The Public Hearing opened. Presented the staff report. Asked if the additional residents (32 to 42) will be accommodated by having two per room. Indicated there will be some double and some single rooms. Asked if there will be more managers with the increase in patients. Stated the total number of patients at any time will be limited to 42; the applicant may be planning to add managers. Asked to be shown where the plexiglass will be used in lieu of wrought iron. Pointed to the location on the PowerPoint slide. Indicated that he understood staffs desire for plexiglass to be included to view the architecture; his concern is that plexiglass does not have the life span of wrought iron nor the historical value. Minutes - Planning Commission August 8, 2005 - Page 2 Director Nielsen Willkom Nielsen Loren Shook, Silverado Senior Living Pontious Mr. Shook Mr. Pancake Menard Mr. Shook Floyd Mr. Shook Nielsen Mr. Shook Floyd Suggested that perhaps a more decorative, less institutional wrought iron could be used. Asked for clarification regarding access from the parking area to the main entrance. Pointed out on the site plan how guests can access the main entrance using the walkway on Third Street and enter through the gated main entrance. Invited the applicant to the lectern. Stated he is the President of Silverado Senior Living and introduced Doug Pancake, the architect. Asked what the applicant's response was to the plexiglass/wrought iron comments. Answered that Commissioner Menard's comments were similar to the applicant's regarding the use of plexiglass; and, asked Mr. Pancake to elaborate. Agreed with Commissioner Menard; and, stated the wrought iron intended is decorative, is used on Silverado projects across the State, and asked that the applicant be allowed to maintain that corporate standard. Stated his understanding of the branding issue; this particular building is within the Historical District, and it is preferred that something as close to a timeless look as possible be used; perhaps the applicant could work with staff toward that end. Indicated his agreement with Commissioner Menard's suggestion. Asked for more information regarding the plans for manager(s). Stated that Silverado will have a staff of one to seven and an administrator. Asked if this ratio would be in effect 24 hours a day. Responded that there would be more staff during the daytime hours; it is anticipated there would be three staff members, seven days a week during the evening. Asked if staff people would live at the facility. Minutes - Planning Commission August 8, 2005 - Page 3 Mr. Shook Answered in the negative; and, stated there would be a rotating staff working 40-hour shifts. Nielsen Asked if the interior rooms will remain the size now existing. Mr. Shook Answered in the affirmative. Nielsen Asked if the bathroom facilities will remain the same. Mr. Pancake Stated the Code will require upgrades meeting the California standards for disabilities (ADA) requirements with an accessible path of travel; most of the requirements are in place but not all. Nielsen Stated his understanding that there would be no increase in restroom facilities directly attached to the rooms other than what exists now. Mr. Pancake Answered in the affirmative; and, asked to address issues in the conditions of approval. Regarding Condition 2.1, stated the California Building Code requires accessible spaces in each of the parking lots and asked to have an opportunity to discuss this further with the Building Official in terms of interpretation by the Department of State Architect and suggested perhaps adding language as follows: "conditioned subject to all Department of State Architect Housing Community Development Building Standards Commission's for building standard interpretation" to allow the applicant the opportunity to continue to discuss this issue with staff. Director Proposed modification to the last sentence of Conditions 1.7 and 2.1 as follows: "Conversion of the remaining five spaces into compact spaces may be necessary to maintain the number of required parking spaces to support the proposed 42-bed occupancy." The proposed space required under the Building Code provisions is the only disabled access parking space on-site; the other disabled space referenced is within the City's parking facility and does not count for the on-site requirement. The City spaces may not be available in perpetuity; therefore, staff is proposing disabled access parking spaces be provided on the project site. Menard Asked who has final governing jurisdiction. Director Stated the City has final jurisdiction. Minutes - Planning Commission August 8, 2005 - Page 4 Nayda Poblete 21721 Honeysuckle St., Trabuco Canyon Pontious Ms. Poblete Nielsen Ms. Poblete Charles Leuthen, 24366 Parkside Drive, Laguna Niguel Nielsen Sally Velky, 1262 Bryan Avenue, Tustin Stated she is a registered nurse and a consultant to the residential care facilities industry in the State of California; questioned whether or not Silverado conducted a study to determine the need for more Alzheimer beds in the City of Tustin; noted that in her experience there had been an excess of Alzheimer beds whereas there was a need for beds that are in the atmosphere of Tustin Hacienda; added that Tustin Royale is a wonderful facility but it is multi-level and has