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HomeMy WebLinkAboutPC Minutes 09-27-99 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 27, 1999 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Commissioners: Present: Absent: Staff: 7:00 p.m., City Council Chambers Commissioner Kawashima Chairperson Kozak Vice Chair Davert Bell Kawashima Pontious None Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Justina Willkom, Associate Planner Douglas Anderson, Senior Project Manager - Traffic Kathy Martin, Recording Secretary PUBLIC CONCERNS: No Public Concerns were expressed. CONSENT CALENDAR: 1. Minutes of the September 13, 1999 Planning Commission Meeting. Commissioner Davert moved, Commissioner Pontious seconded, to approve the minutes. Motion carried 4-0. Commissioner Kawashima abstained due to his absence at the September 13, 1999 meeting. PUBLIC HEARINGS: ZONE CHANGE 98-006 AND DESIGN REVIEW 98-036 a request to change the zoning designation from Residential Single Family - Garden Office to Garden Office within the Newport Warren Planned Community on a .72 - acre site and authorization to construct a 4,770 square foot one-story medical/dental office building and a 2,726 square foot one-story medical/dental office building. The project is located at 12569 Newport Avenue with the Planned Community zoning district. APPLICANT: PROPERTY OWNER: DENNIS CLAUS WESTGATE PROPERTIES DENNIS CLAUS WESTGATE PROPERTIES RECOMMENDATION 1. Adopt Resolution No. 3690 recommending approval of the environmental documentation for the project. Planning Commission Minutes September 27, 1999 Page 2 Adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98-006. Adopt Resolution No. 3692 recommending approval of Design Review 98-036. The Public Hearing opened at 7:02 p.m. Lori Ludi presented the subject report. Commissioner Davert noted that the zone change would eliminate spot zoning much like Dr. Belden's project and asked Doug Anderson if compact spaces were still allowed. Doug Anderson responded that compact spaces were still allowed. Chairperson Kozak asked about the setback alternatives available to the applicant without requesting a variance. Lori Ludi replied that one alternative would be to switch the locations of the handicap parking space and the trash enclosure which would allow a larger buffer. Hal Woods, architect, stated that he finds the conditions of approval acceptable and noted that they prefer to keep the trash enclosure farther away from the residential area. He further stated that they lost two (2) parking spaces with the easement on the north side of the property. Chairperson Kozak asked the applicant if the easement covers the open drainage swale and asked if the applicant would cover the swale and have the development go all the way to the property line. Hal Woods stated that the easement does cover the open drainage swale but actually moved the building back five feet further than what the code requires on the north property line to give the City's maintenance department the ability to service the easement in the future. Doug Anderson noted that the easement currently drains the private property in the county and conveys water to Newport Avenue and there is a sewer line underneath that serves the residential properties. He further stated that there does not appear to be a need to cover the swale. Chairperson Kozak stated his concern about the aesthetics of two block walls. Millard Black, 1342 Cameron Lane, stated that the easement runs through his property and the water comes down through his property and poses a mosquito hazard. Bruce Junor, Foothill Communities, presented a letter from Foothill Communities to the Commission and stated that the City should not rezone the property and continue to maintain the zoning in the North Tustin Specific Plan. Commissioner Davert asked staff if the property is under the jurisdiction of the North Tustin Specific Plan. The Director stated that the Newport-Warren Planned Community Regulations are the zoning for the property. Dennis Hamilton, 18681 Eunice Place, stated his concerns with the rezoning; placement of air conditioning on the roof and stated he liked the design. The Director stated that in Resolution No. 3692, Condition 2.10.8 requires that anything that is roof-mounted be screened and Condition 2.10.12 requires that any rooftop equipment including vents and exhaust shall comply with the City of Tustin Noise Ordinance. Planning Commission Minutes September 27, 1999 Page 3 Commissioner Davert asked if there was on-street parking along Newport Avenue at that point. Doug Anderson responded that there is no on-street parking at that point on Newport Avenue. Nancy Hamilton, 18681 Eunice Place, expressed her concerns with the rezoning of the property and adequate landscaping. Commissioner Davert asked if a two or three story development would be allowed if the zoning remained the same and noted his belief that the conditions of approval address the issue of landscaping. The Director replied that the maximum height permitted would be thirty five feet (35') which would permit a two story development and noted that Condition 2.12.3 would require the final landscape plan be reviewed and approved by Community Development Department staff. Dennis Claus, applicant, stated that he believes Hal Woods did a terrific job designing the project to fit into