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Home My WebLink AboutPC Minutes 12-08-09MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION DECEMBER 8, 2009 7:00 p.m. CALL TO ORDER Given INVOCATION/ PLEDGE OF ALLEGIANCE ROLL CALL: Present: Chair Kozak Chair Pro Tem Murray Commissioners Kasalek, Puckett, and Thompson Staff present Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director David Kendig, Assistant City Attorney Lieutenant Paul Garaven, Tustin Police Department Doug Stack, Acting Public Works Director Doug Anderson, Transportation/Dev. Services Manager Dana Kasdan, Engineering Services Manager Terry Lutz, Principal Engineer Eric Johnson, Associate Engineer Jerry Craig, Redevelopment Program Manager Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Reina Kapadia, Associate Planner Eloise Harris, Recording Secretary Given PRESENTATION: PUBLIC WORKS STATUS REPORT ON THE TUSTIN METROLINK STATION PARKING STRUCTURE None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES -NOVEMBER 10, 2009, PLANNING COMMISSION MEETING. Motion: It was moved by Murray, seconded by Thompson, to approve the Consent Calendar. Motion carried 5-0. Minutes -Planning Commission December 8, 2009 -Page 1 PUBLIC HEARINGS Adopted Resolution No. 2. CONDITIONAL USE PERMIT 09-027 A REQUEST 4135, as amended FOR AUTHORIZATION TO ESTABLISH AND OPERATE A DAY SPA WITH MASSAGE SERVICES LOCATED AT 2833 PARK AVENUE IN THE DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4135 approving Conditional Use Permit 09-027. Planning Commission discussion ensued. Chair Kozak invited the applicant to the lectern. Greg Sieger spoke on behalf of Massage Envy. The Public Hearing opened at 7:33 p.m. Mr. Sieger answered questions from the Commission. The Public Hearing closed at 7:41 p.m. The Commissioners stated their concerns. The Public Hearing was reopened at 7:52 p.m. Mr. Sieger provided responses to the Commissioners' concerns. The Director noted that the City thoroughly researched the proposed operating establishment; these establishments have professional records in other communities wherein they operate. After further discussion, the Commission requested the following amendment's to the conditions of approval: • Add language to I.D after received (in the first line) "from the public or neighboring jurisdictions." • Add No. 6: "Massage Envy is a nationwide franchise business with multiple locations throughout Orange County including establishments in cities adjacent to Tustin." Minutes -Planning Commission December 8, 2009 -Page 2 Change "overtime" to "over time" in Condition 2.7. Add language to Condition 2.19 "...shall be present in any room with `a patron' unless the `patron's...". Add to Condition 2.21 in the last line "communicate effectively `in English' with City regulatory officials." The Public Hearing closed at 8:00 p.m. Motion: It was moved by Puckett, seconded by Kasalek, to adopt Resolution No. 4135, as amended. Motion carried 5-0. Continued to January 3. CONDITIONAL USE PERMIT 09-024, DESIGN 26, 2010, Planning REVIEW 09-024, AMENDMENT TO FINAL TRACT Commission meeting MAP 16581, AND AMENDMENT TO CONCEPT PLAN 03-003 A REQUEST TO DEVELOP 240 SENIOR APARTMENT HOMES (AGE- RESTRICTED FOR PERSONS 55 YEARS OR OLDER FOR RENTAL TENURE) WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, INCLUDING 153 AFFORDABLE UNITS, RECREATION CENTER, AND ASSOCIATED SITE AND INFRASTRUCTURE IMPROVEMENTS AT LOT 265 OF TRACT 16581, ALSO REFERRED TO AS COVENTRY COURT IN COLUMBUS SQUARE AT TUSTIN LEGACY. RECOMMENDATION: That the Planning Commission: a. Adopt Resolution No. 4134 recommending approval to the City Council of Conditional Use Permit 09-024 Design Review 09-024 authorizing the development of 240 senior rental apartment homes (age restricted for persons 55 years or older) including 153 affordable units, with a parking standard of 1.7 spaces per unit, recreation center, and associated infrastructure and site improvements at Coventry Court at Columbus Square (Lot 265 of Tract 16581); b. Adopt Resolution No. 4136 recommending approval to the City Council of amendment to Resolution No. 3951 (which approved Concept Plan 03-003) to reflect a change in tenure from ownership to rental for the 240-unit senior Minutes -Planning Commission December 8, 2009 -Page 3 housing complex on Lot 265 of Tract 16581; and c. Adopt Resolution No. 4137 recommending approval to the City Council of amendment to Resolution No. 05-40 (which approved Tentative Tract Map 16581) to reflect a change in tenure from ownership to rental for the 240- unit senior housing complex on Lot 265 of Tract 16581. Planning Commission discussion ensued. The Public Hearing opened at 8:30 p.m. Chair Kozak invited the applicant to the lectern. Donna Kelly, representing Lennar, came forward. The following spoke in opposition to the project: Tab Johnson, 1445 Charleston, Tustin James Blake, 1502 Davenport, Tustin Lee Whiteley, 15201 Covington Street, Tustin Gustavo Cabezas, 15260 Cambridge, Tustin Carlos Cuyugan, 15201 Providence Way, Tustin Ramin Mousavi, 15209 Severyns Road, Tustin Kathy Furen, 15201 Worthington, Tustin. Motion: The Public Hearing closed at 8:55 p.m. After further discussion, the item was continued to the second Planning Commission meeting in January 2010. It was moved by Kozak, seconded by Thompson, to continue this item to January 26, 2010. Motion carried 5-0. Adopted Resolution No. 4. CODE AMENDMENT 09-004, IMPLEMENTING 4129 PORTIONS OF THE OLD TOWN PARKING STUDY BY PROVIDING MORE PARKING FLEXIBILITY FOR RESTAURANTS TO LOCATE TO AND EXPAND WITHIN OLD TOWN AND FACILITATING THE ESTABLISHMENT OF OUTDOOR RESTAURANT SEATING WITHIN