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HomeMy WebLinkAboutPC Minutes 02-26-08MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION FEBRUARY 26, 2008 7:01 p.m. CALL TO ORDER Given PLEDGE OF ALLEGIANCE ROLL CALL: Present: Chair Nielsen Chair Pro Tem Puckett Commissioners Kozak, Murray, Thompson Staff present: Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager Doug Holland, City Attorney Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Justina Willkom, Senior Planner Alice Tieu, Associate Planner Eloise Harris, Recording Secretary Michael Garner, PRESENTATION Vestar Development, delivered a PowerPoint show Mr. Garner indicated that The District is 99 percent finished highlighting various aspects and 95 percent occupied. of The District at Tustin Legacy Nielsen Thanked Vestar for this wonderful development which has turned out better than anticipated. Murray Added his compliments regarding the mitigation measures that have been implemented related to the traffic situation, which was the only concern he has heard about from visitors to The District; and, asked if the PowerPoint show is on The District at Tustin Legacy website. Mr. Garner Answered in the affirmative. Minutes -Planning Commission February 26, 2008 -Page 1 Murray Echoed Chair Nielsen's comments regarding this development, adding that the new points of ingress/egress should help to alleviate the traffic problems. Mr. Garner Stated the development was truly a partnership between Vestar/Kimco and the City of Tustin; without the staff, City Council, and Planning Commission, none of this would have been possible. Thanked everyone involved for being a pleasure to work with in bringing this vision to fruition. Nielsen Asked how the smaller retailers in the Lifestyle area are doing. Mr. Garner Indicated that so far things are a bit slower than originally hoped; the theaters have not been doing the business that was expected, but the numbers seem to be improving and should get better during the summer movie season; creating awareness of the project in the community is a challenge since there are many choices in Orange County; it is the owner/developer/manager's job to reach out to the community. Puckett Asked if there is an opening date for In-N-Out Burger. Mr. Garner Answered that date should be April 11, 2008. Kozak Thanked Mr. Garner for his presentation; the unique mix of restaurants is very welcome in Tustin; the directional signs on-site seem to be helping the traffic flow. Mr. Garner Indicated that the intention is always to make The District a better experience for everyone. Nielsen Added that the quick response to the traffic congestion was very helpful. Kozak Stated the Commission will look forward to future updates. None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES -FEBRUARY 12, 2008, PLANNING COMMISSION MEETING. Minutes -Planning Commission February 26, 2008 -Page 2 Commissioner Thompson 2. MCAS TUSTIN MITIGATION MONITORING AND requested the item be pulled REPORTING PROGRAM € for discussion; Commission requested that staff make The annual review and program memorandum modifications and bring back provides the following: to the Planning Commission a. A general description of the project's status, including actual or projected completion dates, if known. b. The current status for each mitigation measure. It was moved by Thompson, seconded by Puckett to pull Item 2 for discussion. Motion carried 5-0. It was moved by Murray, seconded by Puckett, to approve Items 1 and 3 of the Consent Calendar. Motion carried 5- 0. Received and filed 3. STATUS OF LEGACY PROJECTS Information the Planning Commission requested regarding Tustin Ranch Road through the Legacy and the Barranca Parkway improvements. RECOMMENDATION: Receive and file this report. Thompson Stated he had the following questions for staff regarding Item No. 2 of the Consent Calendar: • Should Tustin Ranch Road be an infrastructure project? • If a project has been completed, could it be shaded to allow for quicker reference? • Is there afollow-up item for the Bike Trail? • What is the next step for Hangar 29? • Is T/C-6 referencing a table other than Table 5? • Could clarification be provided regarding the Table 3-3 trip budget information? Minutes -Planning Commission February 26, 2008 -Page 3 Nielsen Indicated he would like to know if there is a map showing current and future bike trails; and, asked if there were staff responses to Commissioner Thompson's questions. Director Replied that staff could reply to some of the questions now; the infrastructure questions will need to go to Doug Anderson (who was unable to attend this evening); he is more closely involved with trip budget issues. Nielsen Asked for responses that would perhaps not take up too much time and others could be brought back later. Director Indicated that the shading could be provided; this is the second monitoring report prepared to report the major milestones