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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