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HomeMy WebLinkAboutPC Minutes 11-13-07MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 13, 2007 7:00 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE Puckett absent ROLL CALL Present: Chair Nielsen, Chair Pro Tem Puckett Commissioners Kozak, Murray, and Thompson Staff present Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager Tim Serlet, Director of Public Works Doug Anderson, Transportation/Development Services Manager David Kendig, Deputy City Attorney Terry Lutz, Principal Engineer Justina Willkom, Senior Planner Edmelynne Hutter, Associate Planner Ryan Swiontek, Associated Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - OCTOBER 23, 2007, PLANNING COMMISSION MEETING. It was moved by Puckett, seconded by Kozak, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. TENTATIVE TRACT No. 4068, as ACRE SITE INTO modified by staff LETTERED LOTS prior to the meeting DEVELOPMENT OF SPACE, PUBLIC S- FACILITIES. MAP 17144 SUBDIVIDING A 131- 12 NUMBERED LOTS AND 28 FOR THE PURPOSE OF COMMERCIAL BUSINESS, OPEN fREETS, AND FLOOD CONTROL APPLICANT: TUSTIN LEGACY COMMUNITY PARTNERS Minutes -Planning Commission 11-13-07 Page 1 PROPERTY CITY OF TUSTIN OWNERS: TUSTIN PUBLIC FINANCING AUTHORITY LOCATION: PROJECT SITE GENERALLY BOUNDED BY WARNER AVENUE TO THE NORTH, ARMSTRONG AVENUE TO THE EAST, BARRANCA PARKWAY TO THE SOUTH, AND RED HILL AVENUE TO THE WEST ZONING: MCAS TUSTIN SPECIFIC PLAN PLANNING AREAS 9 THROUGH 12 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4068 recommending that the City Council approve Tentative Tract Map 17144 to subdivide a 131-acre site into 12 numbered lots and 28 lettered lots for the purpose of development of commercial business, open space, public streets, and flood control facilities. 7:02 p.m. The Public Hearing opened. Willkom Presented the staff report, pointing out the suggested modifications that were provided at the dais. Thompson Asked staff to explain the detention basin area that appears to overlay the park and whether or not this would be a combined use with the Orange County Flood Control District (OCFCD) or a part of the City facilities for storm drain purposes. Willkom Suggested that Doug Anderson, Transportation and Development Services Manager, should answer that question. Anderson Stated that the basin is a requirement of the OCFCD for improvements to the Barranca Channel which is currently an impaired water body and is deficient; one of the requirements was to retain some of the flow on-site; the basin will function as a joint- use facility; in the off season, when there is no flow, it will be maintained as a passive open space and may be used for recreational purposes; there is also a 24-inch low-flow pipe that will be installed adjacent to the current channel which would catch the nuisance flow from Red Hill and the site and transfer those through the property; the only time water is expected to be retained is after Minutes -Planning Commission 11-13-07 Page 2 a large, intense rainfall; there are inlet and outlet structures, everything that would be in a normal basin, will be included. Thompson Asked if that becomes a facility that the County operates as a flood control device. Anderson Indicated that it is a County requirement that the master developer through the association will provide the landscaping; the various inlet/outlet structures will be maintained. Nielsen Suggested that this area will be used as a Linear Park unless a significant rainfall would require it as a retention basis. Kozak Asked if there will be any improvements to the Barranca Channel. Anderson Answered in the affirmative, probably from Aston easterly to link up with the covering of Barranca Channel just west of Tustin Ranch Road that the District development is improving; it will all be a covered channel. Thompson Referred to the reference on page 3 is to open space as a flex use; and, asked if this would be private or public acreage. Willkom Responded that the open spaces are private areas with the exception of the sports field planned for Lot 9 which will be public. Nielsen Questioned whether the park facilities with open space with a perpetual public easement would be maintained by the homeowners association. Willkom Answered in the affirmative. Nielsen Asked for clarification regarding a possible gymnasium or other private park areas that the public would not be able to access in the Linear Park area. Willkom Replied that all the Linear Park area will be open to the public. Nielsen Stated his understanding that the perpetual public easement is ongoing with no time limit. Willkom Answered in the affirmative. Puckett Asked staff to repeat the numbers of the conditions that were modified. Minutes -Planning Commission 11-13-07 Page 3 Willkom Reiterated the condition numbers: 2.1, 6.1, 6.5, and 11.2.t. Director Added that Condition 13.3 is proposed to be eliminated. Thompson Recommended that Item J on the revised resolution referencing sewer in relation to the Regional Water Quality Board