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HomeMy WebLinkAboutPC Minutes 03-10-09MINUTES ~ REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 10, 2009 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, Assistant City Attorney Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Cari Meyer, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS Puckett Welcomed Joseph Boulger, a Boy Scout in the audience, who was in attendance to earn points toward his Communications merit badge. CONSENT CALENDAR Approved, with 1. APPROVAL OF MINUTES - FEBRUARY 24, 2009, one correction PLANNING COMMISSION MEETING. Thompson Asked that a correction be made at the top of page 3 to read "burn rate." It was moved by Murray, seconded by Thompson, to approve the Consent Calendar with that correction. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution 2. CONDITIONAL USE PERMIT 09-002 AND DESIGN REVIEW No. 4112 09-003 A REQUEST TO INSTALL TWO (2) PROJECTING SIGNS ON THE BUILDING AT 560 EL CAMINO REAL Minutes -Planning Commission March 10, 2009 -Page 1 (BEACH PIT BBQ). THIS PROJECT IS LOCATED IN THE CENTRAL COMMERCIAL, COMBINING PARKING (C-2-P), CULTURAL RESOURCES DISTRICT ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4112, recommending that the City Council approve Conditional Use Permit 09-002 and Design Review 09-003. Thompson Recused himself due to a conflict. 7:06 p.m. The Public Hearing opened. Meyer Presented the staff report. Murray Asked if any consideration had been given to the liability involved with the encroachment in terms of adverse weather conditions. Kendig Stated that one of the conditions of approval requires that the applicant tender an encroachment permit with the City; one of the standard terms of such a permit would be an indemnification. Meyer Added that the applicant is also required to have insurance. Murray Questioned whether the illumination would be too bright for the neighbors; and, asked for the timeframe for the lights being on. Meyer Indicated that the micro-accent lights are shown at 35 watts; for further information, the applicant was available to respond. Tim DeCinces, Stated it had been a pleasure to have the opportunity to work with applicant staff on this project; his customers had indicated that signs were needed to make the site easier to find; these signs are backlit and fit the period of the building. Murray Asked for clarification how long the lights would be turned on. Mr. DeCinces Indicated that he had not contemplated the length of time, but the signs are designed projecting inward so as not to disturb neighbors. 7:22 p.m. The Public Hearing closed. Kasalek Stated she liked applicant for bein nonprofit activities. the design and placement; and, thanked the g community-minded in sponsoring school and Minutes -Planning Commission March 10, 2009 -Page 2 Kozak Acknowledged that the work regarding the materials and colors are in keeping with the aesthetics of the building; the vintage appeal provided to the building and complimenting Old Town should represent a trend for other businesses to do likewise; having Leason Pomeroy involved was a definite plus. Thanked staff for the report; the photos were very interesting; he fully supports the plan. Murray Complimented the applicant on his extensive research; these signs should provide increased opportunities for other businesses to emulate the signs, keeping the historical theme; he also supports staffs recommendation. Puckett Pointed out that Leason Pomeroy was the architect of John Wayne Airport, so his involvement had to be a plus; Chair Puckett supports staff's recommendation. Kozak Added that this trend includes the blade signs approved for Prospect Village. It was moved by Kasalek, seconded by Kozak, to adopt Resolution No. 4112. Motion carried 4-0. Thompson Returned to the dais. REGULAR BUSINESS Authorized staff to 3. 2008 GENERAL PLAN ANNUAL REPORT forward to the City Council, with California State law requires each city to adopt a suggested comprehensive, long-term general plan for its physical changes development and any land outside its boundaries which bears a relationship to its planning activities. As a blueprint for the future, the plan contains policies and programs designed to provide decision makers with a basis for all land use related decisions. Government Code Section 65400 requires an annual report to the City Council on the status of the General Plan and progress in its implementation; its progress in meeting its share of regional housing needs; and, the degree to which the Plan complies with the state guidelines for adoption of a General Plan. Minutes -Planning Commission March 10, 2009 -Page 3 RECOMMENDATION: That the Planning Commission review and authorize staff to forward the Annual Report on the Status of the Tustin General Plan to the City Council for consideration. Willkom Presented the staff report. Thompson Asked what happens if the RHNA goals are not fulfilled. Willkom Answered that the City is required to provide programs and projects to meet the RHNA obligation; should the City not achieve a goal, there is no penalty; however, lawsuits or challenges from residents or other nonprofits could be the result of not providing programs or trying to reach the RHNA allocation. Thompson Asked if new targets are set if all the goals through 2014 are met. Willkom Replied that at the end