ALL COMMERCIAL AREAS OF THE CITY, INCLUDING OLD TOWN. Minutes -Planning Commission December 8, 2009 -Page 4 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4129, recommending that the Tustin City Council adopt a Negative Declaration for Code Amendment 09-004 and adopt Ordinance No. 1373, providing more parking flexibility for restaurants to locate to and expand within Old Town and facilitating the establishment of outdoor restaurant seating within all commercial areas of the City, including Old Town. Commissioner Thompson recused himself because he owns property within Old Town. Planning Commission discussion ensued. The Public Hearing opened at 9:41 p.m. Nathan Menard, 345 West 6th Street, Tustin, spoke in favor of this amendment. The Public Hearing closed at 9:45 p.m. Motion: It was moved Puckett, seconded by Murray, to adopt Resolution No. 4129. Motion carried 4-0. Adopted Resolution No. 5. CODE AMENDMENT 09-006: DENSITY BONUS 4128 LAW AMENDING SECTIONS 9111 THROUGH 9142 OF THE TUSTIN CITY CODE TO UPDATE DENSITY BONUS LAW IN ACCORDANCE WITH STATE LAW. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4128 recommending that the City Council approve Ordinance No. 1372 (Code Amendment 09-006). The Public Hearing opened at 9:57 p.m. and closed at 9:58 p.m. Motion: It was moved by Thompson, seconded by Kasalek, to adopted Resolution No. 4128. Motion carried 5-0. Minutes -Planning Commission December 8, 2009 -Page 5 REGULAR BUSINESS Selected "Greenwood House" as most appropriate name and "1915" as the date 6. TUSTIN HISTORIC REGISTER NOMINATION. Owners of historic homes or commercial buildings in Tustin are eligible to participate in the City's Plaque Designation program, called the Tustin Historic Register. The purpose of the voluntary program is to recognize Tustin's historic properties, educate the public, increase public interest in historic properties, and promote community pride. RECOMMENDATION: That the Planning Commission approve the nomination of 525 West Main Street to the Tustin Historic Register Plaque Designation Program and select the most appropriate historical name and date of construction for the property. Motion: It was moved by Kasalek, seconded by Thompson, to approve staff's recommendation. Motion carried 5-0 STAFF CONCERNS 7. REPORT OF ACTIONS TAKEN AT THE NOVEMBER 17 and DECEMBER 1, 2009, CITY COUNCIL MEETINGS. Director reported the City Council: • upheld the Planning Commission's actions regarding Traditions Restaurant; • adopted the amendment related to the standardization of the appeals provisions; • adopted a code amendment related to water efficient landscaping; staff will be making a presentation on that amendment at a future Planning Commission meeting; • two Mills Act agreements went forward, the Lindburgh/Demoratz property on Pasadena and the Teter house, and will be recorded this month. Minutes -Planning Commission December 8, 2009 -Page 6 COMMISSION CONCERNS Thompson Attended the Library Grand Opening November 14th; the Mayor's Thanksgiving Prayer Breakfast on the 19th; the OCTA Citizens Advisory Committee on the 17th; the OCTA Third District Leadership Forum on December 1st; • Congratulated Mayor Amante and Mayor Pro Tem Nielsen for their new appointments; • Thanked departing Mayor Doug Davert for his leadership; • Wished everyone a Merry Christmas and Happy Hanukkah. Puckett • Attended the Mayor's Prayer Breakfast; the Enderle Center Christmas Kick-off, which included the Santa Sleigh; Tree Lighting Ceremony at City Hall; • Congratulated Mayor Amante and Mayor Pro Tem John Nielsen; • Congratulated the Tustin High School football team for reaching the CIF semi-finals, especially Anthony Wilkerson who had a tremendous year and will be continuing his career at Stanford next year; • Wished everyone a Merry Christmas. Kasalek Attended the Library dedication and the Mayor's Prayer Breakfast; • Congratulated Mayor Amante and Mayor Pro Tem Nielsen; • Thanked former Mayor Davert who has served Tustin in many ways for many years; • Wished everyone a Merry Christmas and safe New Year. Murray Noted that senior citizens have indicated parking has become a problem at the Senior Center; perhaps staff can find a way to facilitate additional parking spots; • Attended the same functions mentioned by his colleagues; • Stated that the Tustin Police Department held a touch football fundraiser; the money was used to provide Thanksgiving dinners for members of the community; • Referred to the great leadership provided by former Mayor Davert; • Congratulated Mayor Amante and Mayor Pro Tem Nielsen; Minutes -Planning Commission December 8, 2009 -Page 7 Murray continued Commended David Wilson and his staff for the job done for the Tree Lighting ceremony and George Vallevieni for his work on the Santa Sleigh; • Thanked Tustin and Beckman High Schools on their great performances this year; Tustin High School has more players in the NFL than any other high school in the USA; • Offered compliments to the Tustin Police Department for their assistance to his family after a recent car accident; • Happy Holidays to everyone! Kozak Attended the Library Grand Opening, Mayor's Prayer Breakfast, and Christmas Tree Lighting; • Congratulated Mayor Amante and Mayor Pro Tem Nielsen; • Thanked Mayor Davert for his leadership during a tough year; • Thanked staff for their good work this year; • Happy New Year! Merry Christmas! 10:15 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, January 12, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. tee ak Chairperson ~~~,~ - i~~ ~f~~i1~ ~1f! Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission December 8, 2009 -Page 8