should be changed to storm runoff. Director Stated the condition is accurate. Nielsen Asked if it is accurate now or would be accurate as modified by Commissioner Thompson's suggestion. Kendig Indicated that it will be accurate if it is revised to state storm runoff. Kozak Referred to page 13 of the Environmental evaluation; it is encouraging to see the improvements to Red Hill with the raised landscape median as an example; and, asked for clarification regarding IX. in the last paragraph referencing modifications to parking standards. Willkom Stated that the modification to parking standards was approved by the City Council a few months ago through a zone change proposal; the proposed project tract map will be consistent with what the Council approved. Nielsen Asked why there was no Negative Declaration included in the staff report. Willkom Responded that staff prepared an Initial Study Checklist and requests that the Planning Commission determine that the project is consistent with the program EIR/EIS with no new mitigation or additional environmental impact information required. Nielsen Asked if pedestrian access through the Linear Park across Carnegie and Armstrong would include pedestrian bridges. Willkom Stated there will be a pedestrian bridge across Armstrong. Nielsen Invited the applicant to the lectern. Elizabeth Cobb, Stated the applicant is pleased to have the Neighborhood E representing tentative map, which encompasses the initial entitlement, to begin Legacy Park breaking ground and getting into construction; this is a monumental partners point for the developer. Minutes -Planning Commission 11-13-07 Page 4 Ms. Cobb This is a complex project and this is one neighborhood with two to continued come; the applicant has worked with staff on the conditions; a formal letter was submitted and is incorporated herein by reference; the letter outlined the conditions already worked through with staff; the exception would be Condition 6.8 with reference to the Red Hill median and the response to constructing that and working with the City through a reimbursement agreement. Applicant understands the importance of the median to the City and is willing to work with the City as construction begins on the east side of the street and anticipates that the applicant can work collaboratively with the City through the design elements and the construction elements of the median; there are many details in working through the median which the applicant anticipates resolving with the City; the applicant would like to see a concurrent invoice payment to help the applicant deal with cash flow concerns, considering it was not part of the Development and Disposition Agreement (DDA) and what was contained in the infrastructure at that time; this is a highly technical component; applicant is putting forth the comments with the understanding that this can be worked through with staff. Nielsen Asked staff to respond to the applicant's remarks regarding Condition 6.8. Shingleton Stated she had spoken with the City Manager on the applicant's Assistant City request regarding Condition 6.8; the improvements of medians was Manager required by the Specific Plan on other projects similar to Tustin Legacy developers such as Lennar and William Lyon who had the full responsibility for construction of those medians; it was an oversight which was not specifically isolated in the DDA although Red Hill improvements were required; staff has agreed to include the Red Hill median cost reimbursement as an item for which the Redevelopment Agency would compensate the developer with the obligation that the developer would be required to construct the median. The applicant has alternatively requested that, while the applicant assumes a construction role on the median widening, a construction management role on the median is unacceptable to staff; the applicant will have full responsibility; staff recommended full construction of the median and the full right-of-way improvements on the east side of Red Hill Avenue; staff agreed to work through a required reimbursement agreement to provide the developer with segmentation of the physical improvements to allow for adequate reimbursement; the language requested regarding Minutes -Planning Commission 11-13-07 Page 5 concurrence, approval of recommended at this point; be be concurrent with every invoice that the applicant receives on a construction project; the City will work collaboratively with the developer to find segments which staff determines to be reasonable. It is requested that the Commission trust staff in this regard and not recommend any further alterations to this condition. Kozak Suggested that segmentation of the project and payment for construction will be covered by the proposed reimbursement agreement. Shingleton Answered in the affirmative; adding that this is an expense that the Redevelopment Agency has agreed to accept; it would normally be a developer obligation of the Specific Plan for the developer to construct; this is far in excess of what would be normal; similar conditions have been imposed on other developers at the Legacy. Nielsen Asked if this requirement refers to timing. Shingleton Stated that the requirement refers to timing and construction management versus construction obligation; the City's position is that the obligation for construction shall be the developer's. Nielsen Asked if the applicant had any comment. Ms. Cobb Responded that the Redevelopment Agency is working closely with the developer and the cooperative effort is appreciated; this is not something to hold up the recommendation to move the project to the City Council. 