of the planning period, 2014, a new allocation will be set for the City; at that time, the City will need to analyze vacant and underutilized land available for the development of residential units; in the future it may be more difficult to find available sites. Thompson Asked, under Item 5 on page 4 of the staff report, what amount of CDBG funds are allocated. Willkom Responded that the City has not been notified of the allocation for Fiscal Year 2009-10; under the current fiscal year, the City's allocation is approximately $757,000. Thompson Asked if those funds target the issues associated with RHNA and other objectives outlined in the report. Willkom Stated that the $757,000 is the total allocation the City received; 15 percent of the allocation can be allocated to nonprofits; the remaining could be used for public improvements targeting the low and moderate income areas. Thompson Suggested that perhaps staff could provide a general update at a future Planning Commission meeting regarding how the CDBG program allocations are determined. Kozak Asked for clarification regarding policy in terms of the Planning Commission reviewing and authorizing staff to forward the Annual Report on the status of the Tustin General Plan to the City Council Minutes -Planning Commission March 10, 2009 -Page 4 for consideration; in the first paragraph of the background section, it `' is indicated that the statues require the City to adopt a comprehensive long-term General Plan; it is not clear if this means the Planning Commission would recommend to the City Council. adoption of the Annual Report. Kendig Answered in the negative. Kasalek Asked why Goal No. 12 of the Land Use Element included mention of North Tustin. Willkom Explained that the North Tustin area is part of the City's Sphere of Influence; therefore, the City monitors activities and County policies involving the North Tustin area. Director Added that, if the City were to receive an application that were counter to this goal, this language would provide staff with some direction in providing comments on such a proposal. Kasalek Asked if builders have the right at any time to change a development such as Nevis Homes from sale to lease and if staff would have to adjust RHNA figures in the face of economic projections. .Willkom Replied that Nevis Homes was originally approved as a condominium project; due to the market, the developer converted the project into rental units; the City did not require a condition regarding such a conversion; the zoning would allow for the development of multiple family units such as those now being built at the site; none of the units were required to be set aside as affordable units; this conversion will not impact the RHNA requirements; the total units remain the same. Director Stated that, if the City had a contractual obligation with a developer or other kinds of entitlements that would require affordability covenants such as Coventry Court which is a for sale project and was approved as such and for which the developer received several concessions, such as a density bonus and a higher level of low and very low income units within that development; modification to the entitlements would be required. There are no covenant restrictions on The Cottages. Murray Referred to Circulation Element programs and suggested the recent restriping of streets might fit into this section. Willkom Indicated that staff would add that information. Minutes -Planning Commission March 10, 2009 -Page 5 Murray Stated that he recently attended a Water Board meeting; it seems feasible that the Conservation, Open Space, and Recreation Element could include information regarding the conservation of water. Director Agreed that water conservation is a significant issue for the City, County, and State; staff will be undertaking a water conservation ordinance that will be brought to the Planning Commission and the City Council; that would be listed on next year's Annual Report. Thompson Referred to the conservation of open space and the recreational element, Goal No. 7, the protection of natural plant and animal communities; and, questioned whether the bike trails are conducive to plants and animals. Pointed to Goal No. 11 and asked if water conservation measures have been implemented by the Water Department that could be included in the report. Questioned whether or not it would be appropriate to mention solar panel projects. Stated that the primary emphasis regarding noise levels seems associated with John Wayne Airport, yet the freeways are also a big contributor of noise, especially in the Old Town Area; the noise has not been adequately addressed in Old Town; the City should continue to be vigilant and consider sound walls, screens, etc. to reduce the noise. Referred to Goal No. 2 under Growth Management and the City's active role on regional planning bodies regarding policy making and implementation; perhaps this acknowledgement could be included. Willkom Indicated the off-street parking can be further explained as suggested by Commissioner Murray; stated that staff can contact the Water Department to determine whether or not there were any conservation programs or activities addressing water conservation and add information to the report if necessary; staff will also research solar panels; when developments are proposed through the design review and