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HomeMy WebLinkAbout01 PC Minutes 07-10-06 ITEM #1 7:00 p.m. MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JULY 10, 2006 CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL Present: Chairperson Pro Tern Floyd Commissioners Lee, Nielsen, and Puckett Staff present Elizabeth Binsack, Community Development Director Jason Retterer, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Senior Planner Edmelynne Villanueva, Assistant Planner Ryan Swiontek, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - JUNE 26, 2006, PLANNING COMMISSION MEETING. Adopted Resolution 2. GENERAL PLAN CONFORMITY DETERMINATION THAT No. 4024 THE LOCATION, PURPOSE, AND EXTENT OF THE PROPOSED VACATION OF PREBLE DRIVE BETWEEN EAST MAIN STREET AND EAST THIRD STREET CONFORMS WITH THE TUSTIN GENERAL PLAN. It was moved by Lee, seconded by Nielsen, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS Adopted Resolution 3. CONDITIONAL USE PERMIT 05-042 REQUESTING No. 4028 AUTHORIZATION TO UTILIZE AN APPROXIMATELY 2,650 SQUARE FOOT TENANT SPACE OF AN EXISTING 12,000 SQUARE FOOT BUILDING FOR A RELIGIOUS FACILITY AT 14712 BENTLEY CIRCLE WITHIN THE PLANNED COMMUNITY INDUSTRIAL ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4028 approving Conditional Use Permit 05-042. Minutes - Planning Commission July 10, 2006 - Page 1 7:01 p.m. Director Villanueva Nielsen Villanueva Nielsen Director Puckett Director Floyd Director Floyd Mazhar Zubairi applicant The Public Hearing opened. Introduced new Assistant Planner Edmelynne Villanueva to the Planning Commissioners. Presented the staff report. Asked how many assembly uses of a religious nature exist in that area. Reiterated there is one facility located approximately 1,100 feet away from the project site. Indicated he was referring to the total number of such facilities in that general area. Responded that her recollection was the most recent summary indicated eleven within the industrial area; and, added, if that number was incorrect, staff would provide the correct information at the next meeting. Asked if the Baptist Church on Walnut and Tustin Ranch Road would be closer to the project that the facility referred to in the staff report. Answered that the Baptist Church might be closer in drive time but not in linear distance. Asked what measures are in place to allow for growth of the congregation beyond the 69 persons in the report. Indicated there is no allowance for additional members at this site; increasing the congregation would require coming back to the Planning Commission to provide additional or reciprocal parking with adjacent uses. Invited the applicant to the lectern. Stated the staff was very helpful in developing this project; this facility will serve the Muslim population of Tustin and the surrounding cities and will enhance the spiritual community; stated there are eleven buildings which have permits for religious services in this area but only three are active: the Baptist Church, the church on Chambers, and Trinity Broadcasting Network which does not use the site for religious services; the others have converted to commercial activities; the proposed use will provide an avenue for the youth to become good citizens and stay away from offensive activities. Minutes - Planning Commission July 10, 2006 - Page 2 Lee Asked what the applicant's plans might be for increasing the size of the congregation. Mr. Zubairi Answered that two other tenants have already agreed to work with the applicant regarding additional parking; the applicant will work with staff to ensure the planned arrangement can be implemented. Puckett Asked if meetings are already being held in the facility. Mr. Zubairi Answered in the affirmative; a prayer service is also still offered in Irvine in the bowling alley at Michelson and Harvard; the plan is to purchase more space as the congregation grows. 7:17 p.m. The Public Hearing closed. It was moved by Puckett, seconded by Nielsen, to adopt Resolution No. 4028. Motion carried 4-0. REGULAR BUSINESS Adopted Resolution 4. No. 4029 MINOR ADJUSTMENT 06-001, A REQUEST FROM THE PRESIDIO TRACT HOMEOWNERS ASSOCIATION FOR AUTHORIZATION TO INCREASE THE ALLOWABLE FENCE HEIGHT SURROUNDING THE COMMON AREA POOL BY TWENTY (20) PERCENT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4029, denying Minor Adjustment 06-001. Swiontek Presented a staff report. Nielsen Asked if there were police calls from any of the properties surrounding the pool. Swiontek Indicated that Community Liaison Officer Chuck Still had no record of any complaints filed under the pool address; when Code Enforcement initially researched the project, there was no record of reports filed for trespassing or vandalism of the pool site. Puckett Asked if the additional height has already been added. Swiontek Answered in the affirmative. Puckett Asked when the extra height was added. Swiontek Responded that portion was added approximately six months ago. Puckett Asked how staff became aware of the addition. Minutes - Planning Commission July 10, 2006 - Page 3 Swiontek Replied that it was initially a Code Enforcement complaint made by one of the residents in the