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HomeMy WebLinkAbout01 PC Minutes 11-12-08ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 12, 2008 6:59 p.m. CALL TO ORDER Given INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL Present: Chair Puckett Chair Pro Tem Kozak Commissioners Kasalek, Murray, Thompson Staff present Elizabeth A. Binsack, Community Development Director David Kendig, Deputy City Attorney Dana Ogdon, Assistant Community Development Director Justina Willkom, Principal Planner Amy Thomas, Senior Planner Reina Kapadia, Associate Planner Gari Meyer, Assistant Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES -OCTOBER 28, 2008, PLANNING COMMISSION MEETING. It was moved by Murray, seconded by Thompson, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. CONTINUED CONDITIONAL USE PERMIT 08-018 A No_ 4101 REQUEST TO ESTABLISH A MASSAGE ESTABLISHMENT. THIS PROJECT IS LOCATED AT 1076 EAST FIRST STREET, SUITE C, IN THE RETAIL COMMERCIAL (C-1) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4101 approving Conditional Use Permit 08-018. 7:02 p.m. The Public Hearing opened. Minutes -Planning Commission November 12, 2003 -Page 1 Meyer Presented the staff report Thompson Thanked staff for addressing the issues raised at the last meeting; and, referring to Condition 2.12, asked at what point the City may require more than just trimming back the overgrowth that may impede the lighting and walkways. Meyer Replied that there are requirements in the Tustin City Code related to landscaping; if it is determined that the site is in violation, Code Enforcement would initiate compliance. Thompson Asked if more strength could be added to Condition 2.12 that requires the windows not be covered by landscaping and that lighting should not be diminished by overgrowth. Meyer Answered that lighting is measured from the paved surface and would not take into account anything beyond that; if covered windows were determined to be a nuisance or a detriment to the health and welfare of the people using the site or residing nearby, that could become a Code Enforcement issue- Kendig Added that the Tustin Code contains very general descriptions of what constitutes a nuisance; if the Planning Commission wishes to add additional detail to provide certain thresholds, it would be appropriate to do so. Murray Suggested that Code Enforcement would have the ability to, based on the current Code, enforce those types of things without specific comments. Director Stated that Commissioner Murray was correct; the difficulty with adding additional language might result in the removal of landscaping, such a trees, that were intended to remain; the Sign Code allows for signage in up to 25 percent of the window space which may result in some coverage of the window area; the condition as written allows for Code Enforcement discretion regarding when the coverage is too much. Puckett Agreed that it would be best to allow Code Enforcement ensure compliance with the Code. 7:14 p.m. The Public Hearing closed. Puckett Noted that he was satisfied with staff's work regarding the issues addressed at the prior meeting. Thompson Stated that staff did a good job addressing all the concerns that were mentioned; he still has concerns regarding the "jungle" aspect of the Minutes -Planning Commission November 12, 2008 -Page 2 current landscaping in the interior area; the Police Department stressed that fighting and landscaping were major concerns; he would insist that staff be vigilant in not allowing dark corridors, missing lights, etc. Murray Complimented staff; his concerns were addressed; he supports approval of the permit. Kasalek Stated that her only concern was the landscaping and that the owner of the property be notified when things are getting overgrown. Kozak Complimented staff and the applicant for working together to address the concerns expressed at the last meeting; the additional conditions are well written and address the issues; standard Condition 1.6 provides for an annual review if necessary by the Community Development Director regarding compliance with the conditions of approval and the possibility of imposing additional conditions if there is a nuisance or negative impact. Asked for verification that the applicant agrees with the additional conditions of approval. Qiong Li, applicant Stated that she agreed to the conditions of approval. Puckett Noted that he is also in support of the application and conditions; and, stated that it is important that Code Enforcement make sure that these types of businesses are up to Code. It was moved by Kozak, seconded by Kasalek, to adopt revised Resolution No. 4101. Motion carried 5-0. Adopted Resolution 3. CONDITIONAL USE PERMIT 08-013 A REQUEST TO No. 4104 ESTABLISH A MASTER SIGN PROGRAM FOR PROSPECT VILLAGE. THIS PROJECT IS LOCATED AT 191 EAST MAIN STREET, 272, 276, 280, 284, 288, 292 PROSPECT AVENUE, AND 270, 274, 278, 282, 286, 290 PROSPECT PLACE IN THE PLANNED COMMUNITY (PC) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4104 approving Conditional Use Permit 08-013. 