7:27 p.m. The Public Hearing closed. Commission It was the consensus of the Commission that the project be recommended to the City Council, as modified and as proposed by the Assistant City Manager. It was moved by Murray, seconded by Thompson, to adopt Resolution No. 4068. Motion carried 5-0. Adopted Resolution 3. AMENDMENT TO CONDITIONAL USE PERMIT 01-031, A No. 4075 REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 01-031 TO ALLOW FOR MEDICAL AND DENTAL CLINIC USE. THIS invoices, and payments cannot the segmentation will automatically Minutes -Planning Commission 11-13-07 Page 6 PROJECT IS LOCATED IN THE MCAS TUSTIN SPECIFIC PLAN (SP-1) ZONING DISTRICT. APPLICANT: ORANGE COUNTY RESCUE MISSION ATTN: JOHN LUKER PROPERTY OWNER: CITY OF TUSTIN LOCATION: 1 HOPE DRIVE RECOMMENDATION: That the Planning Commission adopt Resolution No. 4075 approving an Amendment to Conditional Use Permit 01-031 to allow for medical/dental clinic use in conjunction with the approved transitional housing use at 1 Hope Drive, Building B. 7:31 p.m. The Public Hearing opened. Hutter Presented the staff report. Murray Stated his concern was that the survey took place at the Santa Ana location; if there was 20 percent walk-up at Santa Ana, please explain how those statistics relate to the Tustin walk-up. Director Pointed out on the Site Plan the campus environment planned for this location which would not allow for walk-up such as the Santa Ana location; the plan is for individuals to filter through the security area to the proposed clinic; the clinic is intended solely for the individuals who are receiving services from the transitional facility or who have an appointment. Murray Asked if there is any video planned for security of the parking area. Director Suggested that would be a question for the applicant. Puckett Stated the walk-up was also his concern, but staff's explanation answered that concern. Director Added that was the reason for the addition of Condition 2.4. Nielsen Asked if the overflow parking would be in the basketball court area. Minutes -Planning Commission 11-13-07 Page 7 Director Answered in the affirmative. Thompson Asked if staff could explain further about the Santa Ana facility that was used as an analogue for this application. Director Suggested the applicant may want to address this issue; staff was advised that the Santa Ana facility exists in a strip mall, a commercial area wherein common parking is shared with other commercial tenants; the Tustin location would share parking for the pure uses associated with the Village of Hope. Kozak Asked if the area occupied by the clinic would reduce the 192-bed count for the transitional living center. Rutter Indicated the residents' rooms are located on the second and third floors of that building. Kozak Questioned whether this is a proposed use for an otherwise vacant area in the men's dormitory. Rutter Answered in the affirmative. Kozak Asked if there were conditions related to the disposal of biowaste and security for the pharmacy and pharmaceuticals contained in that pharmacy. Director Answered that those issues would be handled by the licensing agency rather than the City. Kozak Asked what the licensing agency would be. Director Responded it was her understanding that would be the Orange County Health Department. Nielsen Asked if the original plan for this space was for extra rooms in the men's dormitory, storage area, or what. Director Stated it was staffs understanding that it was always the Rescue Mission's desire to provide some sort of health facility. Nielsen Invited the applicant to the lectern. John Luker, Vice Stated the applicant appreciated staffs assistance in bringing this President of the application to the Planning Commission; the medical/dental clinic Orange County was always anticipated to be a part of the Village of Hope and was Rescue Mission part of the original application; there was a major renovation to Minutes -Planning Commission 11-13-07 Page 8 allow for the clinic; the intent was to help other people at that facility, but the parking was an issue; the parking study showed that about half the people would arrive by bus or be dropped off at a nearby location and walk to the facility; therefore, the maximum amount of parking would not be necessary; there are video cameras at the security gate that record everyone who comes into the facility; the clinic use will be by appointment only and everyone's name will