the look of a hotel which the current residents of Tustin Hacienda may not find comfortable. Suggested that this is a private property matter which is not within the purview of the Planning Commission; the Commission is required to consider the proposal regardless of the economics. Stated she understood the Planning Commission's role; her question was addressed to Silverado which is a very large conglomerate of Alzheimer and assisted living facilities; her interest is the residents of Tustin Hacienda, the proposed use for the facility, and their being moved to Tustin Royale which is a very different environment; the needs of the elderly vary depending on the type of atmosphere in which they are comfortable; some prefer a six-bed home, others might prefer a smaller, assisted living setting such as Tustin Hacienda; she visited some of the Hacienda residents and knows that concern exists. Asked Ms. Poblete if she is employed by Tustin Hacienda. Responded in the negative. Stated his mother-in-law is a resident of Tustin Hacienda, which is a unique facility and important to the community; he was not aware there was an excess of Alzheimer units in Tustin, nor that Silverado develops both Alzheimer and non-Alzheimer units; Tustin Royale does not take patients in wheelchairs; a number of Tustin Hacienda patients are in wheelchairs; he asked whether this hearing was for the use of the facility or an architectural discussion. Answered that the Planning Commission considers land use issues; this is a conditional use permit for a particular use on the property . Stated she was representing Tustin Royale which only accepts wheelchairs on the first floor, for safety reasons; because Tustin Royale is no longer dementia licensed, there was an exit of Alzheimer patients; more Alzheimer facilities are needed in the area; therefore, converting Tustin Hacienda seems a good idea. Minutes - Planning Commission August 8, 2005 - Page 5 Nielsen Ms. Velky Menard Ms. Velky Floyd Ms. Velky Jay Emery 240 East Third, Tustin Nielsen Mr. Shook Asked if there is room available on the first floor for wheelchair patients that would transition to Tustin Royale. Indicated there are six beds available on the first floor at this time; non-ambulatory patients are allowed on the second floor, preferably with walkers and canes for safety. Noted that a letter attached to the staff report indicated several beds were available; since the letter was written some time ago, asked what the present availability might be. Responded there are about twenty-two beds available. Asked how many beds Tustin Royale has. Answered that Tustin Royale is licensed for 170 beds in 89 rooms; there are private and semi-private accommodations. Stated he was speaking on behalf of his father who is the owner of Tustin Hacienda; he has been the manager for the past eight years; he has been in contact with Ms. Velky but also with three different referral agencies to help place seniors; one of his major concerns was making sure all the seniors at Tustin Hacienda would be continuously cared for; the agencies indicated there are plenty of beds, perhaps not in the center of Tustin, but nearby; he also spoke to his ombudsman who has consented to assist with the placement of the seniors. Invited the applicant to the lectern to answer the questions that were raised on the study issue. Indicated that Silverado studied the market and found the market does have a significant demand for their level of Alzheimer's care which is different from what is usually found in the market; Silverado takes care of people through to the end of life 97 percent of the time; Silverado has affiliations with University of California- Irvine, UCLA, USC, and other universities; Silverado has been awarded the top award from the State for their fall prevention programs and staff training; Silverado has one of the lowest turnover rates in the nation-34 percent vs. 100 percent; Hoag Hospital has invited Silverado to teach them what they know, especially in terms of fall prevention; there is a book available on their company; their vision is to give life to people that others have given up on; Silverado has approximately 1,050 beds in various cities; Silverado has over a 1,000 people who can walk who could not when they arrived, over 900 people who can feed themselves who could not when they arrived; a 40 percent reduction in medication use; Silverado is considered No.1 in quality by Health Minutes - Planning Commission August 8, 2005 - Page 6 Floyd Mr. Shook 7:36 p.m. Floyd Pontious Lee Menard Nielsen Adopted Resolution No. 3986 Services Needs Research Center at UCSB; the Newport/Mesa community runs at capacity and there are people on a waiting list to move in; there is a ,considerable need in the Tustin market; Sunrise, a high-quality operator in Tustin, is full. Asked if it is expected that patients will come from all over. Answered that patients typically come from within a 5-7 mile radius of a facility; Silverado is an unusual service provider and may be drawing from perhaps a 15-mile radius, because the loved ones coming to care for their family member do not want to drive 20 miles. The Public Hearing closed at 7:36 p.m. Stated that if the wrought iron modification can be worked out, he would be in full support of the project. Agreed with Commissioner