environmental review procedures, staff will consider the noise requirement; the City has a Noise Ordinance that limits internal and exterior noise and staff will consider additional programs or policies related to freeway noise, particularly in Old Town. Thompson Indicated that this also involves Caltrans, and he understands that it may be a sensitive issue. Minutes -Planning Commission March 10, 2009 -Page 6 Director Indicated the City has made considerable efforts in the past regarding sound walls; the Commission may collectively want to asked the City Council's consideration and further direction in that regard. Willkom Stated that staff will include in the report acknowledgement of the City's participation with OCTA and SCAG. Kozak Referred to Goal No. 2 on page 5 in the Land Use Element regarding the Historic Committee; and, suggested adding the word resources, thus changing the reference to Historic Resources Committee. Thanked staff for the comprehensive report that represents all the things going on in the community and reflects the quality of life in the community. Puckett Commended staff for the thorough report. It was moved by Thompson, with the qualifications that staff provided and consideration for modifying the Noise Element goals to include addressing freeway noise, to approve staff's recommendation. Motion seconded by Kozak. Motion carried 5-0. STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE MARCH 3, 2009, CITY COUNCIL MEETING. Director Indicated she had nothing on which to report but would answer any questions the Planning Commissioners may have. COMMISSION CONCERNS Thompson Stated that he was reappointed to the OCTA Citizens Advisory Committee for his third term. Wished everyone a Happy St. Patrick's Day. Kasalek Wished everyone a Happy St. Patrick's Day. Offered congratulations to the Teachers of the Year who were recently announced; Tustin is very lucky to have many outstanding teachers. Minutes -Planning Commission March 10, 2009 -Page 7 Kozak Added his congratulations to the teachers; and, remarked that the distinguished schools and teachers of Tustin Unified have been featured in articles in the Orange County Register recently. Stated that the Transportation Corridor Agencies recently announced the nature tours for the upcoming season; over 2,000 acres have been set aside for open space and wildlife preserves; members of the community have an opportunity to go on walking, hiking, and bird-watching tours; for the specific information and schedule go to www.thetollroads.com. Indicated that last week the Board of Supervisors awarded a construction contract of close to half a million dollars for the Tustin Ranch Trail and Greenway project which will be the extension of the Esplanade Trail to Warren Avenue in the unincorporated area; the project will consist of meandering decomposed granite trail, railroad theme signage and site furnishings, a bioswale system, and California native drought-tolerant plants for a total of 1.36 miles of continuous trail when complete. Noted that the LAFCO-SOI matter has been continued; Supervisor Campbell has met with the city leaders of Tustin and Orange; the hearing will be continued to March 11 ~'. Director Stated that the hearing will be continued to June 10th Kozak Congratulated Commissioner Thompson for his reappointment. Puckett Indicated that Dick Bray, the Superintendent of the Tustin Unified School District was awarded Superintendent of the Year honors from the several districts he supervises. Wished Joseph Boulger good luck regarding his merit badges; and, stated he would look forward to seeing his name in the paper in the future for his Eagle Scout Court of Honor. Stated the Tustin Community Foundation will be hosting a Pancake Breakfast before the Easter Egg Hunt coming up next month. Murray Indicated he had occasion to participate in the Read Across America event at Tustin Ranch Elementary School and chose to read Dr. Suess's Lorax; it was a wonderful experience watching the children and listening to them; Mayor Davert was present in an adjacent room also talking about Dr. Suess. Minutes -Planning Commission March 10, 2009 -Page 8 Murray continued Stated he attended the Water Advisory Committee (WACO) meeting addressing California's water crisis; it was very informative; State Senator Tom Harmon and Assemblyman Mike Duvall spoke; the indication was that Northern California and Southern California do not always agree; for example, there are no water meters in the cities of Sacramento, Stockton, and Fresno; AB 371 would set up reserves in the deltas, fix the levies, and build canals to store water; Orange County is one of the first to implement ground water replenishing which will help build up water in the reserves. Reminded everyone that the third annual Preservation Awards Banquet for the Tustin Conservancy takes place Monday, April 27; the nominations are due March 16. Asked that the meeting be closed in honor of Deputy Chief Ken Garner, LAPD, who died recently at the age of 53. 8:10 p.m. ADJOURNMENT In Honor of Deputy Chief Ken Garner Los Angeles Police Department The next regular meeting of the Planning Commission is scheduled for Tuesday, March 24, 2009, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. i ff Charles E. Puckett Chairperson r~~j~ Y Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission March 10, 2009 -Page 9