HomeMy WebLinkAbout01 PC Minutes 6-23-09ITEM #1
MINUTES
REGULAR MEETING
TUSTIN PLANNING COMMISSION
JUNE 23, 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 and Murray
Absent: Commissioner Thompson
Staff present Elizabeth A. Binsack, Community Development Director
David Kendig, Assistant City Attorney
Terry Lutz, Principal Engineer
Justina Willkom, Principal Planner
Scott Reekstin, Senior Planner
Amy Thomas, Senior Planner
Reina Kapadia, Associate Planner
Eloise Harris, Recording Secretary
None PUBLIC CONCERNS
CONSENT CALENDAR
Approved, with 1. APPROVAL OF MINUTES -JUNE 9, 2009, PLANNING
one minor COMMISSION MEETING.
correction
Murray Noted a correction on page 9 in his comment; the word "exists" should
be changed to "exits."
2. CERTIFICATE OF APPROPRIATENESS REPORT
REGARDING OLD TOWN PROJECTS APPROVED BY THE
COMMUNITY DEVELOPMENT DEPARTMENT FROM
DECEMBER 9, 2008, TO JUNE 23, 2009.
Kozak Noted for the record that the First Advent Church on Main Street is
listed in the staff report as the oldest continuously active Protestant
church in the County and the oldest church in Tustin, being built in
1881; the improvements look good.
Minutes -Planning Commission June 23, 2009 -Page 1
Puckett Added that he attended the 125t" anniversary celebration a few years
ago.
It was moved by Murray, seconded by Kozak, to approve the Consent
Calendar. Motion carried 4-0.
None PUBLIC HEARINGS
REGULAR BUSINESS
Adopted Resolution 3. DESIGN REVIEW 08-008 A REQUEST FOR SITE PLAN
No. 4119 APPROVAL FOR AN ABANDONED RESTAURANT
BUILDING TO BE REMODELED AND USED FOR A
PHYSICAL THERAPY OFFICE, INCLUDING ASSOCIATED
SITE IMPROVEMENTS, AT 365 WEST FIRST STREET.
THIS PROJECT IS LOCATED IN THE PLANNED
COMMUNITY COMMERCIAUBUSINESS ZONING
DISTRICT.
RECOMMENDATION:
That the Planning Commission adopt Resolution No. 4119
approving Design Review 09-008.
Kapadia Presented the staff report.
Director Added that the architecture will be similar but more enhanced than
what was approved for the Cathy's Kids architectural and site plan;
those entitlements expired; the applicant before the Commission this
evening or Temecula Valley Bank, the property owner, could not
proceed under those prior entitlements for the building itself nor the
site plan because that was a daycare facility; staff has a legal action
pending; the existing owner had no entitlement; staff is asking that the
building be brought into conformity; the First Street Specific Plan
requires the Planning Commission's approval of a site plan; the
document before the Commission is not a precise plan; staff believes
this plan may change; staff is expediting this application to remove a
nuisance condition at that location.
Murray Asked, based upon the Director's comments, what might happen if
the Planning Commission approves what is being presented tonight.
Director Stated that an approval would allow the applicant to submit into plan
check expeditiously; in the event that the applicant is unable to
purchase the property, the bank could take advantage of such an
approval and submit into plan check; either of the two parties may
proceed.
Minutes -Planning Commission June 23, 2009 -Page 2
Kozak Asked if he was correct in understanding from the language in the
report that this item will not be returning to the Planning Commission.
Director Replied that staff does not intend to bring the application back.
Kozak Thanked staff and the applicants for working together to bring this
conceptual plan before the Commission; this looks to be a major
improvement; he understands the desire to expedite the application;
because this is only a conceptual plan the Commission is being asked
to approve, he would have several questions before voting on the
project.
Referred to the parapet and roof-mounted equipment, stating the
parapet does not appear to be shielding the equipment on all sides.
Kapadia Indicated that was correct and that is why Condition 3.3 was included.