Floyd; and, stated that, with the modifications to Conditions 1.7, 1.8, and 2.1, she would fully support staffs recommendation. Suggested that, with good housekeeping, regular glass might be better since it does not weather as bad as plexiglass; and, stated his support. Thanked everyone who came to speak for and against this item; with everything heard, he fully supports the project with the modifications that were addressed. Noted that having people move is always difficult, especially when people have been in a place for a long time that they consider home; in this situation, based on what has been presented, there has been maximum effort to relocate the patients at the existing facility with as much care and concern as possible; with the changes that have been proposed, this will be a good facility and a good use for this location. It was moved by Pontious, seconded by Menard, to adopt Resolution 3984, as modified. Motion carried 5-0. 4. CONDITIONAL USE PERMIT 05-016 A REQUEST TO CONSTRUCT A 5,700 SQUARE FOOT MODULAR CLASSROOM FACILITY FOR A PERIOD UP TO FIVE (5) YEARS UNTIL A PERMANENT CLASSROOM EXPANSION IS CONSTRUCTED. THIS PROJECT IS LOCATED AT 13200 RED HILL AVENUE IN THE PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT. Minutes - Planning Commission August 8, 2005 - Page 7 7:40 p.m. West Lee West Nielsen West Nielsen West Nielsen West Nielsen Anderson Nielsen Menard Nielsen RECOMMENDATION: That the Planning Commission adopt Resolution No. 3986 approving Conditional Use Permit 05-016. The Public Hearing opened. Presented the staff report. Asked if there are setbacks for the P&I zone. Answered that setbacks in the P&I zone are established on a case- by-case basis with the conditional use process. Asked if the modular buildings that were approved in 1996 were approved as permanent or temporary structures. Stated the structures were approved with an indefinite timeframe; however, it has become a policy to direct property owners to construct permanent expansion and temporary timeframes for modulars to be recommended on new applications. Asked if there was a temporary designation. Indicated the 1996 approval was non-specific. Asked who is responsible for the fence between the proposed modular buildings and the Orange County Flood Control channel. Stated that Orange County Flood Control is the responsible entity. Asked if there is regular schedule for checking the channel. Stated that the Flood Control inspects the channel at least once a year, and more often when there has been a significant amount of rainfall or water in the channel. Noted that his concern was the safety issues involved with the structures planned so close to the channel; it is important there is a sturdy fence in good condition. Asked if it would be possible to inspect the existing buildings and whether or not the buildings have ever been inspected. Asked if those structures were originally approved by the State office. Minutes - Planning Commission August 8, 2005 - Page 8 West Stated the structures are regulated through the State; the building permits that were issued simply assure that the structures are on a proper foundation; the actual structures are not inspected. Director Indicated staff would need to look at the permitting process to determine the method by which the structures are attached to a foundation. Menard Stated his concern that the buildings have been there for a while with no one inspecting them to verify they are still safe. Nielsen Asked if the 1996 permits were approved by the State of California Division of Architects. West Answered that it was required, but the inspection records would have to be verified. Nielsen Invited the applicant to the lectern. Conrad Hohener Stated they were available for any questions the Commissioners and Rollo Pickford, might have. representing Red Hill Lutheran Church Pontious Asked if the Church intends to come back to the Planning Commission within the five-year period with a plan for a permanent addition that would deal with these modulars but also the ones approved in 1996. Mr. Hohener Stated in the affirmative; a fundraising program is beginning September 11, 2005 ("Rally Day"), to generate the funds to build permanent buildings for the students and eliminate the modulars. Mr. Pickford Added that an architect has already been selected. Pontious Verified that the Church representatives understood that at the end of five years, the approvals in the present application would terminate. Mr. Hohener and Mr. Pickford Replied in the affirmative. Jon Betow, 13241 Woodland Drive, Tustin Stated his residence is the southeast property adjacent to the Church; and, asked how high the modulars would be. West Stated the height will be 13 feet, 11 inches. Minutes - Planning Commission August 8, 2005 - Page 9 Mr. Betow Indicated that from his backyard it is possible to view the playground equipment from which the children can look into his backyard; there were trees to block to view but some of the trees have been removed; the children bounce balls off his wall causing the bricks to fall; the existence of another modular building and additional students will exacerbate the problem. Pontious Asked if his home is across the channel. Mr. Betow Answered in the negative; stating his home is at the end, behind the Church. Pontious Suggested