the community and thanked the Planning Commission for their consideration. The Public Hearing closed at 7:36 p.m. Commissioner Davert noted that the zone change makes the zoning consistent and is pleased to see the lot consolidation. He further noted his concerns in regards to the eight foot (8') buffer issue and does not wish to see the trash enclosure relocated. Commissioner Pontious stated her agreement with Commissioner Davert and noted the building is inline with the original zoning and her wish to look at changing the parking configuration to enable the applicant to provide an eight foot (8') buffer. Commissioner Kawashima noted his concern with moving the handicap parking space. The Director noted that Title 24 requires direct accessibility to the building or the closest location needs to be provided for disabled access. Commissioner Bell stated that she shares the same concerns of the other Commissioners. The Director stated other alternatives available to the applicant include: reduce the overall square footage of the buildings so that additional parking would not be required or request a minor adjustment which would allow a twenty percent reduction in parking. Chairperson Kozak asked for the applicant to address the possibility of reducing the size of the southerly building. The Director noted that the applicant can either reduce the size or increase the general office area which is a reduction in parking ratio as well. The Director stated that the Commission would need to continue the hearing to allow staff time to notice a minor adjustment or variance. Chairperson Kozak stated his wish to eliminate the easement "tunnel". Commissioner Davert stated the Commission is not willing to compromise on the buffer and asked the applicant if they were amenable to a continuance. Hal Woods, architect, discussed changes to the parking layout while referring to the overhead. Planning Commission Minutes September 27, 1999 Page 4 The Director noted that Resolution No. 3692 requires the eight foot (8') wide landscape buffer and stated her desire to avoid site planning at the public hearing because sometimes, without realizing it, variances are approved. She further noted that if the conditions are left as they are, staff can look at the modifications, which are relatively minor. If the applicant is able to accomplish this then it can be approved at staff level. If the applicant is not able to accomplish the buffer, they can request a minor adjustment before the zoning administrator or bring a variance request to the Commission. Hal Woods, architect, noted that the property does not drain into the channel and he is concerned about the costs to the applicant. Commissioner Davert noted that the project may exacerbate the problem by creating the tunnel effect. The Director suggested that the Public Works Department determine what responsibilities the City and developer have in that regard. The meeting recessed at 7:56 p.m. The meeting reconvened at 8:04 p.m. The Director noted that there were concerns of creating a tunnel effect with an additional wall on the northerly property line and noted that there will be somewhat because of the location of the building but there will not be an additional wall constructed there. Chairperson Kozak asked if staff discussed covering the concrete swale. The Director stated that the issue could be included as a condition for the Public Works Department and the developer to look into but is really a larger issue than the application before the Commission this evening. Chairperson Kozak requested that a condition be included to address the covering of the swale and wrought iron fencing be installed. Hal Woods, architect, noted that the wrought iron fencing was done for Dr. Belden's project and could also be used for this project. He further stated that Mr. Claus believes they can reduce the building size from 2,700 square feet to 2,500 square feet which would allow the eight foot buffer along the residential. Chairperson Kozak noted that in the modifications, he wished to ensure that the trash enclosure remain where it is located. Commissioner Davert noted that there may be concerns with Public Works' ability to access where the fencing is located. Lois Bobak, Deputy City Attorney, noted that as long as Public Works has access without destroying the fencing, then it will not be a problem. Hal Woods, architect, noted that a man gate would be installed on either side. Commissioner Davert moved, Commissioner Pontious Resolution No. 3690 recommending approval of documentation for the project. Motion carried 5-0. seconded, to adopt the environmental Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98- 006. Motion carried 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3692 recommending approval of Design Review 98-036 amended as follows: Planning Commission Minutes September 27, 1999 Page 5 Condition 2.9.10 be modified to include second sentence "A wrought iron gate shall be provided to secure the drainage easement subject to the satisfaction of the Public Works Director." Condition 5.8 be added to read: "The applicant shall work with the Public Works Department to address issues related to the drainage swale subject to the approval of the Public Works Director. Motion carried 5-0. Draft Ordinance No. 1222 - Density Bonus Ordinance - This Density Bonus Ordinance is