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HomeMy WebLinkAbout01 PC Minutes 12-09-08ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 9, 2008 7:00 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 Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES - NOVEMBER 12, 2008, PLANNING COMMISSION MEETING. 2. APPROVAL OF CERTIFICATE OF APPROPRIATENESS REPORT REGARDING AN OLD TOWN PROJECT APPROVED BY THE COMMUNITY DEVELOPMENT DEPARTMENT FROM OCTOBER 14, 2008, TO DECEMBER 9, 2008. It was moved by Thompson, seconded by Kasalek, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 3. CONTINUED CONDITIONAL USE PERMIT 08-015, No. 4105, as DESIGN REVIEW 08-008 (CONTINUED ITEMS), AND amended VARIANCE 08-001 (NEW ITEM) A REQUEST FOR AUTHORIZATION FOR A NEW TWO-STORY DETACHED ACCESSORY BUILDING TO BE USED AS A GUEST Minutes -Planning Commission December 9, 2008 -Page 1 HOUSE AND GARAGE AND GRANTING OF A VARIANCE TO EXCEED THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING. 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 revised Resolution No. 4105, approving Conditional Use Permit (CUP) 08-015 and Design Review (DR) 08-008 authorizing the construction of an accessory building to be used as a guest room and new two-car garage located at 445 W. Second Street subject to specific design changes to be reviewed and approved by the Community Development Department, and denying Variance 08-001 to exceed the maximum permitted height of 20 feet for an accessory building. 7:05 p.m. The Public Hearing opened. Willkom Presented the staff report. Thompson Asked for clarification of the existing roof pitch. Willkom Responded that the pitch is 8 to 12. Thompson Referred to the plan which shows adrop-off, a feature the existing house does not seem to have. Willkom Replied that the dropped roofline would be to accommodate the enclosed staircase. Thompson Suggested that more articulation is necessary to match the articulation of the main structure. Willkom Indicated that there are several ways of achieving a similar roof pitch to the existing main house; staff believes the required level of articulation has not been achieved yet. Thompson Stated that the consistent theme seems to be too much massing; the comparison with the Design Guidelines with what the applicant proposed was helpful; it would be useful to know the range of acceptable massing of the structure. Minutes -Planning Commission December 9, 2008 -Page 2 Willkom Indicated that the Tustin City Code does not specify what would be appropriate for an accessory structure; the Code specifies that an accessory structure must be subordinate and incidental to the main building; a larger structure than the existing one would depart from what is intended in the Code. Director Stated that the Code does not dictate an absolute square footage; if the applicant's architect were to be able to accommodate articulation and a pitch consistent with the main structure, the square footage would be reduced to create an ancillary or incidental situation and would resolve many of the issues; as an example, many Old Town lots qualify for second residential units or granny flats; the lot size must be 12,000 square feet; in those instances, a second unit could only be 1200 square feet; the present instance is a smaller lot with an ancillary structure that is larger than the main house and larger than what would be permitted on a larger lot. Murray Stated that his concerns are similar to Commissioner Thompson's; and, asked if this design were to be approved, whether or not a Certificate of Appropriateness would be approved. Director Replied that is another issue: the Certificate of Appropriateness is not issued until a Building Permit is issued; that is why the criteria for the consideration were brought to the Planning Commission. Kasalek Asked how much of a reduction in the square footage would be required to achieve a steeper pitch to the roof. Director Stated that an architect would need to make that calculation. Kozak Thanked staff and the applicant for bringing back the exterior improvements such as scaled shingles, enclosed staircase, relocation of the guest room door and second story window; however, some of the key elements remain unresolved; the staff report references a reduction in the massing of the building that would accomplish the improvements the Planning Commission is looking for without requiring a Variance; it is important to recognize that the main house may be 1614 square feet of livable space while the proposed two-story ancillary building would be 952 square feet per floor; the proportion of the building and the exterior elevation show few changes in the articulation to make it look more like the main building; the question is how to reduce the proportions of the building to achieve the design