Kozak Stated that Condition 3.3 refers to six inches below the top; the
drawing shows the air conditioning units popping above the parapet,
and the parapet does not surround all four sides of the building; if one
looks at the site from the apartment homes, exposed conduit, duct
work, and old metal are visible; this is an eyesore; the Planning
Commission also should consider that the wood at the front of the
building is falling apart and needs to be removed and replaced.
Director Indicated that staff met with the applicant, his architect, and contractor
earlier today and spent time speaking specifically to that issue so that
it would be clear to everyone what effective screening means; this will
be a costly item for the applicant, but it is important due to issues in
the past; the applicant has a good understanding of staffs
expectations.
Kozak Stated that sort of clarification was what he was seeking; he does
want the project to move ahead; direction should be provided to staff
at this meeting in order to accomplish that.
Director Indicated that staff will ensure there are line-of-sight perspectives at
the time of plan check.
Kozak Added that he noticed the walls of the building are cinder block; the
staff report indicated stucco and also a reference to plaster; he would
like to know what the surface will look like.
Kapadia Replied that cinder block was what was currently shown on the plans
for three of the elevations; the front facade is to be a plaster finish.
Minutes -Planning Commission June 23, 2009 -Page 3
Kozak Asked that the trash enclosure be covered over the top, the
landscaping palette be enhanced, and the type of signage be
indicated.
Kapadia Answered that the signage is to be determined; staff has not reviewed
any signage proposals at this time.
Kozak Stated, as long as the signage is in keeping with the architecture and
the surrounding area and in good taste, that decision can be left to
staff.
Referred to two electrical conduits, one no longer active but the other
has the wiring going into it; the parapet would have to be raised
approximately four feet to hide that structure; perhaps the electrical
can be redirected and attached to the building; it is not his intention to
impose undue hardship on the applicant; however, if those two metal
conduits are not moved, the electrical will be exposed.
Questioned whether the materials to be used on the front elevation
include stucco with black tiles on the roof.
Kapadia Replied that the flat concrete tiles on the roof will be a Walnut Creek
blend, a dark brown color.
Kozak Asked for further clarification of what the arcade will look like and
whether it will be compatible with recently approved projects.
Puckett Invited the applicant to the lectern.
Murray Added that he was concerned that the architecture be consistent with
the theme of Villa Viento and also with the air-conditioning units being
visible from the street.
Bill Mason, WMA Provided the following responses to the Commissioners' concerns:
Architects, 3276
Dakota Avenue, The parapets will be raised to properly screen the air-
Costa Mesa, the conditioning units.
architect
for the proposed Plastering the walls was a financial matter; the entry facade is
tenant to be plastered; the plan for the existing steel columns is to
bury structural elements within a plaster column system, which
would be tiered plaster with trim at the middle and bottom; the
fascia of the existing facade would be removed, the beams run
through the arcade and exposed at the end; if problems arise
when the fascia is removed, the rafter would be buried inside
the plaster walls with no exposed rafter tails; the plaster down
the side of the building would be 15-20 feet down on the west
elevation; on the east side it would be returned around the
Minutes -Planning Commission June 23, 2009 -Page 4
corner of the building 3-5 feet; painting the block to match the
plaster would be less obtrusive; this will be discussed with
staff.
• Since no one will see the rear of the building, the block will be
painted to match the rest of the building.
• The detail for the trash enclosure had not included a roof over
the the enclosure; that issue can also be discussed with staff.
• The landscaping shown on the proposed plan fulfills the City's
requirement and will be significantly more than now exists on
the site.
Kozak Asked if the south and east elevations are proposing new
landscaping.
Mr. Mason Answered in the affirmative.
Kozak Suggested that adding more trees or moving the existing trees to the
front would give the building a more welcoming appearance.
Asked if there will be open space between each of the columns.
Mr. Mason Answered in the affirmative; and, added that there will be light
sconces on the inside of the arcade.
Stated that no decision has been made regarding signage.