community. Floyd Asked staff to return to the photographs in the slide show for clarification regarding the varying degrees of height of the spiked fence. Swiontek Indicated that everything above the horizontal bar had been welded on. Floyd Asked for confirmation that the height was added without any City permits or discussion with staff. Swiontek Answered that there was no interaction with the City regarding permits or approval by the City. Nielsen Asked how many complaints are on record from residents. Swiontek Indicated that one resident made repeated complaints to Code Enforcement and filed a report; there were 2-3 calls from other residents with complaints. Floyd Verified with staff that no spikes were added over the gates to the pool area. Swiontek Responded affirmatively. Puckett Asked for verification that everything above the horizontal bar had been added. Swiontek Answered in the affirmative. Floyd Suggested that the height of the spiked portion seems to vary. Swiontek Pointed to the horizontal bar on the slide; and, indicated everything above that bar was added. Floyd Stated he had misunderstood where the addition began and that he appreciated the clarification; and, asked who decided to add the spiked portion. Director Indicated that the homeowners association board made a determination to have the extension installed at the facility. Referred to the photographs that were provided by the homeowners board showing trash, debris, and some damage to the facility; there were also photographs of the EI Dorado and San Miguel gates; the Commissioners might want to ask for clarification regarding the inclusion of those pictu res. Minutes - Planning Commission July 10, 2006 - Page 4 Floyd John Tkach, President, Presidio HOA Lynda Randall, 10814 Churchill Nielsen Ms. Randall Puckett Mr. Tkach Puckett Mr. Tkach Lee Mr. Tkach Floyd Mr. Trach Ms. Kimball Invited the applicant to the lectern. Stated that various members of the community wished to speak and that he would hold his comments until the end. Stated that the Presidio HOA never intended to ignore the Code; this was an error of omission; it is important that the Commission understands the HOA board was acting on the advice of the former management company, legal counsel, and the contractor and were told no variance or permit was required; the evidence presented in the photographs shows a unique hardship, i.e. a pattern of trespassing, vandalism, litter, underage drinking and drug use, and overt sexual acts plaguing the community; the San Miguel fence is approximately 7' 4W'; throughout Tustin Ranch communities with pools are struggling with this escalating problem; teenagers now know this is a place to hang out, up to 15-20 at a time at all hours; many residents fear retaliation if the police are called; she herself has called the police many times. Asked for an explanation of the photographs of EI Dorado and San Miguel. Indicated the intention was to illustrate the use of surveillance cameras at those two sites, suggesting this is a problem shared throughout Tustin Ranch. Asked how long the additional spikes have been in place. Stated the additional height was installed November 2005. Asked if residents have noticed a decrease in the incidents. Indicated the incidents have been deterred. Asked to what extent the incidents have decreased. Indicated that some residents with keys have accessed the area after hours; the added height does not deter those infractions; it has deterred teenagers and young adults from hopping the back fence. Asked if the cut-off time for the pool hours are the same as San Miguel and EI Dorado: 10:00 p.m. weekdays and 11 :00 p.m. weekends. Answered in the affirmative. Stated her belief that San Miguel is open until 12:00 a.m. on weekends. Minutes - Planning Commission July 10, 2006 - Page 5 Mr. Floyd Ms. Kimball Nielsen Ms. Kimball Mr. Tkach Nielsen Mr. Tkach Ms. Randall Sharon Komorous, 10875 Kimball Place, Pool Committee Chairperson Linda Miskovic, 10814 Churchill Indicated the photograph states 7:00 p.m. to 11 :00 p.m. Clarified it is EI Dorado that is open until midnight. Asked if the calls to the police were through the security agency or residents. Indicated the calls were placed by residents who are concerned; the young people now know that there is no consequence to their behavior because the police are tending to more serious crime or not making reports when they do respond to calls; a neighborhood watch meeting was held with the Police Department in an attempt to determine what could be done beyond what the residents are already doing. Stated that he has made calls from his residence to which police have responded to his address. Asked if this involves neighborhood young people within the homeowners association as well as people from outside. Replied that it is primarily young people from adjacent neighborhoods, perhaps some from neighborhoods with pools that are now being monitored by surveillance equipment who realize that Presidio does not currently have such equipment; there is a proposal to install surveillance equipment; teenagers have been cited through the CC&Rs and their parents fined. Added that Presidio is one of the few