7:21 p.m. The Public Hearing opened. Meyer Presented the staff report. Minutes -Planning Commission November 12, 2008 -Page 3 Thompson Stating that he owns property within 300 feet of this project, Commissioner Thompson recused himself and left the dais. Kasalek Asked for clarification that the blade signs must be a minimum of 8 feet 11'/z inches from the sidewalk. Meyer Answered that the requirement is for every sign to be that height. Kasalek Referred to page 7 of the Sign Program where it states that all projecting signs in public rights-of-way shall be a minimum of eight feet above sidewalks. Meyer Explained that that is a Public Works requirement for clearance over a right-of-way and would be the minimum. 7:29 p.m. The Public Hearing closed. Commission It was the consensus of the Planning Commission that the proposed Sign Program will be an attractive addition to the site. It was moved by Murray, seconded by Kozak, to adopt Resolution No. 4104. Motion carried 4-0. Thompson Returned to the dais. Continued to 4. CONDITIONAL USE PERMIT 08-015 AND DESIGN REVIEW December 9, 2008, 08-008 A REQUEST FOR AUTHORIZATION FOR A NEW, Planning Commission DETACHED, TWO-STORY ACCESSORY BUILDING TO BE meeting USED AS A GUEST HOUSE AND GARAGE. THIS PROJECT IS LOCATED AT 445 WEST SECOND STREET IN THE SINGLE FAMILY RESIDENTIAL (R-1 ), CULTURAL RESOURCES OVERLAY DISTRICT (CR) ZONING DISTRICT. RECOMMENDATION; That the Planning Commission adopt Resolution No. 4105 approving Conditional Use Permit 08-015 and Design Review 08-008. 7:34 p.m. The Public Hearing opened. Murray Referred to the Findings where the words "specialty and retail use" appear; and, asked if the correct reference would be "residential use." Kapadia Answered that was correct. Minutes -Planning Commission November 12, 200& -Page 4 Thompson Asked if the ancillary structure is consistent with other properties in the area. Kapadia Replied that the property to the west also has an ancillary garage building; the property directly to the north is amulti-family residential complex; throughout Old Town, these types of ancillary buildings are common. Thompson Asked for clarification of the difference between this type of application and a granny flat. Kapadia Responded that this is planned as an accessory building to be used as a guest room; the Tustin City Code specifies the difference between guest rooms and second residential units; second units are intended as additional dwelling units on the same property; this project is an accessory building to be used only as a guest room; conditions are included that it may not be rented or leased and no kitchen or cooking facilities allowed. Thompson Asked if the threshold for a granny flat would be the size of the lot. Kapadia Answered that the Zoning Code specifies a minimum lot size for a second residential unit would be 12,000 square feet; this lot is 10,000 square feet and would not be applicable for a second residential unit. Thompson Stated that it sounds as though there is a lot of consistency of some of the architectural concerns; there were some things that were not addressed; some were raised in the letter by Mr. and Mrs. Hockenberry such as the exterior stairway. Kapadia Indicated that exterior staircases are found on buildings throughout Old Town; staff would prefer to see enclosed staircases. Thompson Referred to the massing as compared with other garages in Old Town; and, asked for clarification of the Guidelines regarding the massing of structures. Director Stated that the Guidelines provide generalities; the Zoning Code also addresses the issue; a Land Use Fact Sheet was provided covering the allowances; staff expressed a concern regarding the massing; this is a discretionary action and also relates to the Commission's role regarding historic resources; a Certificate of Appropriateness will be necessary before a building permit is issued; staff has attempted to work with the applicant regarding the massing being too great and the lack of architectural relief; there should be more articulation even though the proposal may meet the Zoning Code with respect to coverage, setbacks, and height. Minutes -Planning Commission November 12, 2008 -Page 5 Kasalek Asked what guidelines were in effect regarding historical preservation when a similar project was approved in 1982. Kapadia Indicated that the Cultural