be recorded for security purposes. Murray Asked what was anticipated as the walk-up or drop-off numbers. Mr. Luker Responded that the average was anticipated to be 40-50 percent bus traffic or drop-offs. Nielsen Asked how many patients are served monthly, yearly in the Santa Ana facility. Mr. Luker Responded about 40 patients per day; the current facility does not service dental, which will be added to the Tustin facility; about 50 are anticipated per day. Nielsen Asked what sort of medical staff will be available. Mr. Luker Responded there are 8-9 nurse practitioners, medical assistants, and a medical doctor who oversees the staff. Nielsen Questioned the extent of the treatment planned at the facility. Mr. Luker Replied that it will be a primary care clinic for patients with flus, colds, maintenance of low-income diabetics, some blood work; there will be no surgery, no anesthesia. Nielsen Stated his understanding there would be no emergency designation at this location. Mr. Luker Answered in the affirmative. Murray Asked what mitigation is planned if the circumstances and/or caseload begins to exceed the expectations. Mr. Luker Answered that the facility would have to see how the parking works out and return to staff, if necessary, to determine what changes could be made. Nielsen Questioned whether an addiction treatment is planned at this location. Minutes -Planning Commission 11-13-07 Page 9 Mr. Luker Answered in the negative. Puckett Asked if the facilities will be available seven days a week. Mr. Luker Responded that the 192-bed facility is a 24/7 operation; the clinic will be Monday through Saturday, 8:00 to 6:00 p.m. Thompson Suggested that the space count was determined based upon the campus nature of the site. Mr. Luker Answered in the affirmative. Nielsen Asked if prescriptions will be filled on-site and what sort of security would be put in place. Mr. Luker Stated that most prescriptions will be filled off-site; the facility does receive some donations, such as antibiotics, which are kept in a locked on-site pharmacy and is regulated by the Department of Health with all the requirements of a regular pharmacy. Murray Asked if there will be 24-hour security within the campus. Mr. Luker Responded in the affirmative. Murray Questioned whether that would alleviate any concerns regarding an alarm system in the actual medical facility. Mr. Luker Stated the medical facility will be monitored full time in addition to the on-site staff. 7:50 p.m. The Public Hearing closed. Thompson Questioned whether Condition 2.4 could be qualified with a certain timeframe, such as 12 months, so that it is not left open-ended. Director Indicated that staff has the ability for an annual review, if necessary, but has not typically required a specific timeframe. Nielsen Suggested that, if parking or traffic were to become a problem, staff would have the ability to revisit the issue. Kozak Supported the amendment; this is a good addition to the Rescue Mission. Murray Agreed with Commissioner Kozak. Minutes -Planning Commission 11-13-07 Page 10 Puckett Stated the Village of Hope is a great facility and a welcome addition to the City. Nielsen Indicated he is pleased to see this facility added to the Village of Hope. It was moved by Puckett, seconded by Kozak, to adopt Resolution 4075. Motion carried 5-0. Adopted Resolution 4. USE DETERMINATION 07-002 AND CONDITIONAL USE Nos. 4069 and PERMIT 07-015 REQUESTING A USE DETERMINATION 4070 TO ESTABLISH A DOG DAYCARE, TRAINING, AND BOARDING FACILITY AS A CONDITIONALLY PERMITTED USE IN THE IRVINE INDUSTRIAL COMPLEX SPECIFIC PLAN AND PLANNED COMMUNITY INDUSTRIAL (PC-IND) ZONING DISTRICT AND TO CONDITIONALLY PERMIT THE PROPOSED USE AT 14402 CHAMBERS ROAD. APPLICANT: LAURIE AND DAVE ZURBORG WAGS & WIGGLES DAYCARE, PART DEUX PROPERTY OWNER: THUNDERBIRD PROPERTIES LP RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4069, approving Use Determination 07-002 to allow fora dog daycare, training, and boarding facility. 2. Adopt Resolution No. 4070, approving Conditional Use Permit 07-015. 7:56 p.m. The Public Hearing opened. Swiontek Presented the staff report. Kozak Asked for clarification regarding the five foot wide sidewalk requirement; he visited the site and saw no sidewalk there now. Swiontek Deferred to Public Works for the answer to that question. Minutes -Planning Commission 11-13-07 Page 11 Lutz Answered that the sidewalk is being added throughout the park. Kozak Asked if that will be a standard condition for the planned community. Lutz Answered in the affirmative, as the projects come through. Thompson Questioned whether or not modifications are planned for the noise aspect. Swiontek Stated that only interior tenant improvements are proposed along with parking lot configuration to meet the current City standards and also landscaping; there will be no new openings cut in the building nor any new doors; the sound study recommended that all windows be closed to comply with the Tustin Noise Ordinance; all recommendations of the sound study have been