goals. Willkom Responded that there are several options to achieve the design Minutes -Planning Commission December 9, 2008 -Page 3 goals, such as the ground floor garage space being modified to incorporate a portion of the guest area on the ground floor, thus allowing for a steeper pitched roof on the second floor and allowing the applicant to reach the desired square footage of the guest room living space. Director Added that all of the elevations could include steeper pitched roofs, even if not identical; dormers could be incorporated into some of the pitches, which areas would be usable as window seats and similar things that are often seen in older homes and are complementary to that type of architecture. Puckett Invited the applicant to the lectern. Michael Ferguson Stated that the home is an 1885 Queen Anne Victorian home with applicant abasement; there are two bedrooms on the first floor with a full bath; the second floor has two full bedrooms and a full bathroom; the ground floor is approximately 1400-1500 square feet; the second floor is more than 800 square feet; adding those two together makes 2400 square feet of living space in the home, not 1600; it is not easy to see the roof pitches on the drawings; the rooflines presented match the main structure, which is a combination of 6-12 and 8-12 pitch roof; the back of the house is 6-12; there is a flat piece that comes off an upper dormer that is an identical match; the proposed structure looks larger than the main structure because it is square cornered and has a taller ceiling in the upper floor; he does not want to build a small shack but something that he can use; he will not build a 400 square foot garage; he will use the extra space on the ground floor for storage; the Certificate of Appropriateness is up to the Planning Commission. Thompson Asked staff for clarification regarding the discrepancy in the square footage of the house. Willkom Indicated that the 1600 square foot number was in the City records. Mr. Ferguson Stated the 1600 square feet referred only to the ground floor; and, pointed out various pitches on the PowerPoint slide. Thompson Referred to the Director's mention of the 10 percent rule regarding a 12,000 square foot lot and an ancillary structure on that size lot being limited to 1200 square feet; this does not mean that building a larger structure on a smaller lot would be allowed. Minutes -Planning Commission December 9, 2008 -Page 4 Mr. Ferguson Stated he is not familiar with the 10 percent rule; he relied on the Design Guidelines; what he is proposing is within those guidelines; there is also the difference between R-1 and R-2 zoning. Thompson Indicated he did not believe the 12,000 square foot size makes a property R-2. Mr. Ferguson Noted this property formerly had another structure in the back which he demolished due to the termite infestation. Thompson Stated that the staff report suggests that full compliance would restrict the square footage on the second story and cause a reduction in the massing. Mr. Ferguson Responded that would not be a second story but an attic. Thompson Asked what the better alternative would be: 1) to comply with the Guidelines which causes the second-story massing to diminish, or 2) to get a Variance that allows a higher structure and a roofline that works but does not reduce the massing. Mr. Ferguson Stated that he believes he has submitted a sound proposal that meets all the guidelines and criteria required by the City. Kozak Asked for the proposed height of the living space in the ancillary structure. Mr. Ferguson Replied the ceiling is proposed to be eight feet high. Kozak Stated he was having difficulty understanding the dimensions of the roof at the north and south elevations. Mr. Ferguson Answered that the elevations would be similar to the main house. Referred to his responses to the Variance permit regarding the special circumstances and privileges contained in the staff report; he disagrees that this would set a precedent; he has the only Queen Anne house on the neighborhood; all the other homes are 1940s and would not want this type of roofline. Commented that Condition 3.2 should be deleted. Condition 3.5 refers to a three-foot landscaped area; he has afive-foot culvert immediately off his property; adding three feet of landscaping would be unreasonable and should not be required. Minutes -Planning Commission December 9, 2008 -Page 5 Mr. Ferguson Stated he is not willing to make any further design changes. Director Noted that the 1614 square foot number for the existing structure was taken from the applicant's submitted plans; staff would need to do a calculation of the lot coverage to determine if the existing and proposed structures were over lot coverage. Puckett Invited others to speak. Linda Jennings, Stated that she was