Resources Overlay District was not in place in 1982. Kozak Asked if staff had suggested an enclosed staircase to the second level to the applicant; clarification was requested regarding the design of the roof; the project at the southwest corner of Second and A Streets (a similar ancillary building) had the same height restrictions; the building that was appraved and built has a roof design and pitch complementary to the main house. Kapadia Stated that the first set of drawings included a fully pitched roof but was 24 and one-half feet high, which exceeded the height restriction by four and a half feet; the applicant redesigned the roof with the 4-12 and 1-12 pitch; other alternatives would be to have a single story structure as suggested by the Hockenberrys or to have an attic space as opposed to two full height stories, to allow the roof to be more compatible. Kozak Asked if there was any discussion regarding the staircase being incorporated into the interior. Kapadia Answered that was a suggestion in conversation by staff; perhaps that is an item that could be revisited during plan check for the final architectural design. Thompson Asked if the calculation for the coverage of the lot included the exterior staircase. Kapadia Stated the exterior staircase was included in the lot coverage calculation as part of the footprint of the building and is shown on the submitted plans. Thompson Stated that the square footage is the same downstairs and upstairs. Kapadia Indicated the square footage of the building as opposed to the footprint are two different numbers; the footprint would include the exterior staircase. Murray Referred to one of the comments regarding a prior violation involving the use of the driveway; and, asked for the status of that violation. Kapadia Replied that there is an open Code Enforcement case that is with the City Attorney's office; however, the progress of this application is considered a good faith effort to rectify some of those issues; the unpermitted canopy structures have been removed. Minutes -Planning Commission November 12, 2008 -Page 6 Kozak Asked if there was a requirement in the proposal for paving of the driveway. Kapadia Indicated that paving the driveway was shown on the submitted plans; a condition was added to also include a landscaped area. Puckett Invited the applicant to speak. Michael Ferguson, Stated that he first proposed this project 25 years ago when he tried applicant to match the roof to the character of Old Town; he would like the full roof but only 20 feet are allowed; he has conformed with the same siding, the same materials, the same windows; the staircase is on the exterior to allow for two cars and 14 feet of storage space on the interior; the guest house meets the requirements of the Guidelines; the structure will not be seen because it is behind the house; if he were allowed the 24-foot roof, he would be able to incorporate the architectural style; he has lived in Tustin all his life and intends to stay; the Hockenberrys approved this project 25 years ago; the other comments were from neighbors outside the 300 foot limit but are friends of the Hockenberrys, who no longer approve the design; this is all he can do; if staff would like to allow a variance for him to go higher, he would be able to match the roof. Puckett Indicated that he viewed the property and believes the structure will not be visible from the street; he likes the design; Condition 3.2 will allow the applicant to work with staff to improve the design. Mr. Ferguson Stated the reason for the appearance of that wall is that it faces the condominiums; he did not include windows so as not to invade the privacy of his neighbors. Thompson Congratulated Mr. Ferguson on living in the home of the first mayor of Tustin; and, asked if going higher, which would require a variance, would allow for concessions. Mr. Ferguson Answered in the affirmative. Thompson Asked if it would be possible to address some of the massing. Mr. Ferguson Replied that the higher roof would take care of that concern. Murray Thanked Mr. Ferguson for giving the Commission the history of the property. Puckett Asked if the full pitch would add four feet. Mr. Ferguson Stated that sounds correct, but he would have to recalculate the numbers. Minutes -Planning Commission November 12, 2008 -Page 7 Puckett Invited others to speak. Linda Jennings, Stated that this structure is an inappropriate size in relation to the 350 South B Street home; the bulk of the building will overpower the size and scale of an elegant Victorian cottage that is one of the few pre-1900s homes in Old Town Tustin; the height limit in Old Town is set not only to specify how tall a building is but also to