conditioned; the applicant will have to comply with those recommendations; in addition, the applicant is conditioned to apply sound attenuation which the applicant can better describe; the product used at the current facility is proposed. Nielsen Invited the applicant to the lectern. Laurie Zurborg, Indicated that barking is minimal in a dog daycare environment as applicant, and opposed to a kennel environment where dogs are sitting in kennels Lisa Knight, co- and are bored and frustrated; because the dogs play with each owner of the new other in a daycare situation, the only barking will be play barking; facility the attendants use positive reinforcement to quiet the dogs with humane bark-control devices; shock collars are never used; the plan is designed with interior walls which results in double walls inside; at the Rancho location, there is an outside area, but none is planned for this location. Thompson Asked if the other facility has a similar proximity with residential areas. Ms. Zurborg Stated that the residential area is closer at the Rancho location; in that location, the facility shares a wall with another tenant and has received no complaints or problems. Murray Asked for clarification of the waste mitigation system. Ms. Zurborg Answered that inside the building there are janitor carts that have poop bags on them; staff cleans the waste up right when it happens, close the bag, and put that bag into another bag; the waste is disposed of in the regular trash containers; outside the building, if clients allow their dogs to use the front grass area, there Minutes -Planning Commission 11-13-07 Page 12 are disposable poop bags on a stand; clients are asked to bring the waste inside to be disposed of properly. Puckett Welcomed the business to Tustin. Nielsen Asked how late someone would be there in the evening and how early in the morning. Ms. Zurborg Indicated the staff arrives at 7:00 a.m. and, depending on the training classes, leaves between 8:30 and 9:00 p.m.; the difference between a daycare and a kennel is that the dogs are exercised for 11 hours a day and are so tired that they want a good night's rest. Nielsen Asked if staff might be there until 10:00 or 11:00 at night. Ms. Zurborg Answered in the negative. Kozak Thanked the applicant for the thoroughness of the proposal; and, asked if the trash enclosure would be covered. Ms. Zurborg Answered that the plan is to modify the structure as there may not be enough room for a recycling bin and a waste bin. Kozak Asked whether the exterior walls will be improved. Ms. Zurborg Indicated that the building has been painted; added it has been enjoyable dealing with the City of Tustin; and, thanked Ryan Swiontek for his diligence and communication with the applicant. John Collins Stated that he is a commercial broker who works with the owners (provided no adjacent to the site; while he is excited that a group like this is speaker form) coming to the property; there are concerns regarding the control of the animal waste outside the property and the possibly of the property getting rundown; if the property is not properly maintained, a revocation of the conditional use permit would be in order; 30 employees in Santa Margarita and nine people in the new facility, which is larger, does not compute; parking may be impacted across the street. Nielsen Asked staff to address the traffic issue. Lutz Indicated that these types of traffic issues are generally addressed with peak hour volumes in mind; the traffic generated by this particular use is not peak-hour sensitive; there is a spread of time during which the dogs are delivered and picked up; the volume is not enough to be considered a problem; Chambers Road is in the Minutes -Planning Commission 11-13-07 Page 13 industrial area and does not have the traffic a major arterial would have. Nielsen Asked if staff could make the traffic study available to Mr. Collins. Lutz Answered in the affirmative. Nielsen Invited the applicant back to the lectern to address the other questions posed by Mr. Collins. Ms. Zurborg Stated there have been no complaints at the current facility regarding waste distributed off the property even though that facility is closer to other tenants. Nielsen Asked if there is a monitoring procedure at that facility. Ms. Zurborg Indicated that poop hunts are a regular procedure for staff. Nielsen Asked for clarification regarding the staff size. Ms. Zurborg Stated that there are six to seven employees are the Rancho site and nine are planned for the Tustin site; she does not know where the number 30 came from. Thompson Suggested that, if there is a problem after the facility is opened, there would be a code violation aspect and enforcement. Director Answered in the affirmative and referred to Condition Nos. 6.1, 6.3, 6.4, 6.7 that address this issue; any sanitary nuisance would be addressed by the Tustin City Code from a broader perspective; the conditional use permit could be revoked if those specific conditions were violated. Kozak Asked the applicant if she understood those conditions. Ms. Zurborg Answered in the affirmative; and, reiterated there have never been any code violations at the Rancho site. Swiontek Clarified that Condition 6.6 states that the facility is limited to nine employees at any given time; Condition 6.5, staff requested that the hours of operation on Sunday be changed from 8:00 a.m. to 11:00 a.m. and 2:00 p.m. to 5:00 p.m. to 8:00 a.m. to 5:00 p.m., to simplify the matter in case operations do change on Sunday. 