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Home My WebLink AboutPC Minutes 01-26-10~_ MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION JANUARY 26, 2010 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE Commissioner Thompson ROLL CALL: Present: Chair Kozak Chair Pro Tem Murray Commissioners Kasalek, Puckett, and Thompson Staff present Elizabeth Binsack, Community Development Director Christine Shingleton, Assistant City Manager David Kendig, Assistant City Attorney Captain Steve Lewis, Tustin Police Department Terry Lutz, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Edmelynne Huffer, Associate Planner Reina Kapadia, Associate Planner Cari Meyer, Assistant Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS On behalf of the Tustin Conservancy, Linda Jennings presented to each of the Commissioners the book, Architectural Styles Orange County, by Richard Dodd. Chair Kozak noted that Mr. Dodd will be presenting an architectural review of the California Bungalow period at Seal Beach Library this Thursday. Thanked Ms. Jennings for her help to the Planning Commission, her involvement in the historical preservation responsibilities of Old Town, and the collaborative work style of the Tustin Conservancy. Chair Pro Tem Murray commended Ms. Jennings for the efforts regarding the outreach for Beach Pit Barbecue's fundraiser for Haiti, which raised $6,484.34. Minutes -Planning Commission January 26, 2010 -Page 1 Commissioner Puckett added that the home of Linda and Steve Jennings is featured in Architectural Styles; and, thanked her for providing the book to the Commissioners. Commissioners Kasalek and Thompson added their thanks. CONSENT CALENDAR Approved with one 1. APPROVAL OF MINUTES -JANUARY 12, 2010, PLANNING minor correction COMMISSION MEETING. Chair Kozak requested that "American" be added to the the Public Concerns item regarding the replacement of "a tattered flag." Commissioner Thompson mentioned the Fire Station presentation received at the last meeting, an update of the Legacy project that the Commission looks forward to seeing come back to the Commission; and, commended the City for pursuing the grant funding options that are available. The Director stated that the design will not be coming before the Planning Commission. Commissioner Thompson requested that staff then provide an overview of the design for the Planning Commission, consistent with Council policy. It was moved by Puckett, seconded by Kasalek, to approve the Consent Calendar, as amended. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution. 2. CONDITIONAL USE PERMIT 09-025 A REQUEST TO No. 4140, as AMEND USE PERMIT 87-26 FOR AN EXISTING amended RESTAURANT WITH ALCOHOLIC BEVERAGE SALES BY EXPANDING THE RESTAURANT TO OCCUPY SUITES A THROUGH D, LOCATED AT 450 EAST FIRST STREET IN THE FIRST STREET SPECIFIC PLAN (SP-10) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4140, repealing use Permit 87-26 and approving Conditional Use Permit 09-025. Planning Commission discussion ensued. The Public Hearing opened at 7:30 p.m. Minutes -Planning Commission January 26, 2010 -Page 2 Louis Skelton, architect and representative of the applicant, noted the hours of operation should be changed as follows: Monday to Saturday; 8:30 a.m. to 9:00 p.m. Sunday; 9:00 a.m. to 8:30 p.m. Randy Rock, 483 East First Street, spoke in opposition. The Director responded to Mr. Rock's concerns. The Public Hearing closed at 7:40 p.m. Commissioner Thompson made the following suggestions: • Conditions 2.12 and 2.18, regarding signage, be consolidated into one condition; • Either Condition 2.9 or 2.21 should be deleted; • Correct the hours of operation in Condition 2.3. • Add a condition referencing new Ordinance 1373. Further discussion ensued. Motion: It was moved by Murray, seconded by Thompson, to adopt Resolution No. 4140, as amended. Motion carried 5-0. Adopted Resolution 3. CONDITIONAL USE PERMIT 09-033 A REQUEST TO No. 4139, as OPERATE A VIDEO ARCADE IN AN EXISTING amended COMMERCIAL CENTER, MAKENA SQUARE, LOCATED AT 14001 NEWPORT AVENUE, SUITE B, IN THE CENTRAL COMMERCIAL WITH COMBINING PARKING (C-2 P) ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4139, approving Conditional Use Permit 09-033. Planning discussion ensued. The Public Hearing opened at 8:06 p.m. Chair Kozak invited the applicants to the lectern. Paul and Alex Thinh thanked staff and stated they were available to answer any questions the Commissioners may have. The Public Hearing closed at 8:11 p.m. Commissioner Thompson suggested two minor changes to the conditions. Minutes -Planning Commission January 26, 2010 -Page 3 Motion: It was moved by Thompson, seconded by Kasalek, to approve Resolution No. 4139, as amended. Motion carried 5-0. Continued to 4. CONTINUED CONDITIONAL USE PERMIT 09-024, March 23, 2010; DESIGN REVIEW 09-024, AMENDMENT TO TRACT MAP Vote:3-2 16581, 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) INCLUDING 153 AFFORDABLE UNITS WITH A PARKING STANDARD OF 1.7 SPACES PER UNIT, 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 that the City Council approve Conditional Use Permit 09-024 and Design Review 09-024 authorizing the development of a 240-unit senior apartment residential complex (age restricted to persons of 55 years or older for rental tenure) including 153 affordable units, with a parking standard of 1.7 