Loading...
HomeMy WebLinkAboutPC Minutes 11-23-98 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 23, 1998 CALL TO ORDER: 7:02 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Jones INVOCATION: Commissioner Davert ROLL CALL: Commissioners: Present: Chairperson Pontious Vice Chair Kozak Davert Browne Jones Absent: None Staff: Elizabeth A. Binsack, Director Lois Bobak, Deputy City Attorney Doug Anderson, Traffic Engineer Karen Peterson, Acting Senior Planner Lori Ludi, Associate Planner Bradley Evanson, Assistant Planner Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT (714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) CONSENT CALENDAR: 1. Minutes of the November 9, 1998 Planning Commission Meeting. Commissioner Davert moved, Commissioner Jones seconded, to approve the Consent Calendar. Motion carried 5-0. Planning Commission Minutes November 23, 1998 Page 2 PUBLIC HEARINGS: Vesting Tentative Tract Map 15681, Design Review 98-012, Hillside Review 98- 002, And Variance 98-006 a request to subdivide a 71.8 acre property into 114 numbered lots and 34 lettered lots for the purpose of creating 114 single-family detached residences. The project is located westedy of the intersection of Pioneer Road and Patriot Way within the Planned Community Residential; Estate Density Residential/Hillside District- East Tustin Specific Plan. OWNER: IRVINE COMMUNITY DEVELOPMENT COMPANY ATTN: J. DAVID CONLEY APPLICANT: BROOKFIELD HOMES ATTN: BART HAYASHI Recommendation That the Planning Commission: Adopt Resolution No. 3631 approving the environmental determination for the project; Adopt Resolution No. 3632 recommending that the City Council approve Vesting Tentative Tract Map 15681; Adopt Resolution No. 3633 approving Design Review 98-012 and Hillside Review 98-002; and, 4. Adopt Resolution No. 3634 denying Variance 98-006. The Public Hearing opened at 7:04 p.m. Karen Peterson presented the subject report. The Director noted that staff provided a copy of a document from Brookfield Homes to all the Planning Commissioners. Adrian Foley, applicant, stated that the project embraced the site's natural topography and will be an asset to the City. Bart Hayashi, applicant, stated his excitement with the project and thanked staff for their assistance. He further stated his disagreement with Condition 2.2 and Resolution No. 3634 and asked the Commission to address their concerns with street lighting and tandem garages. Chairperson Pontious asked for staffs response. The Director stated that the condition is flexible so that if a lighting engineer could provide a plan that provides adequate and safe sight distances in lighting for the area, staff would be supportive of that during plan check. Chairperson Pontious stated her concern about the safety element at night. Commissioner Jones asked if there was a specific proposal for the spacing of the lighting. Bart Hayashi stated that they would like to see a light at every street intersection. Commissioner Kozak stated that he wanted the staff to work out the lighting plan with the applicant. Commissioner Davert stated that he would defer to staff and have the applicant return with a lighting plan. Planning Commission Minutes November 23, 1998 Page 3 Bart Hayashi stated that he disagrees with staff on the tandem garage issue and does not feel the request is a variance but a matter of interpretation. The Director stated that the East Tustin Specific Plan does defer to the Tustin City Code which states that parking spaces must be fully accessible and useable and the City has not allowed residential tandem parking to date. Commissioner Browne asked the City Attorney what the exposure would be if the City granted tandem parking. Lois Bobak stated that there was no liability but the rationale is that the code requires that a parking space be accessible to the City and staffs concern is that a tandem space would not be used for parking and, therefore, not be accessible. Commissioner Jones asked the applicant why the variance should be approved. Bart Hayashi stated that any parking problems would be created by the homeowners themselves; alternatives to tandem parking do not work because of the architecture and additional cost. The Public Hearing closed at 7:25 p.m. Commissioner Davert stated that he reviewed the project thoroughly, spoke with Jeff Davis on the telephone and the intent of the code is to require that the spaces be independently accessible; he does not like tandem parking and it would set a dangerous precedent Citywide and for MCAS Tustin. He stated that he is not swayed by the design arguments since the large lots could easily accommodate the third car garage easily. He further stated that he could not make findings for a variance, however, he thinks this is a great project and appreciates the applicant's efforts to preserve the rural character of the area. He also noted that the grove concept and architecture are outstanding. Commissioner Kozak stated his agreement with Commissioner Davert Commissioner Jones stated that the architecture and contour grading implemented for hillside and ridgeline preservation were excellent but he shares Commissioner Davert's concerns about granting a variance and supports staffs recommendation. Commissioner Browne stated that this is a great project but the tandem parking issue points out a weakness in the code and the tandem parking should be allowed for single family homes on large lots. Chairperson Pontious stated that parking can be a problem even in large lot developments and if an adjustment is provided, it should be to decrease the amount of required parking rather than allow tandem parking. Commissioner Kozak noted that the conditions of approval related to buyer notification should indicate that the County of Orange is the lead agency on El Toro base closure. Chairperson Pontious commented that the parking is well done throughout the project. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3631 approving the environmental determination for the project. Motion carried 5-0. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3632 recommending that the City Council approve Vesting Tentative Tract Map 15681. Motion carried 5-0. Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3633 approving Design Review 98-012 and Hillside Review 98-002. Motion carried 5-0. Planning Commission Minutes November 23, 1998 Page 4 Commissioner Davert moved, Commissioner Jones seconded, to adopt Resolution No. 3634 denying Variance 98-006. Motion carried 4-1 Commissioner Browne was opposed. Vesting Tentative Tract Map 15707, Design Review 98-002, And Zone Change 98- 004 a request to: Change the zoning of 120-250 Sixth Street from R-3 (Multiple-Family Residential) to PC (Planned Community) to accommodate 38 single family detached dwelling units and to change the zoning of 715-765 El Camino Real from C-2P (Central Business District/Parking Oveday) to PC (Planned Community); establish Planned Community District Regulations which would provide the governing development standards for the project pursuant to City Code Section 9244; subdivide an approximate 3.5 acre site into 38 numbered lots and 10 lettered lots for the purpose of developing 38 single-family detached dwelling units in place of an existing 56-unit apartment complex; and, · authorize the site and architectural design for the project. The project is located at 120-250 Sixth Street and 715-765 El Camino Real within the R-3 (Multiple-Family Residential) and C-2 (Central Commercial District Parking Overlay). OWNER: CHARLES W. & PATRICIA H. FORD APPLICANT: WARMINGTON HOMES & DEIBEIKES INVESTMENT CO. Recommendation That the Planning Commission: Adopt Resolution No. 3636 recommending approval of environmental documentation for the project. Adopt Resolution No. 3637 recommending that the City Council approve Zone Change 98-004 (previously identified as Zone Change 98-002); and, Adopt Resolution No. 3638 recommending that the City Council approve Vesting Tentative Tract Map 15707; Adopt Resolution No. 3639 recommending that the City Council approve Design Review 98-002. The Public Hearing opened at 7:35 p.m. Lori Ludi presented the subject report. Chairperson Pontious inquired about adding a condition requiring garage door openers for the garages within 4 or 5 feet from the property line. Lori Ludi responded that Condition 3.1 was included in Resolution 3639 that requires garage door openers. Bob McClaire, applicant, stated that the project meets guidelines of Redevelopment Agency and the community and noted some changes to the Planned Community Regulations under parking and private drive requirements. Planning Commission Minutes November 23, 1998 Page 5 The Director responded that staff is agreeable to the changes and suggested that an exception be made for a 4 foot wide walkway. Dick Hunsaker suggested that Section 10B2 be amended to state, "Where private drives in excess of 150 feet..." Commissioner Jones asked how Plan 3 could be altered to a 4 or 5 bedroom plan and how many plans of this type have been identified. Bob McClaire stated that the open areas would be used to create additional rooms and the 4 or 5 bedroom would be a buyer option. Commissioner Jones asked staff where the closest available parking would be outside the subdivision. The Director responded that the closest available parking would be along Sixth Street. Bob McClaire, applicant, noted that the homes that front on Sixth Street have side entries for pedestrian access. Marilyn Denson, resident of Tustin Meadows Apartments, asked for relocation information. (inaudible, no speaker card turned in), resident of Tustin Meadows Apartments, stated that conditions in the complex are very bad and there are no on-site managers. The Director stated that the Redevelopment Agency along with Deibeikes Investment Co. is preparing the relocation plan. Chairperson Pontious asked when demolition might take place. The Director stated that the intent of the Redevelopment Agency is to demolish units as they become available for demolition. Commissioner Jones asked for the timetable of the relocation plan. The Director responded that it is part of the disposition development agreement. Chairperson Pontious noted that State law regulates the timing after the process starts and residents are ensured of prior notifications. Commissioner Davert asked if a meeting could be coordinated between the residents, Redevelopment Agency and the developer so that the residents could be informed about the timing of the relocation process. The Director responded that staff would initiate a meeting for the residents and a letter had been sent to the property owner about the code violations. Commissioner Davert noted that perhaps the residents could be provided with a phone number for code enforcement. The Director noted that staff has the ability to address code violations on the property but with respect to the landlord being responsive to issues that are not code related, it is difficult for staff to mandate. Lois Bobak noted that the City can make efforts to force the property owner to take corrective action but the policies and procedures sometimes take time. Chairperson Pontious requested a meeting with the residents occur within the next two weeks. Planning Commission Minutes November 23, 1998 Page 6 Yvonne Rugley, resident of Tustin Meadows Apartments, asked for confirmation of the City Council hearing date and demolition date. The Director noted that the City Council meeting date would be December 7, 1998 if the Planning Commission takes action this evening and not all units would be demolished at same time but would be phased. The Public Hearing closed at 8:01 p.m. Commissioner Jones stated that the applicant did an excellent job on the project and he likes the architecture. Commissioner Kozak stated his support of staff recommendation. Commissioner Davert stated that he is pleased to see the detailing on the exposed areas of the homes and congratulated staff and the Redevelopment Agency on the project. Chairperson Pontious stated the architecture is complementary to Old Town. Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3636 recommending that the City Council approve Vesting Tentative Tract Map 15707. Motion carried 5-0. Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3637, as amended, recommending that the City Council approve Zone Change 98-004. Motion carried 5-0. Commissioner Jones moved, Commissioner Davert seconded, to adopt Resolution No. 3638 approving Design Review 98-002. Motion carried 5-0. Continued Public Hearing For Conditional Use Permit 98-024 a request to approve a master sign plan for Enderle Center including the addition of center identification monument signs and on-site directional signs. The project is located at 17260 East 17'h Street within the Planned Community Commercial zoning district. APPLICANT/ PROPERTY OWNER: EMS DEVELOPMENT CO. ATTN: MAURICE A. ENDERLE Recommendation That the Planning Commission adopt Resolution No. 3630 approving Conditional Use Permit 98-024. The Public Hearing opened at 8:05 p.m. Bradley Evanson presented the subject report. Ed Soltis, applicant, stated that the monument signs at the corner of 17;n Street and Enderle Center Way are part of the property but are not owned by Endede Center. The owner would prefer to maintain the current square footage of the signs, so Endede Center will work with him during lease negotiations. The Director stated that if the condition requiring removal of the monument signs within 12 months were left in, Endede Center would be required to come back to the Planning Commission prior to the 12 month period and request an amendment. Chairperson Pontious asked if the fees could be waived for an amendment. Planning Commission Minutes November 23, 1998 Page 7 The Director stated that the City Manager has the ability to waive fees and under these circumstances he would consider waiving the fees. Chairperson Pontious stated that the Commission would forward that recommendation to the City Manager. Ed Soltis thanked staff and the Planning Commission. The Public Hearing closed at 8:10 p.m. Commissioner Davert stated his approval of the project. Commissioner Kozak commended the cooperation between the applicant and staff. Commissioner Browne moved, Commissioner Davert seconded, to adopt Resolution No. 3630 approving Conditional Use Permit 98-024. Motion carried 5-0. REGULAR BUSINESS: 5. Status Reports Karen Peterson, Acting Senior Planner presented the subject report. Commissioner Davert moved, Commissioner Jones seconded, to receive and file. Motion carried 5-0. STAFF CONCERNS: 6. Report on Actions taken at the November 16, 1998 City Council Meetinq Elizabeth A. Binsack, Community Development Director presented the subject report. Commissioner Davert moved, Commissioner Jones seconded, to receive and file. Motion carried 5-0. COMMISSION CONCERNS: Commissioner Jones Requested that staff do their best to work with the residents of the Tustin Meadows apartment complex to inform them of the status of their relocation. The Director responded that staff would speak to the Redevelopment Agency staff and report back to the Planning Commission with the status. Commissioner Kozak - Thanked staff for the increased traffic enforcement on Holt Avenue and wished everyone a Happy Thanksgiving. Commissioner Browne - Requested that the Commission's concerns about the Tustin Meadows apartment complex and the residents that will be relocated be brought to the attention of the City Council. The Director responded that the City Council receives the Planning Commission's action agenda the day after the meeting which contains the Commission's concerns. Planning Commission Minutes November 23, 1998 Page 8 Commissioner Davert Complained about the abundance of illegal Higgins Furniture signs in Tustin. The Director stated that staff would work with the City Attorney's office to determine the most effective way to deal with the signs. Noted that the recycling center in Vons parking lot on Seventeenth Street appears to have added a second bin that projects into the drive aisles. The Director responded that code enforcement would investigate the matter. Inquired if code enforcement could handle private properties that are in poor condition. The Director requested that Commissioner Davert give the address to code enforcement staff for investigation. Asked about status of condemned parking structure on Vandenberg and noticed it was visibly sagging. The Director responded that the Building Department has been investigating the structure for some time and staff will follow-up with the Commission. Commissioner Pontious Noted that vines were dropping leaves on the Cai Trans property at Nisson Road and wished everyone a Happy Thanksgiving. The Director responded that code enforcement would speak with Cai Trans. ADJOURNMENT: Commissioner Davert moved, Commissioner Jones seconded, to adjourn the meeting at 8:17 p.m. Motion carried 5-0. A regular meeting of the Planning Commission will be held on December 14, 1998 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Leslie A. Pontious Chairperson -Elizabeth A. Binsack Planning Commission Secretary