ungated communities in this particular area which adds to the surge they have had. Stated she has resided in the Presidio tract for 13 years; trespassers at the pool has been an ongoing issue; groups party all night, keeping residents awake, leaving broken glass in the pool and on the deck, and destroying property; continual attempts have been made over the years to stop the vandalism and trespassing, including residents getting out of bed in the middle of the night, putting themselves in harm's way, and trying to disperse the trespassers; she has called the Tustin Police, sometimes more than once a night; Presidio residents understand that the police have important jobs and other priorities taking precedence and appreciate the times the police have responded to residents' requests to force the trespassers to leave; the fence extension was erected to help correct the problem and is only one phase of an overall plan to put an end to the problem; the fence was extended to help protect the Presidio community who ask that the Commission grant their request to allow this variance. Noted this is a quality of life issue; there is an accident waiting to happen; residents are no longer calling the police because the Minutes - Planning Commission July 10, 2006 - Page 6 Gina Clemens, 2621 Wolert Court Mr. Tkach Nielsen Mr. Tkach Floyd Mr. Tkach response time was too long; at the neighborhood watch meeting it was clear that this type of problem is not a high priority; this project was completed in good faith; every community is experiencing this sort of problem; the residents need help. Stated she is a 1 a-year resident of the Presidio tract; Patrol One, which patrols neighborhood parking, is called regarding after-hours use of the pool; they have no authority other than to chase the violators out; residents call them because they get a quicker response than from the Police Department; there is an elderly widow who lives next to the pool who is afraid to call the police because she does not want to suffer retaliation and because the response time is ineffective; at the neighborhood watch meeting the suggestion was to keep calling the police because residents should not put themselves in harm's way; she and her children frequently use the pool and often the spa is out of commission due to vandalism; the previous management company assured the homeowners association that raising the fence would solve the problem and that no permits were required; it was never the intention to avoid getting proper permits. Stated he was asked by the residents and the Board to try to resolve the problem; three bids were solicited and all three contractors indicated no permits were necessary; reiterated the efforts made by the community and possible solutions now being considered; and, asked that the Planning Commission acknowledge the special circumstances of this case and allow the fence to remain. Asked how many times during a year these incidents occur. Replied there are too many to count; during summer months, perhaps four or five times a week; incidents also take place after footballs games; the lewd acts referred to by Ms. Randall involved adults over the age of 21 , not teenagers. Suggested there is no way to know if these problems are created by trespassers or homeowners within the community who have keys to the pool area. Stated that homeowners with keys would have no reason to destroy the gate handles; acknowledged that the lewd and lascivious acts were performed by people with keys; however, teenagers hop the fence, ride their bicycles into the pool, play water polo; teenagers also hop the private gate on the widow's property; these youngsters are coming from outside the Presidio community; since EI Dorado put up fencing and camera monitors, those young people are coming to Presidio; Encore Property Management Company, working with the subcontractor, solved similar problems in other areas of Tustin Ranch. Minutes - Planning Commission July 10, 2006 - Page 7 Lee Asked when the photographs presented this evening were taken. Ms. Randall Responded the photos were taken over a period of time. Lee Asked if the photos were taken after the fence was heightened. Ms. Randall Answered in the affirmative; the traffic indicates the people were from outside the community; youngsters are changing clothes in the middle of the street to put on bathing suits. Mr. Tkach Stressed that the majority of the residents support having the fence remain; one or two that might have had a problem with the heightening had their own agenda and did not even bother to show up tonight. Floyd Asked if anyone else in the audience wished to speak on this item. Nielsen Stated the issues presented are troubling; if dozens of calls were made to the police and staff reports none, that is polar opposition; and, asked if the research involved only the pool address. Swiontek Answered the research involved 2650 Davis Drive with no calls to police or reports filed; the Code Enforcement Division also found no police records regarding trespassing or vandalism at the pool when the initial complaint was made six months ago. Nielsen Reaffirmed there were no complaints and no calls for that