speaking for herself and not representing any 350 South B Street group or organization; she complimented the applicant for the articulation and other additions to the new plan; she still sees a problem with the massing of the proposed structure, in particular the massing of the building in relationship to the Victorian house; the claim that the structure will not be visible due to mature landscaping is invalid since there is no guarantee that large trees will not come down; the document she submitted to the Planning Commissioners and staff this evening was not a letter but a copy of the Secretary of Interior Standards for Historic Structures, which are standards generally accepted by the historic community when looking at rehabilitation, restoration, preservation, or reconstruction of any historic structure; No. 9 states "the new work shall be differentiated from the old and will be compatible with historic materials, features, size, scale, proportion, and massing to protect the integrity of the property and the environment"; this is very important and should be considered as staff pointed out; the Commission should deny the Variance and send the application back to staff for further design changes to meet the standards of the historic district, particularly considering the building's proportion, how it fits with the existing structure, how it fits with the other structures in the historic district, and a precedent being set if all the aspects of the proposal are approved. Llyn Smith, 540 Stated that she lives in an 1885 Queen Anne cottage with a West 3rd Street sweeping curved roof; she appreciates Mr. Ferguson's efforts to attempt to add garage; her house came with a garage built by a previous owner, a 1960 one-story; a Queen Anne appears to be delicate and light; her garage is squat; the massing of the proposed garage and guest quarters is a major concern; it will look like a big box sitting on the lot; the enormous appearance would subsume the Victorian structure; more than the roof pitch and the articulation, she would request that the design and volume of the structure be constructed in a more compatible way and the Variance be denied. Minutes -Planning Commission December 9, 2008 -Page 6 Terry Tull, Stated he lives just around the corner from Mr. Ferguson; he sees 165 South Pacific no problem with the design except for the flat area at the roofline; Street one of his neighbors just built a large addition at the back of the house; he does not object to the size of this proposal; it seems that Mr. Ferguson is being penalized for the extra square footage proposed; he has no problem with the proposed Variance to add height.; however, there may be a problem with the yard disappearing. 8:25 p.m. The Public Hearing closed. Thompson Stated it is commendable to see some of the articulation and the additional effort of enclosing the stairwell, adding the fish scale treatments, etc.; it should be clear for the record what the correct square footage calculation should be; the error was in the plans, not in the staff report; the issue seems to be full compliance of the Code; there should be flexible guidelines that respect property size, setback from properties, etc.; it was suggested at the last meeting that a higher structure would address all of the problems, including massing; when there is a 28 foot deep structure and a roof that must cover it, geometry requires a certain roof height; the objective was not to permit a higher structure; it is not the desire of the Commission to drag out the process; he is prepared to go either way: 1) follow the Guidelines, which restrict the massing, and provide the appropriate coverage that everyone must live under, or 2) support a higher structure to address all the issues; it is his suggestion to approve the resolution and wait for a proposal that addresses the massing and higher roofline; Condition 3.5 should be modified regarding the three feet of landscaping; the applicant's situation with the drainage culvert is unique; the applicant's proposal conflicts with other Guidelines; it is not right that a special privilege be granted. Murray Thanked the applicant and staff; he still has concerns and would prefer to move this project forward at this time; there needs to be some sort of agreement to meet the applicant's needs while staying within the standards. Kasalek Stated her major concern was the flat, boxy look of the walls; this design does not fit with the character of the house; this is more than a garage; it is housing; the setting of a precedent is also a concem; a better design is necessary; she would prefer to go with staff recommendation denying the Variance. Kozak Indicated he appreciated the work the applicant had done in coming back with external improvements and enhancements to Minutes -Planning Commission