8:20 p.m. The Public Hearing closed. Minutes -Planning Commission 11-13-07 Page 14 Commissioners It was the consensus of the Planning Commission that this is a good use for the property. It was moved by Puckett, seconded by Kozak, to adopt Resolution Nos. 4069 and 4070, as modified. Motion carried 5-0. Adopted Resolution 5. GENERAL PLAN AMENDMENT 07-001, ZONE CHANGE Nos. 4071, 4072, 07-002, CONDITIONAL USE PERMIT 07-011, AND 4073, 4074 DESIGN REVIEW 07-012 REQUESTING: 1. GENERAL PLAN AMENDMENT 07-001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PUBLIC AND INSTITUTIONAL TO PLANNED COMMUNITY COMMERCIAL/BUSINESS. 2. ZONE CHANGE 07-002 TO CHANGE THE ZONING DESIGNATION FROM PUBLIC AND INSTITUTIONAL CENTRAL COMMERCIAL (C-2) ZONING DISTRICT. 3. CONDITIONAL USE PERMIT 07-011 AND DESIGN REVIEW 07-012 TO AUTHORIZE THE DEMOLITION OF AN EXISTING CHURCH BUILDING AND CONSTRUCT AN AGE-RESTRICTED (62 YEARS OR OLDER) ASSISTED LIVING/CONGREGATE CARE FACILITY ON A 2.882 ACRE SITE LOCATED AT 13841 RED HILL AVENUE. OWNER/ APPLICANT: AMERICAN SENIOR LIVING DEVELOPMENT, INC. ZONING: PUBLIC AND INSTITUTIONAL RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4071 adopting the Mitigated Negative Declaration. 2. Adopt Resolution No. 4072 recommending that the City Council approve General Plan Amendment 07-001. 3. Adopt Resolution No. 4073 recommending that the City Council approve Zone Change 07-002. Minutes -Planning Commission 11-13-07 Page 15 4. Adopt Resolution No. 4074 recommending that the City Council approve Conditional Use Permit 07-011 and Design Review 07-012. 8:25 p.m. The Public Hearing opened. Willkom Presented the staff report, pointing out the modifications that staff was recommending and that were provided at the dais. Nielsen, Puckett, Noted for the record that they had met with the applicant prior to the Murray, Kozak, and meeting. Thompson Kendig Asked if at any time there were more than two Commissioners at these meetings. Commissioners Answered in the negative. Tom Saltarelli, Indicated this is an exciting time for the developer; this project has lawyer and been in the works for two years; the applicant hopes to move consultant for forward to the City Council; redevelopment is important to the City, applicant the applicant has no problems with any of the conditions; the owner, Frank Haffner, and members of his staff are available for any questions the Commission may have; John Haffner has a brief presentation. Nielsen Commented on the impressive 3-D presentation; and, asked if there were any questions for the applicant. Murray Suggested that subterranean parking can sometimes present challenges from the safety standpoint; and, asked if the access to the subterranean parking was gated or if there would be other means of denying access to unwelcome visitors. Mr. Haffner Answered that the on-site circulation presented a queuing issue preventing the parking garage from having a gate; however, there is a gate in the subterranean level that prevents guests from parking in resident stalls and also prevents access to the elevator or stairway; the only way to access the elevators and stairways would be to go through the secured gate in the parking garage by pressing an intercom button and be granted access through a video system at the receptionist's desk. Murray Asked if there would be means for requesting emergency assistance should someone have a medical issue in the Minutes -Planning Commission 11-13-07 Page 16 subterranean area by pressing an emergency button or similar measures of that type. Mr. Haffner Indicated that such a system could be implemented; the plans provide for a security system utilizing video cameras which are viewable via the Internet by staff only; those cameras include the subterranean area. Puckett Complimented the applicant on the professional presentation; and asked if there would be access to the alley through a gate or whether that was an emergency access. Mr. Haffner Replied that would be an emergency access. Thompson Suggested that the traffic study indicated a restriction for left-turn movements out the driveway; and, asked if that was a City restriction. Lutz Answered that the traffic study suggested the restriction and staff concurred. Thompson Asked how the height of the structure compares to the recently approved and under construction Cottages project. Willkom Responded that the Cottages project is 2'/2 stories of 35 feet in height; the proposed development will be 47 feet at the highest point, the tower structure along the Red Hill elevation. Nielsen Asked for the mean height of