specific area of the neighborhood. Swiontek Stated Commissioner Nielsen was correct. Nielsen Indicated that it is troubling when the residents say there were many calls, but the City staff has no record of any calls. Floyd Noted that the issue is two-fold: the vandalism at the pool and a fence that is not to Code standards; while he may be sympathetic to the homeowners, other communities have dealt with the same issues but did not erect a higher fence to prevent people from jumping the fence; whether a community is gated or ungated, these problems exist; there are avenues available other than putting up an unpermitted fence. Nielsen Stated his concern was based on illegal issues taking place with the City having no record. Floyd Agreed that it is troubling to hear about drug use and underage drinking among the youngsters who live in the neighborhood; nevertheless, those are police issues; the fence is a separate issue. Minutes - Planning Commission July 10. 2006 - Page 8 Nielsen Reiterated that it is his concern that the appropriate City officials have performed due diligence. Swiontek Indicated there may have been complaints from other addresses; however, the police were not aware of anything recent relating to the pool vandalism and trespassing. Nielsen Stated that it is a concern that trespassing is occurring in the City's communities, particularly in areas where small children may encounter disgusting debris; there seems to be no evidence that the extension to the fence has eliminated the problem; he does not believe the HOA purposely set out to break the Code; if there are other unpermitted fences in Tustin Ranch, those should be addressed separately; he supports staff's position. Lee Indicated that he was also sympathetic to the homeowners; a determination cannot be made regarding the fence since no direct relationship was established between the trespassers and the debris left behind; the fence is not attractive, looking more like a jail than a pool site; he would not support keeping the fence; increasing the patrolling of the area by private security would be a better solution. Puckett Stated he was extremely sympathetic to the homeowners; the appearance of the fence is not offensive to him; however, even barbed wire or razor wire would not keep people from figuring out a way to get into the pool area; he was hesitant to approve denial and would rather have staff work with the HOA for a few months to find a solution for the whole community. Nielsen Agreed that Commissioner Puckett had a good idea; however, the Planning Commission would not be able to create a cure-all with this particular situation; the problem should be revisited throughout Tustin Ranch. Floyd Noted that the Tustin Police Department has 100 percent service response, whether it takes 15 minutes or 30 minutes; the issue on the agenda this evening is the added height to the Presidio fence without permits, not what is happening with other properties in Tustin Ranch. Chair Pro Tem Floyd indicated he agreed with staff's recommendation and asked for a motion. It was moved by Nielsen, seconded by Floyd, to adopt Resolution No. 4029. Puckett Asked if adoption of the resolution would allow future dialogue to help try to find a solution to this community problem. Minutes - Planning Commission July 10, 2006 - Page 9 Director Answered that further dialogue would not grant an approval to keep the extension to the fence; staff can work with the Police Department to see if there are additional suggestions they may have to thwart any criminal activity that may exist on-site. Floyd Stated there will be a new Police Department plan, beginning August 21, changing the division of the City from four beats to two beats divided by the 1-5 freeway; this change will result in extra resources being assigned to the north side of the 1-5; given the fact that new communities at Tustin Legacy will have no gates, it can only be imagined what sort of difficulties will arise on the south side as that community is built out. Nielsen Agreed that both the Police and Community Development Departments need to find ways from a land use perspective to work with the homeowners associations to improve pool fencing and secu rity. Floyd Directed that staff should continue to explore the issues and determine what other communities are doing on this issue rather than erecting additional fencing; there cannot be a different type of fence in every community; the Code needs to be followed to ensure that standards are maintained. Nielsen Added that the Planning Commission needs to be flexible when addressing issues from a land use perspective as well as a safety perspective. Puckett Stated that it appears the Commission will face this issue with other communities who have also put extensions on fences. Mr. Tkach Reiterated that Presidio is attempting to work with staff; it cost $10,000 to add the extension and will cost another $10,000 to remove it; it may not be the most aesthetically pleasing result, but the HOA is doing its best to solve problems; it would be appreciated if the Planning Commission could assist the HOA in that endeavor. Floyd Restated that the Presidio HOA got bad advice