Indicated the electrical feeds on the west side are proposed to be
lowered to parapet height.
Noted the proposal is for a flat concrete the roof in a brown tone.
Thanked staff for their help regarding the design issues.
Kozak Thanked the architect for responding to each of the topics that he
mentioned, some of which were echoed by other members of the
Commission.
Asked if, after the discussion, it would be important to make these part
of the motion or provide direction to work with the developer to
address these issues.
Director Answered that if the Commission felt the conditions provided in the
resolution were inadequate to address those concerns, the resolution
should be modified.
Minutes -Planning Commission June 23, 2009 -Page 5
Kozak Responded that he felt the conditions were in keeping with other
projects and conditions of approval; he felt there was a disconnect
between the renderings and the conditions of approval; that was his
reason for going through the exercise.
Director Indicated that the Planning Commission typically receives a more
finished elevation package than the one provided this evening; staff
shares some of the Commission's concerns; staff and the architect
understand what Commissioner Kozak was trying to convey regarding
what the final product should be.
Kozak Thanked staff for that response.
Murray Asked if any primary applications are pending.
Director Answered in the negative.
Murray Reiterated his concerns regarding the gas station and also that the
structure be consistent with Villa Viento; and, moved approval of the
application, seconded by Kozak.
Willkom Noted that a revised Condition 1.3 was provided at the dais changing
the timeframe from 30 days to 60 days and from 60 days to 120 days
to submit for plan check.
Kozak Suggested that the maker of the motion add a request that staff
address comments by the Commission.
Murray assented.
Kasaleck Concurred with the suggestions of the other Commissioners; and,
congratulated and welcomed the applicants to Tustin.
Kozak Added his welcome to the applicants.
Murray Asked if the property owner was in attendance.
Director Noted that Temecula Valley Bank was not represented at the meeting
this evening; the properly went into receivership and went back to the
bank; if the transaction does go forward, the bank will make these
improvements; since the applicant and architect are in attendance and
the bank is not, it will be incumbent upon the bank to make the
improvements.
Puckett Noted his concurrence with the above comments; and, added this
project will be a welcome addition that will eliminate an eyesore that
has existed on the site for quite some time.
Minutes -Planning Commission June 23, 2009 -Page 6
Motion carried 4-0.
Approved 4. COMMENDATION NOMINATION - 350 MYRTLE AVENUE
RECOMMENDATION:
That the Planning Commission approve the nomination of 350
Myrtle Avenue to the City's Commendation Program.
Reekstin Presented the staff report.
Kozak Asked that staff respond to Commission Thompson's request at an
earlier meeting that a strong historic linkage regarding a building
origins be maintained in the naming of the property.
Reekstin Indicated that a report regarding the criteria for naming the property
will be brought back to the Planning Commission; staff chose to wait
until Commissioner Thompson could be in attendance.
Murray Complimented Brent Ferdig and Lucy Burch for both nominating this
property; and, stated that when he visited the property he was
pleased to see that drought-resistant plants have been used in the
landscaping.
Kozak Concurred that the landscaping is beautiful and the attention to water
conservation is evident.
Kasalek Agreed with the other Commissioners; this structure provides a nice
look coming from Santa Ana.
It moved by Kozak, seconded by Kasalek, to approve the nomination.
Motion carried 4-0.
STAFF CONCERNS
5. REPORT OF ACTIONS TAKEN AT THE JUNE 16, 2009,
CITY COUNCIL MEETING.
Director reported The City Council held a public hearing for the revisions to the City's
Housing Element; staff understands that certification will be received
from the State; many thanks to Community Development and
Redevelopment Agency staff who worked very hard to respond to the
demands of the State; staff will share a copy of the certification with
the Commission when it is received.
The City Council adopted a City budget, pared somewhat; all of the
City's managers are closely watching developments at the State level
and the various impacts that will be felt in Tustin.