spaces per unit, recreation center, and associated infrastructure and site improvements on Lot 265 of Tract 16581; b. Adopt Resolution No. 4136 recommending that the City Council approve Amendment to Resolution No. 3951, which approved Concept Plan 03-003, to reflect a change in tenure from ownership to rental for the proposed 240- unit age-restricted senior housing complex on Lot 265 of Tract 16581; c. Adopt Resolution No. 4137 recommending that the City Council approve Amendment to Resolution No. 05-40, which approved Tentative Tract Map 16581, to reflect a change in tenure from ownership to rental for the proposed 240-unit age-restricted senior housing complex on Lot 265 of Tract 16581. Planning Commission discussion ensued. The Public Hearing opened at 8:50 p.m. Donna Kelly spoke on behalf of the applicant. Minutes -Planning Commission January 26, 2010 -Page 4 Tim Carpenter and Shaun Bradley spoke on behalf of Meta Housing Corporation. The following spoke in opposition to the project: Tab Johnson, 1445 Charleston, Tustin Lee Whiteley, 15201 Covington, Tustin Shai Rambod, 15214 Washington, Tustin Karen Knighton, 15207 Severyns, Tustin Albert Hernandez, 15225 Columbus Square, Tustin Peter Green, 15209 Fairfax, Tustin William Markowitz, 15204 Duke Street, Tustin Carlos Cuyugan, 15201 Providence, Tustin Jim Blake, 15202 Davenport, Tustin Kyle Shallahamer, 15204 Davenport, Tustin Tom Myers, 1502 Valencia, Tustin Gary Pomeroy, 15208 Davenport, Tustin Eric Higuchi, 1408 Mayfield, Tustin K. Furen, no address provided James Rumley, 15201 Ashville, Tustin Richard Dinnebier, 15203 Covington, Tustin Marina Sun, 15225 Columbus Square, Tustin Maggie Finn, 1506 Valencia, Tustin Gustavo Cabezas, 15260 Cambridge, Tustin Ramin Mousay, 1509 Severyns, Tustin Adriana Perez-Monje, 15227 Severyns, Tustin Julie Shafii, 5222 Wesley, Tustin The following submitted speaker forms in opposition but did not speak: Roger Helgesen, 1437 Madison, Tustin Sharon and David Sanborn, 15211 Fairfax, Tustin. The Public Hearing closed at 10:00 p.m. A recess was called by Chair Kozak; the meeting reconvened at 10:09 p.m. After further discussion, Commissioner Thompson suggested that the item be continued to allow staff, the applicant, and the homeowners to gather further information to resolve the following issues of concern: • master disclosures • master Association dues I master Association membership • occupancy limit • age restriction • property transfers or assignments. Minutes -Planning Commission January 26, 2010 -Page 5 The staff report should include only new information. It was moved by Thompson, seconded by Kozak, to continue the item Motion: for 60 days, or March 23, 2010. The motion carried 3-2. Kasalek and Puckett voted no. None REGULAR BUSINESS STAFF CONCERNS 5. REPORT OF ACTIONS TAKEN AT THE JANUARY 19, 2010, CITY COUNCIL MEETING. The Director indicated there was nothing specific to report. COMMISSION CONCERNS Thompson Attended the Building Industry Association of Orange County Outlook for 2010 on January 14th; also on the 14th, the Tustin Chamber Business and Economic Development Council, and the OCTA Citizens Advisory meeting on January 19th-all of which provided bleak economic projections; • Thanked Public Works for following up on his request that a tree be chosen to replace the large tree that was lost on EI Camino Real; • Wished his daughter, Lauren, farewell; she will be leaving soon to study abroad. Puckett • Congratulated Elva Morrow, long-time Tustin resident, featured on the front page of the Orange County Register on the occasion of her 100th birthday; Elva worked for the Tustin Chamber for many years; • Stated he is looking forward to the Historic Preservation Workshop tomorrow and Thursday here at City Hall; • Reminded everyone the Mayor's Inaugural takes place February 4th, the proceeds of which make Tustin Community Foundation nonprofit grants possible. Kasalek • Offered her congratulations to Elva Morrow; • Referred to the AIertOC test taking place tomorrow at 7:00 p.m. there is a link on the main page of the City's website. • Indicated she is also looking forward to the Historic Preservation Workshop; • Offered congratulations to Commissioner Thompson's daughter. Murray Thanked those involved in the Beach Pit Barbecue/Chaparosa Grill fundraiser for Haiti; Minutes -Planning Commission January 26, 2010 -Page 6 Murray continued Offered accolades to the Public Schools Foundation and Tustin ''; Unified School District for keeping their music programs going; ~ Stated he attended the Dosa Place Restaurant ribbon cutting, the OCTA Advisory Board meeting, and the Orange County Vector Control Board meeting. Puckett Thanked Linda Jennings for the Dodd book; and, noted that Chair Kozak will be joining the Board of the Tustin Community Foundation. Kozak Noted that Elva Morrow was a WAC in WWII and flew the same type of plane as his father; • Stated he will be attending the Preservation Workshop; • Reiterated that Richard Dodd will be presenting a program this Thursday evening at Seal Beach Library. • Thanked staff for their hard work on tonight's items. 10:42 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Tuesday, February 9, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. teve k Chairp on ~~ . Elizabeth A. Binsack Planning Commission Secretary Minutes -Planning Commission January 26, 2010 -Page 7