regarding the MCAS Tustin EIS/EIR; the bike trail map can be found in the EIS/EIR document which is provided to all Planning Commissioners when they are appointed; staff can separate the map out and provide it to the Commission as a separate document if so requested; a copy of the Master Plan of Bikeways can also be provided if desired. Nielsen Responded that those two items would be appreciated. Director Stated that it might be best to bring responses to the other questions back to the Commission. Nielsen Asked if the County of Orange multi-treatment campus is replacing a facility or is something new. Director Stated that is a new facility. Nielsen Asked if there is an update from the County regarding the northern hangar. Director Requested that staff be allowed to bring back a report to the Commission. It was moved by Puckett, seconded by Kozak, to receive and file the report. Motion carried 5-0. PUBLIC HEARINGS: Adopted Resolution Nos. 4. ZONE CHANGE 08-001 -AMENDMENTS TO THE 4083 and 4084 PROSPECT VILLAGE PLANNED COMMUNITY DISTRICT REGULATIONS - TO ALLOW Minutes -Planning Commission February 26, 2008 -Page 4 COMMERCIAL SERVICE AND PROFESSIONAL OFFICE USES IN A MAXIMUM OF THREE (3) OF THE SIX (6) LIVE-WORK UNITS FACING PROSPECT AVENUE AND TO CLARIFY HOW OWNERS OF RESTRICTED UNITS MAY BE PERMITTED TO LEASE THE GROUND FLOOR PORTION OF THE RESTRICTED UNITS. OTHER VERY MINOR AMENDMENTS ARE ALSO PROPOSED. THIS PROJECT IS LOCATED IN THE PLANNED COMMUNITY 9PC) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission: a. Adopt Resolution No. 4083 recommending that the City Council adopt findings that Zone Change 08-001 and the Second Amendment to the Disposition and Development Agreement by and between the Tustin Community Redevelopment Agency and Prospect Village LP are within the scope of the previously approved Prospect Village Final Environmental Impact Report. b. Adopt Resolution No. 4084 recommending that the City Council approve Ordinance No. 1351 adopting amendments to the Prospect Village Planned Community District Regulations (Zone Change 08-001), attached to the draft ordinance as Exhibit 1. Thompson Indicated that he would recuse himself from this item since he has a conflict of interest; he and his wife own a property that is within 300 feet of the subject property. Commissioner Thompson Chamber. 7:32 p.m. Reekstin Puckett The Public Hearing opened. Presented the staff report. was excused from the Indicated it is good to see this great-looking project moving along; and, asked if there is a projected occupancy date. Minutes -Planning Commission February 26, 2008 -Page 5 Reekstin Responded that the developer expects completion by mid- March; occupancy dates are unknown at this time. Kozak Asked for clarification whether the relaxation that is being proposed for these three units would only involve the live/work units on Prospect Avenue and not the commercial portion along Main Street. Reekstin Answered in the affirmative. Kozak Asked if this is an adjustment to the changes in the commercial/retail service market place and the types of businesses going in. Reekstin Indicated that this allows the developer some flexibility in selling those units, perhaps in reaction to the interest the developer has received regarding purchasing the units. Murray Asked if the minor changes referred to in the staff report were referencing utilities, service systems, recreation, and public services. Reekstin Responded that the minor changes he referred to were in the Planned Community District Regulations, shown in cross-out and underline. Nielsen Referred to the recent projects and the ground floor retail aspect desired for Old Town; and, asked if this relaxation would impact that intention. Director Replied that the commercial building that fronts onto Main Street will have the retail requirement on the ground floor; this adjustment would pertain to the ground floor for the units facing onto Prospect Avenue. Nielsen Indicated that his was more a philosophical question related to maintaining more of a retail presence in that area. Director Noted that when the Commission made the recommendation to the City Council in 2006 to study the entire area, the ground floor restriction for many of the ancillary streets was removed. Nielsen Invited anyone who wished to speak on this item to come forward; no one did. Minutes -Planning Commission February 26, 2008 -Page 6 7:43 p.m. The Public Hearing closed. Commission It was the consensus of the Commissioners that this is a beautiful project and a welcome addition to Old Town; the relaxation being confined to only three units seems reasonable. It was moved by Murray, seconded by Kozak, to adopt Resolution Nos. 4083 and 4084. Motion carried 4-0. Thompson Returned to the dais. Adopted Resolution No. 5. CONTINUATION OF CONDITIONAL USE PERMIT 4080, with one minor 07-014 AND DESIGN REVIEW 07-015 TO modification CONSTRUCT A 7,650 SQUARE FOOT MIXED USE DEVELOPMENT (OFFICE AND RESIDENTIAL) LOCATED AT 170 EL CAMINO REAL IN THE CENTRAL COMMERCIAL (C-2), WITH COMBINING PARKING (P) AND CULTURAL RESOURCES (CR) OVERLAY DISTRICTS. RECOMMENDATION: That the Planning Commission adopt resolution No. 4080 recommending that the City Council approve Design Review 07-015 and Conditional Use Permit 07-014. 