intended to provide incentives for the production of housing for very Iow, lower income or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this ordinance, it is the intent of the City of Tustin to facilitate the development of affordable housing and to implement the goals, objectives and policies of the City's Housing Element. The Planning Commission may modify the proposed draft ordinance as a result of the public hearing. RECOMMENDATION That the Planning Commission: Adopt Resolution No. 3675 recommending that the City Council adopt the final Negative Declaration as required by the California Environmental Quality Act; and, Adopt Resolution No. 3693 recommending that the City Council adopt the proposed Density Bonus Ordinance. The Public Hearing opened at 8:12 p.m. Justina Willkom, Associate Planner, presented the subject report. Commissioner Davert asked, in reference to the first page of the staff report, if "the department" is the Community Development Department or the State? Karen Peterson, Acting Senior Planner, stated that refers to the State Department of Housing. Commissioner Davert asked if Policy 1.2 applies to both acquisition and rehabilitation. The Director stated that it would provide for both but targets new construction because of the difficulty accomplishing that on a site that is currently developed. Commissioner Davert asked if the section "Proposed Density Bonus" applies strictly to new construction. The Director noted that it could be both new construction and rehabilitation. Commissioner Davert noted the asterisk states that the density bonus units are not included in calculating the target units in the example on Page 4 and asked if that is the way the State code reads? Staff affirmed that is the way the State code reads. The Director noted that a majority of the things in the Density Bonus Ordinance are mandated by State law and the City could provide additional incentives that are not identified under State law but staff wished to go with the minimum required. Lois Bobak, Deputy City Attorney, noted that all of the incentives are discretionary. Planning Commission Minutes September 27, 1999 Page 6 Chairperson Kozak stated that his concerns were addressed by staff earlier today and noted that staff used a model ordinance from the State. Commissioner Kawashima asked for the location of the proposed project. The Director stated that without discussing the merits of the project, an application is pending on the vacant site near the hospital. The Public Hearing closed at 8:22 p.m. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3675 recommending that the City Council adopt the final Negative Declaration as required by the California Environmental Quality Act. Motion carried 5-0. Commissioner Davert moved, Commissioner Pontious seconded, to adopt Resolution No. 3693 recommending that the City Council adopt the proposed Density Bonus Ordinance. Motion carried 5-0. REGULAR BUSINESS No Regular Business STAFF CONCERNS: 4. Report on Actions taken at the September 20, 1999 City Council Meetings Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Commissioner Bell Noted that the fire hydrants in her neighborhood were rusty and asked who was responsible for maintaining fire hydrants in the city. The Director responded that the Orange County Fire Authority (OCFA) would be responsible for maintaining the fire hydrants and staff would report their deteriorating condition to the OCFA. Commissioner Davert Noted the presence of a pay phone and the proliferation of banners at the Red Hill Restaurant. The Director stated that they would check the conditions of approval for the restaurant and report the banners to code enforcement staff. Chairperson Kozak Noted that roof-mounted equipment at the Red Hill Restaurant was visible from the street and believed that the Commission conditioned the equipment to be screened. The Director stated that staff would check the conditions of approval and follow-up with the restaurant owner. Inquired about work at the architect's next to Econo Lube N Tune and asked if the cinderblock would be treated Planning Commission Minutes September 27, 1999 Page 7 The Director noted that Surfas Furriers is relocating to that building and the work was probably the installation of cooling units for fur storage and affirmed that the cinderblock would be treated. Commissioner Pontious Noted the presence of a pay phone at the mexican restaurant adjacent to the Red Hill Restaurant. The Director stated that staff would look into the possibility of regulating existing pay phones. Commissioner Kawashima - Asked about the change in signage at the Tustin MarketPlace. The Director responded that the developer felt the center would be more marketable under the same name. - Stated that two of his neighbors called him with their concerns about a parole office locating in Tustin. The Director stated that there has been notification from the State of a possible location in Tustin. Staff was researching the issue and the information has been forwarded to the Tustin Police Department. ADJOURNMENT: Commissioner Ponfious moved, Commissioner Davert seconded, to adjourn the meeting at 8:31 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on October 11, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. //SCe~n V. Kozak Ch~lCerson Elizabeth A. Binsack Planning Commission Secretary