the rest of the project. Director Answered that the height would be approximately 40 feet. Thompson Asked for clarification regarding the mention of future tie-ins to the reuse of the high school. Mr. Saltarelli Stated that a building that is bordering the street in the back should include architectural features and articulation in order to merge nicely with whatever future development takes place; the fire access road that goes around the project will be 30 feet wide and provides a nice setback and would add that same setback to whatever neighboring project goes in; once the Legacy is complete, there will be no option but to redevelop existing properties, and more infill redevelopment will be required. Thompson Asked how the high school events and noise issues may impact the project. Minutes -Planning Commission 11-13-07 Page 17 Mr. Haffner Responded that the developer has high standards and utilizes acoustical engineers in the design of windows and walls that would mitigate the noise. Kozak Commented that, as residents begin to move into Monarch Village, those that are facing the high school be advised that events will occur that create noise, such as football games, fireworks, etc. Nielsen Asked if any of the units in the project will be designated as low- income housing. Mr. Haffner Answered in the negative; and, added that it is the developer's policy to make rents affordable which helps maintain occupancy in the building. Nielsen Asked for the time frame for demolition and reconstruction. Mr. Haffner Indicated that the demolition should start in early 2008, pending the approval and obtaining of proper permits; the project could be finished in approximately 20 months. Nielsen Stated that he noticed in modified Condition 1.12 concerns regarding northbound traffic on Red Hill and left turns into the project; and, asked if that will change from what exists now to a striped turn pocket. Lutz Answered the left turn would be discussed at the time of design; staff envisions a striped left-turn pocket and a restriction to left turns out of the project in addition to the right turn only sign. Nielsen Asked if the ingress/egress is straight across from the Del Taco exit and entrance on the opposite side of the street or offset a bit. Lutz Indicated that the ingress/egress will be offset from the Del Taco facility. Nielsen Suggested that the age restriction covenant that runs with the land will be perpetual. Director Affirmed Chair Nielsen's suggestion. Mr. Saltarelli Added that the design team can add an antenna from the basement to the topside for facilitation of the emergency system referred to by Commissioner Murray. Minutes -Planning Commission 11-13-07 Page 18 Bob Davis, 1101 Indicated he lives in Heritage Place, is a retired Navy man, and is Sycamore Avenue, 85 years old; there is a great need for this sort of facility in this Tustin community; he moved into Heritage Place when his former place of residence was sold and the rents raised; he called HUD who recommended Heritage Place; the amenities provide many benefits for seniors; the units are well-constructed, affordable, secure, and enhance the lives of the elderly. George Speicher, Stated he has lived in Tustin since 1975; the demographics of 14711 Alder Lane, Orange County are changing; this is a great project for seniors and Tustin will improve the area. 9:11 p.m. The Public Hearing closed. Thompson Asked if there would be any bikeway requirement of the west side of the development. Lutz Indicated that widening is planned for that area to accommodate a bike lane. Commissioners It was the consensus of the Planning Commission that this is a landmark project and a wonderful addition to Tustin. It was moved by Puckett, seconded by Kozak, to adopt Resolution Nos. 4071, 4072, 4073, and 4074. Motion carried 5-0. None REGULAR BUSINESS STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 6, 2007, CITY COUNCIL MEETING. Director reported The City Council heard the appeal of the items decided upon by the Planning Commission, the Hampton Village 77-unit condominium project; the Council approved the project with modifications, such as additional setbacks, height restrictions, windows restricted from opening and to be opaque; the Zone Change was approved for that project alone; if the developer does not take advantage of that project within two years, the City has the ability to rezone to an R-4 designation; the Council chose to put safeguards in place to ensure that what was approved would be constructed and no higher density project built if the property were sold to another developer. Minutes -Planning Commission 11-13-07 Page 19 Director continued The City adopted a Negative Declaration for the Tustin Commuter Rail Station parking structure for a future project; when the City has plans and specifications for that, the plans will be brought to the Commission as an informational item. The Council held the first reading of the International Building Code and related construction codes Ordinance, required to be adopted prior to the