7:45 p.m. The Public Hearing opened. Tieu Presented the staff report. Kozak Asked if the recommendation to the City Council to approve the design review would include the commentary regarding the embellishments on the building. Tieu Answered in the affirmative. Nielsen Asked if there are specifics regarding those embellishments. Director Indicated that would be at the pleasure of the Planning Commission; the applicant's architect did a rather quick turnaround to present the architecture before the Commission this evening and tried to address the Minutes -Planning Commission February 26, 2008 -Page 7 comments and concerns that were presented by the Planning Commission; staff has additional concerns regarding the elevations and overall treatments; these concerns were included in the conditions of approval; the applicant and architect would like to present their slide show for the Commission; staff will take direction from the Commission. Thompson Asked, regarding the parking study, what the threshold might be for the saturation point in Old Town Tustin. Director Responded that the Old Town Parking Study that was commissioned by the City Council will be provided to the Planning Commission in the future; at this time, those recommendations identify there are no parking issues except for certain peak demand times. Thompson Referred to the recommendation to increase the retail space to 400 feet; stated this is a good suggestion; and, asked what the square footage was on the slide that was shown in the presentation. Tieu Indicated that was the 196 square foot area. Thompson Asked from where the additional square footage would come. Tieu Replied that the space could be expanded into the lobby area; the applicant will need to decide that. Puckett Asked if doubling the retail space will require the loss of one parking space. Director Answered that the loss may be one space and the need for an additional two in-lieu spaces; that will depend upon how the site plan is modified; a condition has been included that takes that into consideration. Puckett Suggested that the parking space issue is not a major problem. Director Stated that depends upon how the in-lieu number is determined. Paula Meyer, applicant Reiterated that she and the architect will be happy to work with staff in fulfilling the additional requirements for retail Minutes -Planning Commission February 26, 2008 -Page 8 and the architectural components; her plan is to live and work in the building which should help the overall parking impacts. Susan Secoy, architect Indicated her PowerPoint presentation would be similar to the one shown at the earlier Planning Commission meeting but exemplifying the changes in the architecture. Thompson Thanked the architect for the quick turnaround and being responsive to the issues that were raised; and, asked where the HVAC equipment would be located. Ms. Secoy Responded that there is an area below the stair and the elevator area. Thompson Referred to the architecture; and, asked the architect to describe the way the residence sets atop the first floor. Ms. Secoy Indicated that would be accomplished with the difference in the brick and the fact that the residence is pulled back to a point where it will not be easily seen from the street; this design goes back to the Renaissance where there were different levels of structures; it is her job to make the forms blend into the area. Kozak Thanked the applicant and architect for the rapid and very responsive turnaround on this item; noted he is excited about the changes; and, asked the architect if the roof is designed to reduce the appearance and/or massing of the residential unit. Ms. Secoy Answered in the affirmative. Kozak Asked how the fascia on that roofline would be approached. Ms. Secoy Replied that the trim will be a metal product with an oil- rubbed bronze finish. Kozak Asked if it might be possible to reduce the horizontal opening into the parking area; and if the windows could be separated or if the spacing represented in the rendering is required. Ms. Secoy Indicated she could potentially shift the storefront glass to the north but must be five feet away from the property line Minutes -Planning Commission February 26, 2008 -Page 9 for fire protection; there is a minimum width for the drive aisle of 25 feet. Kozak Stated he was referring to the perimeter windows on the lower portion and the residential unit, not trying to mimic anything but to integrate some of the more traditional elements to be found in Old Town; referred to the horizontal pop-outs on the Robie House which could be added across the top of the building