these new modulars will be quite a distance away from his residence. Mr. Betow Stated his property is right along the channel where the chain link fence comes to an end. Pontious Remarked that these modulars are halfway forward on the property from his property. Mr. Betow Agreed with Commissioner Pontious but indicated the modulars will be visible from his property; and, added that Red Hill Lutheran has been a good neighbor over the years, but seeing things continue to go up is disturbing. Pontious Asked if staff could take a look at the fence at the back. Director Suggested that a condition would not be necessary; the Church members in attendance can take note of the situation and ask the Church officials to remedy the problem versus having it become a code enforcement issue. Lee Asked if staff could require the applicant to add landscaping around the modular buildings. Nielsen Suggested that we save that question until the public testimony segment is completed. Menard Asked if the fence belongs to the Church or a resident. Mr. Betow Stated the fence separates the two properties, was there when the house was built, and the responsibility is unknown. Mr. Pickford Indicated that if Mr. Betow is on the east border, there was a row of Cypress trees planted by the Church that exceed the height of any modular buildings. Minutes - Planning Commission August 8, 2005 - Page 10 Nielsen Mr. Hohener Mr. Pickford Tim Nolan, 13192 Woodland Drive, Tustin Anderson Nielsen Anderson Nielsen Mr. Hohener 8:03 p.m. Floyd Pontious Floyd Lee Asked if the fence belongs to the Church. Indicated the block wall belongs to the Church. Reiterated that the modulars will not exceed the height of the existing buildings; the distance from the modulars to the fence is about 250 feet. Stated he is also a neighbor; agreed that Red Hill Lutheran has been a great neighbor; asked if additional students and permanent structures suggest that the heavy traffic that exists now will be further impacted; reminded everyone of the child killed a year ago in a painted crosswalk; and, asked if additional signals are planned. Answered that the City is out to bid for a pedestrian-activated lighted crosswalk that will go in at that location right after the first of next year. Asked Mr. Anderson to comment on the traffic. Stated the situation at Red Hill Lutheran is no different from any school; there is normally heavy traffic during the drop-off/pick-up process in the morning and afternoon. Invited the applicant to answer questions regarding the increase in enrollment and future structures. Pointed to the site plan and the area where the permanent structure is planned to take the place of the current structure; there is no plan for more than 400 students. The Public Hearing closed. Stated his only concern is the tendency in the past to allow temporary buildings to become permanent; as long as this applicant follows the five-year plan, he would support the project. Agreed with Commissioner Floyd; and, added the Church representatives seem fully aware of the temporary nature of this approval. Asked that the fence issue reported by Mr. Betow be addressed. Stated the temporary nature of the structures are a concern due to past issues; suggested that perhaps the Design Review for the permanent building should have been presented with the application in which landscaping should be included; and, asked if Minutes - Planning Commission August 8, 2005 - Page 11 there are 400 students at this time, why more structures would be needed. Mr. Pickford Stated the maximum is intended to be 400; there are about 320 students now: 80 preschool and the rest K-8; the traffic queue line is about 510 feet, which exceeds those at any public school; delivery and pick-up are allowed between 7:00 a.m. and 6:00 p.m.; the classes are set to begin and end at different times to alleviate the traffic congestion. Lee Stated that he can support staffs recommendation with the hope that a new plan comes forward before the end of five years. Mr. Pickford Pointed out that the modular buildings at Red Hill Lutheran meet the same standards as the Tustin Unified School District which has many modular buildings; and, added that he understands the City of Tustin does not allow permanent modular structures. Menard Thanked the residents for voicing their opinion and concerns and the applicant for addressing those concerns; stated he would be happy to assist Red Hill Lutheran with their fund raiser kick-off on Rally Day; and, added he is pleased the Church has a five-year plan to eliminate all the modular buildings on the property. Nielsen Thanked Mr. Betow and Mr. Nolan for coming to the meeting to express their concerns; the modular classrooms are planned 250 feet from Mr. Betow's property and the short end of the elevation will be closest to his property; no one wants children crawling on their walls or destroying property; Red Hill Lutheran has been a good community neighbor for many years and provides good school services for many members of the community; chances are the Church will regulate that situation; traffic issues exist, but this project will not make a significant impact; while one feels sorrow for the child killed, Public Works is planning to add elements to make it a safer environment; while he is not a fan of modulars, this