end of the year; the Planning Commission will continue to be the Board of Appeals. The project that the Commission took action on this evening would be subject to the dense and tall building Ordinance that the Council considered earlier this year; that is a County-wide Ordinance that the Sheriff, Tustin Police Department, and Orange County Fire Authority asked be adopted. COMMISSION CONCERNS Thompson Reported that he attended the Tustin Preservation Conservancy neighborhood mixer at Quinn's Restaurant a couple weeks ago, a very nice event. Stated he will be attending the Building Industry Show in Long Beach beginning this Thursday, hoping to improve his skills as a Planning Commissioner. Kozak Thanked everyone on staff for the great work in bringing these projects to the Commission tonight; all the work had been done by staff and the applicants. Congratulated the Spencer family on their Pumpkin Pride award; and, thanked Tustin Pride and Parks and Recreation for recognizing homes in Tustin for Halloween decorations. Noted the Dinosaur Dash raised almost $200,000 with a record 7,690 runners and walkers of all ages. Murray Complimented staff on their great work and for making the Commissioners' jobs a lot easier. Added compliments to his fellow Commissioners and acknowledged their assistance to him in gaining knowledge in this area. Minutes -Planning Commission 11-13-07 Page 20 Murray continued Stated his wife and family participated in the Dino Dash; Doug Davert made a comment encouraging Commissioner Murray to contribute next year and to bring that message to the other Commissioners; Commissioner Murray will be participating next years and encouraged fellow Commissioners to volunteer. Complimented the Novak family for their support of Station 43 and all of the firefighters who were involved in fire safety during the recent firestorms. Noted he is looking forward to the Mayor's Prayer Breakfast this Thursday. Remarked that he received information regarding fire construction on buildings that abutted the areas where a neighboring community had potential fire damage; his understanding was that embers have the ability to enter the venting of the roofs, that some newer construction adds venting to tiles in the roofs; and, asked if that is something that is being passed on to builders in Tustin. Director Indicated staff has heard nothing as yet. Murray Asked for staffs plans regarding the overview on the building permit process that he had requested at a prior meeting. Director Responded that staff plans to provide that overview. Puckett Stated he attended a luncheon at the Hyatt Regency in Irvine that was a fundraiser for the Boy Scouts of Orange County primarily sponsored by the commercial real estate industry in Orange County; $300,000 was raised for the Orange County Council of the Boy Scouts of America; there were about five scouts that helped with the presentation of the colors-one a Life Scout and one an Eagle Scout; it takes 21 merit badges to earn Eagle; these two guys must have had 50 or 60. Noted he just returned from three weeks in Australia and New Zealand; it was a great time, but three weeks is a long time to be away from Tustin; Tustin has a sister city in New Zealand, Mata Mata, which is two hours south of Auckland, an area where Lord of the Rings was filmed; he intended to get down there but was unable to do so. Indicated the Mayor's Prayer Breakfast is sponsored by the Tustin Community Foundation; 7:00 a.m. this Thursday at Marconi Minutes -Planning Commission 11-13-07 Page 21 Museum, and will be a great event; Chuck Devore is the speaker; everyone who can attend should do so. Wished everyone a Happy Thanksgiving. Nielsen Stated that Chair Pro Tem Puckett was missed while he was away. Indicated that he will also be attending the Mayor's Prayer Breakfast; Chuck Devore is a great speaker who always has something worthwhile to say. Stated he also attended the Conservancy mixer and enjoyed seeing the folks from Old Town. Noted the Tustin Chamber mixer at City Hall included the Police Department giving tours and showing off what they do for the community; he believes our Police Department is the finest in Orange County. Added that a resident called him regarding the interior lighting for office buildings that is visible from the street, specifically neon lighting; there is a building on First Street near the post office that has a tremendous amount of neon lighting; and, asked what codes may be at issue. Director Indicated that staff is aware of that situation and is looking into it. Nielsen Noted that the neon is visible from the right-of--way and the businesses across the street. Wished everyone a Happy Thanksgiving. 9:33 p.m. ADJOURNMENT It was moved by Thompson, seconded by Puckett, to adjourn. Motion carried 5-0. The next regular meeting of the Plannin ommission will be held Tuesday, November 27, 2007, at 7: p. the City Council Chamber at 300 Centennial Way. ~ t ~j Job Cif ~u~,-~~ Chai ~~~~~A~~ Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission 11-13-07 Page 22