and around the opening to the entrance of the parking structure; and, asked if the windows could have individual brown sills rather than a band across. Noted the conditions of approval architectural section includes light fixtures and other changes to the south and east elevations. Indicated he supported the increased retail space and waiving of the in-lieu fees. Nielsen Agreed with Commissioner Kozak's comments; this is a challenging site; with the additions mentioned by Commissioner Kozak, the building would look less institutional. Murray Complimented the architect on the nice changes made in a timely manner; a softening of the design would be more harmonious with the area; the opening into the parking area is still a concern. Ms. Secoy Stated that she and the applicant had discussed the possibility of a gate; and, asked if that might meet with staff approval. Director Replied that gates are discouraged for a variety of reasons; staff looked at the gate issue and would like an opportunity to discuss it with OCFA and the Public Works Department; if there is a possibility to narrow the opening, there might be an architectural benefit. Murray Commented that it is very important to increase the retail element to at least 400 square feet. Puckett Indicated the architect has done a good job turning this around; the east elevation is especially well done; the more the structure is designed to look like the building in Minutes -Planning Commission February 26, 2008 -Page 10 Orange, the better; 400 square feet of retail would be desirable and acceptable; some colored brick would improve the appearance of the north elevation. Nielsen Stated that he understands that 400 square feet of retail will be a challenge, but 196 square feet would not allow for any successful business; eliminating in-lieu fees should be encouraged. Brad Fisher, 150 EI Camino Reiterated the concerns that he expressed at the previous Real Planning Commission meeting. Leonard Nettles, 180 EI Provided highlights from the "Visions of Old Town" booklet; Camino Real and, restated the concerns he expressed at the previous meeting. Martin Rigby, Acorn Restated the issues he brought before the Planning Naturalists Commission at the January 22, 2008, meeting. Ms. Meyer Indicated she and her architect have removed elements that were referred to as unacceptable to the neighbors and will continue to work with staff and the neighbors to bring a beautiful structure to Old Town. 8: 49 p.m. The Public Hearing closed. Nielsen Following discussion among the Commissioners, Chair Nielsen enumerated the following refinements for consideration by the staff and the applicant: • More articulation on the front face • Narrowing the driveway • Move trash enclosure, if possible • Soften the massing on the north elevation with other historical materials • Minimum of 400 square feet of retail • Adjustments to the rooflines between the residential and offices, if possible • Window and door treatments on the east elevation similar to the Helm building, the horizontal and vertical treatments around the opening and pop- outs at the top of the building to add depth. Director Noted that staff included Condition 4.6 which relates to various embellishments to all four sides and Condition 4.3 refers to lighting fixtures; issues such as the trash Minutes -Planning Commission February 26, 2008 -Page 11 enclosure have been looked at closely and there are not many options. Kozak Suggested that Condition 4.6 could be modified to remove "south and east" and insert "building" elevations. It was moved by Murray, seconded by Thompson, to adopt Resolution No. 4080, as modified. Motion carried 5-0. REGULAR BUSINESS: Received and filed 6. ZONING ADMINISTRATOR UPDATE Information the Planning Commission requested related to the duties and function of the Zoning Administrator. RECOMMENDATION: Receive and file this report. It was moved by Puckett, seconded by Kozak, to receive and file the report. Motion carried 5-0. Received and filed 7. AREA TOURS Next tour scheduled: The purpose of the tours is to provide the Planning 4:00 p.m., March 11, 2008; Commission with an overview of various areas of meet in front of the the City from a community development Community Center perspective. The next tour could be scheduled for March 11, 2008, beginning at 4:00 p.m. STAFF CONCERNS 8. REPORT OF ACTIONS TAKEN AT THE FEBRUARY 19, 2008, CITY COUNCIL MEETING. Director Reported on one item on the Council Agenda, the Old Town Parking Study; City staff will be transmitting that document to the Planning Commission as an information item; in the coming months, a presentation will be provided for the Planning Commission; the City Council took the Study under advisement and directed staff to follow up on some of the actions that were included in the Study; some of those actions would involve zoning ordinance amendments, modifications to staff-implemented actions, etc. Minutes -Planning