December 9, 2008 -Page 7 the design; he is committed to Old Town Guidelines and realizes the applicant has been sensitive to those Guidelines; the massing and scale remain the issues; the footprint of that building has not changed and that is the variable to consider; a height Variance does not accomplish the goal. Puckett Reiterated that it has taken the applicant 25 years to get back to the Planning Commission; he should not be further delayed; the project looks good and is well hidden, the staircase was incorporated, etc.; the Planning Commission should approve staff's recommendation to get the project moving forward; he would also favor the Variance but, in an effort to move the project forward, would be inclined to follow staff's recommendation. Thompson Added that the prior application had issues with the roofline and was not an approved project; he wants to be sure he understands that distinction and the plan still needs modification to the roofline, which would restrict the massing. Director Answered that was correct; the prior application included a resolution similar to Condition 3.2 that required modification at plancheck. Thompson Suggested that will solve the massing; and, moved approval of Resolution No. 4105 with the modification of Condition 3.5. Director Indicated that condition is a Code requirement for all properties in the City to prevent individuals from concreting front yards; properties without the three-foot landscaping were given a certain amount of time to become compliant; staff can check into the easement but would like the condition to remain. Thompson Asked if something could be added to include an evaluation of the drainage easement. Director Answered in the affirmative. It was moved by Thompson, seconded by Kozak, to adopt Resolution No. 4105, as modified. Motion carried 5-0. Mr. Ferguson Asked for clarification regarding the approval. Director Stated that the applicant should understand that the project was approved, but the Variance was denied; the project was approved subject to the plans being modified again. Minutes -Planning Commission December 9, 2008 -Page 8 Puckett Encouraged the applicant to work with staff to move the project forward. Continued to 4. CONTINUED CODE AMENDMENT 08-004 (ORDINANCE January 13, 2009, 1360) Planning Commission meeting On March 18, 2008, the City Council was provided with a staff report that discussed the issues associated with the abatement of shopping carts. Staff provided the Council with the City of 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 January 13, 2009, Planning Commission meeting. Puckett Asked if there was anyone is attendance who wished to present testimony. It was moved by Kozak, seconded by Kasalek, to continue this item to the January 23, 2009, Planning Commission meeting. None REGULAR BUSINESS STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 18 AND DECEMBER 2, 2008, CITY COUNCIL MEETINGS. Director reported The City Council considered the revocation of the conditional use permit for Roderick's; the Planning Commission's recommendation was upheld. The City Council considered another Mills Act within the Old Town area at 520 West Main Street. The City Council approved letters regarding SB 375 and AB 32, the sustainable communities strategy and greenhouse gas Bills; one letter identified concerns regarding those bills and another letter requested deferral of the bills for two years. Minutes -Planning Commission December 9, 2008 -Page 9 Director continued City staff has been attending various workshops presented by SCAG; staff will be providing a presentation for the Planning Commission and the City Council. Former Planning Commission Chair John Nielsen was selected as the City's representative to fill the District 17 seat on SCAG, replacing Lou Bone who served in that capacity and who has been termed out of the city Council. Doug Davert was appointed Mayor and Jerry Amante Mayor Pro Tem. COMMISSION CONCERNS Thompson Offered congratulations to Councilmembers Amante, Nielsen, and Gavello regarding their certifications to the City Council and to Mayor Davert and Mayor Pro Tem Amante. Shared that at the November OCTA Citizens Advisory Committee meeting there was a lot of discussion regarding rails, station expansion, quiet zones, etc., all very good things that are being planned; a looming issue in the discussion was the current financial crisis, which will impact governmental agencies that rely on sales tax dollars; OCTA is run in a healthy manner and is taking proactive action with trims and cutbacks. Stated that the November 20~' Mayor's Breakfast was enjoyable; Dwight Stones presented an inspirational pep talk from a sports perspective that applies to everyone. Noted that the Christmas Tree Lighting ceremony on December 5 and continuation to Old Town