seems the best compromise available; he favors the project. It was moved by Floyd, seconded by Pontious, to adopt Resolution No. 3986. Motion carried 5-0. Pontious Asked if there are guidelines for modulars and temporary buildings; if not, perhaps staff would be able to prepare guidelines for the future. Director Indicated there are no guidelines except that the requests come before the Commission as a conditionally permitted use; staff can develop guidelines for the Commission's consideration. Minutes - Planning Commission August 8,2005 - Page 12 Pontious Floyd Director Menard Director Nielsen Adopted Resolution No. 3987 8:19 p.m. West Nielsen Larry and Michelle Kerin, applicants Nielsen Stated it might be helpful for applicants as well as the Planning Commission for staff to consolidate all the issues and variables. Added that staff seems to be diligent in making applicants aware of the limited use and timeframe for temporary structures. Noted that staff is aware of the issues, but, due to construction costs, applicants want to go forward. Commissioner Lee's suggestion regarding the Design Review being presented at the time of the initial application is a good one. Suggested that even conceptual plans would be helpful. Indicated that B'Nai Israel did a very good job phasing their additions. Stated it is important for applicants to proceed in good faith toward creating the permanent building. 5. CONDITIONAL USE PERMIT 05-017 REQUESTING AUTHORIZATION TO ESTABLISH AN INSTRUCTIONAL FACILITY FOR DISABLED CHILDREN WITH A MAXIMUM OF SIX (6) INSTRUCTORS AND TWENTY-FIVE (25) STUDENTS WITHIN AN EXISTING 2,500 SQUARE FOOT SUITE LOCATED AT 17251 SEVENTEENTH STREET, SUITE A. THIS PROJECT IS LOCATED IN THE COMMERCIAL GENERAL (CG) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3987 approving Conditional Use Permit 05-017. The Public Hearing opened. Presented the staff report. Invited the applicants to the lectern. Stated they are the owners of the proposed facility and have been operating from a site at Rancho Santiago College; this site will be much more student-friendly and provide a better environment in terms of allowing the disabled students to move from class to class similar to a regular school. Asked if anyone had any questions of the applicants; since there were no questions, Commissioner Nielsen thanked the applicants for coming forward. Minutes - Planning Commission August 8, 2005 - Page 13 Nielsen continued West Nielsen West 8:25 p.m. Commissioners Provided Director Nielsen Director Menard Director Nielsen Anderson Asked staff if the roll-up doors are being replaced with double doors. Answered it was as a glass storefront system, similar to others on Carroll Way. Asked if there is information on the previous tenant. Indicated staff does not have that information, only that it was a retail use. The Public Hearing closed. Stated their full support and wished the applicants much success. It was moved by Floyd, seconded by Pontious, to adopt Resolution No. 3987. Motion carried 5-0. REGULAR BUSINESS 6. Project Summary. Indicated that the Summary of Projects was provided for the Commissioners to consider and share with staff any specific projects they might want to visit on a planned tour; and, added the tour will need to be planned for a meeting in September due to the heavy agenda expected for the meeting on August 25, 2005. Asked what is planned for the Tustin Strata Center. Indicated that is another phase of an existing development on a separate lot; the dairy has been demolished and building permits have been issued for general retail development; the headache center is not part of the development. Noted this is Phase 2 of the Carl's Jr. complex with the same architecture, same style and look like one continuous center. Added it may not be exactly the same but will complement the earlier design. Asked about the Old Town signage. Stated that Public Works has a mark-up; the City Council approved the mark-up at their last meeting and 37 signs will be going up in various locations within 30-45 days. Minutes - Planning Commission August 8,2005 - Page 14 STAFF CONCERNS 7. REPORT OF ACTIONS TAKEN AT THE AUGUST 1, 2005, CITY COUNCIL MEETING. Director Stated it was a short Council meeting and there were concerns. COMMISSION CONCERNS Lee No concerns. Menard Stated the streets along Main and Third Streets are not being properly maintained. Floyd Reminded everyone of the re-dedication of Peppertree Park in honor of Dick Edgar takes place Wednesday, August 10, 2005. Reminded everyone that "Fiddler on the Roof' is coming this month and indicated ticket sales have been phenomenal. Menard Added that advice ticket sales are double what they have been in the past. Floyd Thanked staff for the presentations. Pontious Indicated she will not be able to attend the next Planning Commission meeting. Nielsen Thanked staff for their reports. Menard Noted that a fundraiser is being planned by the Rotary and Tustin Unified School District-"Orange County Swim for Malaria"-a world-wide event to be held December 3, 2005, to raise funds and awareness that there are still many people in the world suffering from that disease. 8:35 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, August 22, 2005, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission August 8, 2005 - Page 15