Commission February 26, 2008 -Page 12 COMMISSION CONCERNS Thompson Stated that he attended the Library groundbreaking, anew milestone in Tustin's progress. Indicated he attended an OCBC luncheon that hosted the U.S. Secretary of Transportation, Mary Peters; the focus was on the innovation of transportation projects and partnerships. Added that he attended the American Society of Civil Engineers Recognition Awards and could not help but think that perhaps Tustin has unique aspects that could be deserving of a future award. Asked for an update on the status of the Old Town Commercial Guidelines process. Director Responded that there was no allowance in the current budget for such a study; this may have to be allotted in the next City budget if the Council is in accord. Thompson Suggested that perhaps something could be prepared to allow the Commission to consider various options that might equip the Commission better in reviewing applications and making a recommendation to the Council. Director Asked for clarification regarding the options Commissioner was referring to. Thompson Answered that he was referring to something similar to the Residential Guidelines or something similar to the RUDAT study; through a collection of donated time from professionals in the area, this might be feasible and would create less stress on the budget. Nielsen Suggested that perhaps Commissioner Thompson was requesting guidelines to formulate parameters. Thompson Replied in the affirmative; and, requested that staff come back with potential possibilities and costs associated so that the Planning Commission could sensitively make a recommendation. Director Indicated that staff would follow up on that suggestion. Minutes -Planning Commission February 26, 2008 -Page 13 Nielsen Suggested that perhaps a workshop could be planned with interested parties to create some parameters. Kozak Thanked staff for the Mitigation Monitoring Report and the hard work involved in this evening's agenda. Noted that he also attended the Library groundbreaking, a true example of a community partnership from a financing standpoint; not one penny of debt is attached to this project. Congratulated Chair Nielsen on his appointment to the Boy Scouts District Council for Tustin, North Tustin, Orange, and Anaheim Hills. Murray Indicated he was unable to attend the Library ground- breaking but is very happy to see that project move forward. Stated he was a guest at the Tustin Ranch PTA and was impressed with the fantastic work being done; recently the school was selected as one of 46 schools nationwide to win a $2,000 award fora Take-Your-Family-to-School grant. Reminded everyone that the Easter Egg Hunt takes place March 22 at Tustin Sports Park. Commended the Tustin Police Department and Code Enforcement staff on the Tustin Against Graffiti program; and, offered accolades to Lt. Charlie Selano and everyone else working on this program. Puckett Stated that he attended the Library groundbreaking; this is a tremendous event and historic time in the City's history, seeing such a project coming to fruition; and, indicated he was honored to represent the Tustin Community Foundation in presenting a check to the City. Noted that Chair Nielsen gave a wonderful presentation regarding the McCharles House at the last City Council meeting. Reported that, as a member of the Community Foundation, he also sat on the meeting panel for the allocation of the Community Development Block Grant Minutes -Planning Commission February 26, 2008 -Page 14 funds; approximately $120,000 were allocated with special emphasis on Tustin youth, perhaps a means to avoid future graffiti expense. Asked staff for a report regarding the SunCal default on the Tustin properties and how dire the situation may be. Reminded everyone that the Community Foundation sponsors a Pancake Breakfast in association with the Egg Hunt on March 22. Noted that Bob Stiens, on behalf of the Tustin Community Foundation, spoke at the Council meeting about accepting applications on March 1St for grants that will be awarded in May. Nielsen Stated he attended the Library groundbreaking; it is very nice to see the project moving forward after many years of planning and effort on the part of lots of people. Stated he attended his first OCTA Citizens Advisory Committee meeting, chaired by Jeff Thompson, who was kind enough to guide Chair Nielsen through the meeting which was very enlightening. Offered congratulations to the McCharles House, the recipient of this historic recognition that was well-deserved; he was honored to be asked to make that presentation; anyone who hasn't visited the restaurant recently should do so; the improvements are very impressive. 9:30 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, March 20 8, at 7:00 p.m. in the City Council Chamber at 0 C ter ial Way. Johht~Jielsen Chairperson Izabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission February 26, 2008 -Page 15