control the bulk; the proposal results in an awkward roof line; the photos in the staff report show exactly what can happen when the buildings undermine the character of the surrounding buildings and the District at large; she feels the building will show from behind the house; trees do not always last; if this one is ever gone, the building will be visible; in other recently approved designs such as the garage behind the home at 255 West Second and the more recent accessory building at 200 South C Street, it is evident that staff made the homeowners construct the garages to match the style and the size of the homes and also add architectural features to complement these homes and the historic district; reducing the bulk of the proposed structure by cutting back of the very large guest quarters would allow for an appropriate slope of the roof to match the house; matching a few of the architectural details, such as the proportion of the windows, could create an accessory building to serve the owner and meet the design standards for Old Town Tustin; this item should be returned to the staff for further design work before it is approved; staff and the Planning Commission, acting as the Historic Resource Committee, should support the historic nature of Old Town Tustin and the architectural regulations that govern Old Town. Edward Wellman, 450 Stated that his home is directly across the street from Mike's house; West Second Street the house on the corner of Second and A Streets looks like a big box and is clearly visible; if every tree were removed around Mr. Ferguson's proposed structure, only a third of the building would be visible; the roof line should be allowed as proposed or as high as he wants the roof to be; this project should be approved. 8:22 p.m. The Public Hearing closed. Thompson Stated that he appreciates all the work staff has put into this application, the time the owner has spent, and the letters that were received; there are a number of issues that need to be resolved; more architecture needs to be applied; the stairs, the massing, and the vertical nature of the structure may require that compromises be made; perhaps the applicant could work with staff and some exploring of a variance be considered allowing the height to go up allow for more architectural components; historical consistency is important. For these reasons, he would be in favor of continuing this item in order to achieve those goals. Minutes -Planning Commission November 12, 2008 -Page 8 Murray Stated that he has reviewed this application carefully; he understands the concerns of Ms. Jennings and the importance of maintaining the cultural uniqueness of this community; the owner seems sincere; it seems that a balance could be found and the issues addressed during the design review process; this project should be moved forward. Kasalek Indicated that she has problems with the look and size of the proposed structure; it is the Planning Commission's job to make sure that the design is appropriate; it is important not to set a precedent with the height issue; because of the condominiums that back up to this property, she would like to see changes in the architectural style; perhaps a variance is the answer; whatever the case, she would like to see the project come back to the Commission for further review to be sure the various concerns are addressed. Kozak Thanked everyone for their involvement in this application; he is concerned about the massing and the articulation of the elevation, the roof in particular; there are regulatory issues to deal with that should be explored; if a variance is necessary for the roof, the Commission should consider that; perhaps the project could move forward, but the Design Guidelines must be met; staff should work with the applicant regarding the stated concerns and the item brought back for the Planning Commission to look at the final design. Puckett Thanked Mr. Ferguson for coming back after 25 years to try to resolve this situation; he would be willing to approve the recommendation as presented by staff; however, a variance may be a possibility to attain the design desired; it looks as though the Commission is leaning 3-2 toward having the item brought back. A motion was made and seconded to continue the item. Puckett Asked for further discussion. Kozak Asked that the maker of the motion consider direction to staff with the specifics that have been discussed. Thompson Suggested amending the motion to consider a potential variance that would allow all of the concerns to be adequately addressed according to the Design Guidelines: roof pitch, gables, windows, other detailing, exterior staircase, articulation, and the massing. Motion seconded by