from the property management company and the three contractors. Mr. Tkach Asked again that the Planning Commission abstain from the vote this evening and look into the matter further, allowing the parties to work together toward a solution. Floyd Referred to the motion to adopt Resolution No. 4029 and asked for the vote. Motion carried 3-1; Commissioner Puckett voted no. Minutes - Planning Commission July 10, 2006 - Page 10 Director reported Lee Nielsen Floyd Director Floyd Director Floyd Puckett STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE JUNE 19 2006, CITY COUNCIL MEETING. Stated the City Council acted on Tentative Tract Map 17026, Tustin Legacy Community Partners, per the Planning Commission's recommendation. The City Council adopted the Planning Commission's recommendations, excepting the 420th occupancy permit; took action to leave the condition as it was and directed that the applicant and staff work together to make a determination how much progress has been made and how many more permits may be issued at that time; staff will report back to the Commission as to progress in this regard. As yet, no plans have been submitted to plan check for the recreation building. The City Council took action to remove the Chairperson from the Planning Commission; the Commission needs to make a determination whether or not to have the Chair Pro Tem continue to act as the Chair. The City Council is requesting applications for the vacancy and could appoint someone when the interviews are conducted. The Commission may want to wait until there are again five members and proceed with election of the Chair and Chair Pro Tem or schedule the item for a future meeting. Suggested waiting until a fifth member is appointed to the Commission. Concurred with that suggestion. Asked for the time frame for interviewing. Indicated the City Clerk was to advertise immediately and set the interviews at the next Council meeting. Indicated that 10 days are required for submission of applications. Noted there may not be a second Planning Commission meeting in July. Stated he has no plans to be out of town; and, the Commission may continue as it is until a fifth member is appointed. Indicated he would not have a problem with setting the vote sooner, since the person chosen will probably be from the current group. Minutes - Planning Commission July 10, 2006 - Page 11 Floyd Director Nielsen Commissioners Nielsen Lee Puckett Floyd Stated Commissioner Puckett's suggestion would be fine with him. Noted the matter would need to be agendized for a meeting, whenever that meeting is scheduled. Suggested that the item be agendized for conversation in order to see how the process has progressed. Agreed to Commissioner Nielsen's suggestion. COMMISSION CONCERNS Thanked staff for the presentations this evening. Welcomed Assistant Planner Villanueva to the staff. Stated the Rotary "Deportation Hearing" of former Commissioner Leslie Pontious was well-attended and a lot of fun. Ms. Pontious's expertise and outlook will be missed. Commissioner Nielsen wished her well on her future travels and indicated he looks forward to seeing her when she returns for visits. Indicated he also attended the "Hearing"; Ms. Pontious was roasted as no other but showed her ability to hold up under pressure; she will be sorely missed. Thanked Ms. Villanueva and welcomed her. Stated he was happy to be back in California; his allergies did not do well in Kansas. Indicated he regretted missing the "Hearing" where he would have had a few things to say, having served with Ms. Pontious on the City Council and the Planning Commission. Added his hope that staff will work with the homeowners association of Presidio and others in the City to try to eliminate some of the problems discussed this evening. It is important to be pro-active to prevent the problems getting worse. He regretted voting against staff's recommendation but felt the Commission needed more time to address the issues. Added his thanks to staff and welcomed Ms. Villanueva aboard. Agreed with Commissioner Puckett that it is difficult to vote against homeowners, but each homeowners association faces a similar problem which requires an HOA/Police DepartmenVCode Enforcement decision regarding what to do. There are ways to address such a problem without adding height to a pool fence without permits. HOAs should not be allowed to reach a private Minutes - Planning Commission July 10,2006 - Page 12 solution such as erecting barriers and homeowners doing the policing. Better solutions might be a Neighborhood Watch, hiring private security, installing cameras, etc. which were implemented in his neighborhood. Reminded everyone that Concerts in the Park are happening now and encouraged people to attend. Surprised the Recording Secretary by wishing her a belated happy birthday; and, stated the Commission's appreciation for her support of staff and the Commission. Harris Thanked Chairperson Pro Tem Floyd and the Planning Commissioners for their thoughtfulness. 8:25 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, July 24, 2006, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes - Planning Commission July 10, 2006 - Page 13