Minutes -Planning Commission June 23, 2009 -Page 7
COMMISSION CONCERNS
Murray Stated that 140 C Street is overgrown; the gas station adjacent to the
property on tonight's agenda looks abandoned and is in disrepair;
perhaps Code Enforcement could check on those two sites.
Director Answered that it is staffs understanding that the gas station has been
closed for about six months; City staff has opened a Code
Enforcement case on that site.
Murray Asked for the status of the new restaurant opening on Red Hill near
the freeway and whether or not aribbon-cutting has been announced.
Director Indicated that staff has no information on the ribbon-cutting but
believes the project is moving forward.
Murray Noted that Mayor Davert did a fine job with the State of the City.
Stated that he worked with Marilyn Esposito at the Chili Cook-off
judging hot legs; kudos to Tustin service groups who were involved in
the success of the Cook-Off.
Reminded everyone that Concerts in the Park begin tomorrow
evening at 6:00 p.m.
Thanked Adrian Morton and the American legion for the retirement of
the flags, which made the front page of The Register.
Offered congratulations to new Orange County Fire Authority Chief
Keith Richter.
Stated it is hard to realize Lou Bone will no longer be a part of the
City; and, added that he had breakfast with former Mayor Bone over
the weekend: ex-Mayor Bone asked him to give everyone at the
Planning Commission meeting his best wishes.
Reminded everyone that school is out, so we should be vigilant and
slow down to watch out for the children.
Noted he attended the Tustin Police Department Open House last
Saturday; Chief Jordan and his staff did a great job, and the event
was well attended.
Stated that the Tustin Chamber has a gala event this Friday evening.
Referred to the article in The Register June 20th stating home sales
are up in Tustin, which he hopes is a sign of the economy improving.
Minutes -Planning Commission June 23, 2009 -Page 8
Kasalek Stated that she attended the Tustin Conservancy Tea and Tour and
was fortunate to have former Planning Commissioner Linda Jennings,
who knows everything about the area, as her tour guide; the tea was
held at the Wilcox Manor in the beautiful garden.
Indicated she expects to see everyone at the Concerts in the Park
with dancing shoes on ready to perform an Irish jig.
Offered congratulations to the Peppertree homeowners who have
been participating in the replanting of the corner areas on Walnut.
Wished everyone a Happy Fourth of July; and, reminded everyone of
the fireworks at Tustin High School and the parade earlier in the day
in Tustin Meadows; it is always nice to see Tustin dignitaries riding in
the parade.
Kozak Refrained from repeating the events he attended that were mentioned
by other Commissioners.
Reminded everyone that the Tustin Police Department is accepting
applications for their 26th Citizens Academy beginning in August; and,
encouraged folks to go to the website and fill out an application.
Noted that the Econo Lube `N Tune on First is also a blight and should
be investigated by Code Enforcement.
Offered congratulations to staff for the letter of certification regarding
the Housing Element.
Puckett Wished everyone a belated Happy Father's Day.
Congratulated everyone who came out for the Peppertree
beautification project in which he also participated; those four corners
are looking very nice; it is good to see homeowners take that initiative;
Mary Sando was the organizer of the volunteer organization.
Stated that this Thursday there will be celebration for the recognition
of the 20th anniversary of the Tustin Public Schools Foundation with a
dinner at Linda Jennings' home where current and former Board
members will be recognized; he served on the first Board 20 years
ago with the "Imagine a Million" campaign; it is amazing to see how
far the Foundation has come in 20 years; Linda Jennings was the first
Chairman of the Board and is to be congratulated.
Noted the Fourth of July celebration will be a big event.
Minutes -Planning Commission June 23, 2009 -Page 9
Puckett continued Stated that he and his wife had dinner at the Pineapple Hill Grill with
Lou and Carol Bone and several former mayors of Tustin during
which the Bones were given a proper send-off.
8:00 p.m. ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled
for Tuesday, July 14, 2009, at 7:00 p.m. in the City Council Chamber
at 300 Centennial Way.
Minutes -Planning Commission June 23, 2009 -Page 10