was a wonderful way to connect the two events; the lighting in Old Town looks terrific and made the walk over from City Hall fun and festive. Indicated he continues to attend the Building Industry Association leadership class; he was proud to see Councilmember Palmer make a presentation at the Village of Hope, focusing on philanthropy and the role of leadership; this was a very complimentary presentation and inspirational to the degree that a homegrown project, Teen House, a home for emancipated foster care women, has been created; studies have shown that girls in foster care often end up with nowhere to go when they turn 18; he's proud to be a part of that endeavor. Minutes -Planning Commission December 9, 2008 -Page 10 Murray Stated that Tustin Cops set up a Thanksgiving table; it is always nice to see the Police Association generate funds and offerings to those needy families on Thanksgiving Day at the Tustin Youth Center; they are to be complimented. Indicated he attended the swearing in of the new City Council; and, congratulated past-Chair Nielsen, Jerry Amante, and Ms. Gavello. Extended his thanks to Lou Bone and Tony Kawashima for their distinguished service to the City; they did outstanding work, are very much appreciated, and will be missed. Stated that the Tree Lighting and Metrotrain arrival of Santa was wonderful and a tribute to former Councilman Lou Bone who was a strong advocate of the program. Noted he will be attending the Water District meeting this Friday; water will become more and more an important part of things that the Planning Commission must consider, and he will make every effort to become actively involved. Wished Happy Holidays to his fellow Commissioners. Thanked staff for all their hard work this year; and, stated he looks forward to a great new year. Thanked the Tustin Chamber of Commerce for all the work they do and the great partnerships that the Planning Commission participates in, such as ribbon-cutting ceremonies, etc. Kasalek Stated that she very much enjoyed Dwight Stones' speech at the Mayor's Prayer Breakfast. Wished everyone a Merry Christmas. Indicated that she does volunteer work with foster children and was happy to hear Commissioner Thompson speak about Teen House for which there has been a great need. Kozak Congratulated Mayor Davert and Mayor Pro Tem Amante. Stated he was pleased to witness the oath of office taken by Nielsen, Gavello, and Amante; it was heartwarming to see the many presentations to former Councilmembers Bone and Kawashima after their many years of service; Supervisor Campbell had many good words to say about both; there are only good Minutes -Planning Commission December 9, 2008 -Page 11 words to say what Lou Bone and Tony Kawashima have done for their community; it was also nice to see the many former mayors in the audience. Indicated he enjoyed the Prayer Breakfast and Dwight Stones and also the Christmas Tree Lighting and appearance of Santa. Wished everyone a Merry Christmas and Happy New Year, which perhaps may be filled with challenges, but we can all work together to make things better. Puckett Stated this has been a wonderful year with a great group of Planning Commissioners with whom it is a pleasure to serve. Indicated he was out of town the past ten days babysitting his grandchildren in Sacramento; hence, he missed the installation, the tree lighting, etc.; he will make every effort to attend any other events planned between now and Christmas. Thanked former Councilmembers Bone and Kawashima for all the service they have given the City for the past 10 years. Stated the Tustin Police Department is in the process of taking the Santa Sleigh to all the neighborhoods; it came to Peppertree this evening, and it was wonderful to see how excited the children were; George Vallevieni is to be commended for his work in organizing the event; the Tustin Community Foundation provided the funds 10 years ago to begin the event. Congratulated new Councilmembers Nielsen and Gavello and also Mayor Davert and Mayor Pro Tem Amante. Noted that the Prayer Breakfast was very well attended and a wonderful event; everyone can now look forward to the Mayor's Inaugural Dinner in early February. Expressed his thanks for the fine job the Commissioners have done with the reinstituted Invocation(s) at the beginning of the meetings. Wished everyone a Merry Christmas. Stated that he wished to adjourn the meeting in honor of Sal Huizar, husband of the City's Deputy City Clerk. Minutes -Planning Commission December 9, 2008 -Page 12 9:00 p.m. ADJOURNMENT In Memory of Sal Huizar Husband of Deputy City Clerk Maria Huizar and Father of Natalia The next regular meeting of the Planning Commission is scheduled for Tuesday, January 13, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission December 9, 2008 -Page 13