Murray. Motion carried 5-0. Puckett Told Mr. Ferguson that the Gommission likes the project and wants to ensure awin-win situation. Minutes -Planning Commission November 12, 2008 -Page 9 Director Stated the item should be continued to a date certain; staff would recommend the first meeting in December; if an additional discretionary action is necessary for notification or staff is not ready to bring the item back, it may be continued further. Commission It was the consensus of the Commission that the items would be continued to December 9, 2008, or continued further if deemed necessary by staff. None REGULAR BUSINESS Continued to 5. CODE AMENDMENT 08-004 (ORDINANCE 1360) December 9, 2008, Planning Commission On March 18, 2008, the City Council was provided with a staff meeting report that discussed the issues associated with the abatement of shopping carts. Staff provided the Council with the City ofi Westminster's policy on shopping carts. Council directed staff to implement a similar program. Based on that direction, staff prepared Code Amendment 08-004 to adopt new shopping cart regulations. RECOMMENDATION: That the Planning Commission continue this item to the December 9, 2008, Planning Commission meeting. Director Thompson It was moved by Murray, seconded by Kasalek, to continue the item to December 9, 2008. Motion carried 5-0. STAFF CONCERNS 6. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 4, 2008, CITY COUNCIL MEETING. Stated that there was nothing to report; it was a relatively short meeting. COMMISSION CONCERNS Congratulated Debbie Gavello, the newest member of the City Council. Thanked Lou Bone and Tony Kawashima for their long years of service to the community. Noted he was looking forward to the Thanksgiving Breakfast on November 20t" Minutes -Planning Commission November 12, 2008 -Page 10 Thompson continued Requested that staff provide a workshop that would allow the Commission to look in more detail at the whale massage parlor venue, including the application process and what has been learned from past applications and approvals. Asked for a staff presentation on The Legacy; with the economy being as difficult as it is, there are a lot of empty lots; he would be interested in understanding more about the entitlements and the Development Agreement(s) that are in place and to have a status update regarding the Legacy projects. Murray Offered his congratulations to all the new Council members and extended appreciation to those who are no longer on the Council Stated he will try to attend the Thanksgiving Breakfast, although he may have a conflict. Referred to an article in the Orange County Register about Old Town Tustin and one of the homes being used as a tour for CHOC Hospital's Home Tour; that is a nice statement regarding the preservation of Old Town. Asked that staff provide an update on The District. Kasalek Added her congratulations to the newly elected Council members; and, thanked the outgoing members who did an outstanding job. Mentioned that the Dino Dash was a huge success; even with the rain, there were more runners than ever before. Stated that she would be attending the Thanksgiving Breakfast; and, wished everyone a Happy Thanksgiving. Kozak Thanked staff for their hard work on this evening's agenda items, particularly regarding the massage establishment and the proposal for the ancillary building in Old Town. Congratulated Mayor Amante and Councilmembers-elect Nielsen and Gavello for their successful victories. Thanked Councilmembers Bone and Kawashima for their years of service; he had the honor and privilege of serving with them on the Planning Commission a number of years ago. Thanked the Gity for the opportunity to attend the Mayor's Prayer Breakfast; this is a wonderful event that benefits the Tustin Community Foundation. Minutes -Planning Commission November 12, 2Q08 - Paye 11 Kozak continued Wished everyone Happy Thanksgiving. Puckett Added his congratulations to the new Council members. Stated that Councilmembers Bone and Kawashima have done a gr-eat service for the City. Noted the Mayor's Thanksgiving Breakfast is sponsored by the Tustin Community Foundation and will be next Thursday at the Marconi Automotive Museum, 1300 Industrial Drive; Dwight Stones will be the speaker; the Foothill Madrigals will provide the music; this has always been a nice event; tickets are $50 and are still available. Wished everyone a Happy Thanksgiving. 8:44 p.m. ADJOURNMENT It was moved by Thompson, seconded by Kasalek, to adjourn. Motion carried 5-0. The next regular meeting of the Planning Commission is scheduled for Tuesday, December 9, 2008, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission November 12, 2008 -Page 12