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HomeMy WebLinkAboutPC Minutes 10-27-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING OCTOBER 27, 1997 Planning Commission Workshop, MCAS, Specific Plan/Reuse Plan, Chapter 3, began at 6:05 p.m. and was conducted by Christine A. Shingleton, Assistant City Manager. Commissioner Browne stated for the record that he would be abstaining from voting on this issue due to a conflict of interest. The presentation concluded at 6:50 p.m. The next MCAS workshop will be presented to the Planning Commission at 6:00 p.m. November 10, 1997. CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious INVOCATION: Commissioner Davert ROLL CALL: Commissioners Present: Staff Howard Mitzman, Chairman Leslie Pontious Scott Browne Douglass Davert Steve Kozak Present: Elizabeth A. Binsack, Community Development Director Lois Bobak, Deputy City Attorney Doug Anderson, Traffic Engineer Daniel Fox, AICP, Senior Planner Bradley Evanson, Assistant Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No Public Concerns were expressed. 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.) 1. Minutes of the October 13, 1997 Planninq Commission Meetinq. Commissioner Pontious moved, Davert seconded, approval of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Continued Public Hearinq - Consideration to Revoke Variance 94-010, Conditional Use Permit 97-004 and Desiqn Review 97-008 Recommendation: - That the Planning Commission continue this item to December 8, 1997 Presentation: Daniel Fox, AICP, Senior Planner Commissioner Pontious moved, Davert seconded, to continue this item to December 8, 1997. Motion carried 5-0. Planning Commission Minutes October 27, 1997 Page 2 Zone Chanqe 97-003, Vestinq Tentative Tract Map 15420 and Desiqn Review 96-057 OWNER: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: IRVINE COMMUNITY DEVELOPMENT COMPANY JOHN LAING HOMES ZC 97-003 SECTORS 8,9 & 10; WEST SIDE OF TUSTIN RANCH ROAD, NORTH OF IRVINE BLVD., SOUTH OF RAWLINGS WAY; VTT 15420 & DR 96-057 - LOT 4 OF TRACT 13627; WEST SIDE OF TOWNSHIP DRIVE OPPOSITE CLEARY COURT PLANNED COMMUNITY RESIDENTIAL; LOW DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN THE FINAL ENVIRONMENTAL IMPACT REPORT 85-2, CERTIFIED ON MARCH 17, 1986 IN CONJUNCTION WITH THE EAST TUSTIN SPECIFIC PLAN, AS AMENDED WITH SUPPLEMENTS AND ADDENDA, ADEQUATELY ADDRESSES ENVIRONMENTAL CONSIDERATION ASSOCIATED WITH THE PROPOSED PROJECT. NO ADDITIONAL ENVIRONMENTAL DOCUMENTATION WILL BE PREPARED. REQUESTS: 1. ZONE CHANGE 97-003- A request to amend Section 3.6.3A2.2(a) of the East Tustin Specific Plan to provide for minimum 10 foot front yard setbacks for side entry garages in the Low Density Residential Designations within Sectors 8,9 and 10; and, 2. VESTING TENTATIVE TRACT MAP 15420 & DESIGN REVIEW 96-057 - A request to subdivide a 19.5 -acre property into 75 numbered lots and 18 lettered lots for the purpose of creating 75 single-family detached residences. Recommendation - That the Planning Commission: 1. Adopt Resolution No. 3550 approving the environmental determination for the project; 2. Adopt Resolution No. 3551 recommending that the City Council approve Zone Change 97-003; 3. Adopt Resolution No. 3552 recommending that the City Council approve Vesting Tentative Tract Map 15420; and, 4. Adopt Resolution No. 3553 approving Design Review 96-057. Presentation: Daniel Fox, AICP, Senior Planner Chairman Mitzman noted that the staff report spoke of Sectors 8, 9 and 10 as being north of Irvine Boulevard but the Exhibit shows them as south of Irvine Boulevard. Daniel Fox, Senior Planner, stated that Sector 10 is between Bryan Avenue and Irvine Boulevard and Sectors 9 & 10 are north of Irvine Boulevard. The Public Hearing opened at 7:10 p.m. Patti Gillespie, Project Manager for the applicant, concurs with the conditions as stated. She stated that John Laing Homes looks forward to working in the City of Tustin again and feels that their project will be worthwhile and contribute to the City and surrounding neighborhoods. Kirk Watilo, 2331 Pavillion Drive, Santa Ana, stated he lives adjacent to the project in the county area. Referring to Lot "0", he stated that in 1988 The Irvine Company did some general grading up to the fence line taking away about seven feet of flat land. He asked that a condition be included to require either John Laing Homes or The Irvine Company to mitigate and relocate the fence out to the property line and build a retaining wall to have the fence at that location. Planning Commission Minutes October 27, 1997 Page 3 Shirley Jensen, 2325 Pavillion Drive, Santa Ana, also lives in the county area above this project. She asked if the owners of the development were going to take full responsibility for the drainage from her property and the other properties that border Pavilion and Suddaby. She asked if another floorplan could be developed for the model proposed directly below her property. She is concerned that vehicle headlights will shine into her home as they do from the project above. She would like to have someone contact her concerning her property line since her fence was also moved. William Neuhauser, 12122 Theta Road, Santa Aha, stated his property abuts the common area on the north side. He has a wooden fence on his property which is not on the property line and because it is his property he has taken care of the strip by clearing the brush. He asked how the recreation area described as "Lot 0" will interface with his property. Bob Talifus, Wagner Pacific, civil engineers for John Laing Homes, stated that he met with Mr. Watilo and several ways to regain the level area of his yard were proposed. Wagner Pacific would like an opportunity to evaluate whether the best solution would be a retaining wall or reconstruction of the slope. Concerning drainage from the slopes of the unincorporated Orange County area, he stated that the project will continue to accept drainage from the properties above, intercepting it via the existing concrete V gutter, and sending it ultimately to a storm drain which would be constructed as part of the development to tie into the facility at Township. The master association will continue to maintain Lot "O" at the property line of Lots 48, 57 and 58; the retaining wall at Theta is not proposed to be changed and the wooden fence will not be affected. Daniel Fox stated that Condition 3.13 can be added in the Design Review Resolution to address the northern final edge treatment. Commissioner Kozak asked if that would include the entire stretch of property line between the proposed project and the existing single family homes. Daniel Fox affirmed. Michael Nerman, 2460 Kiser, asked when the homebuyer notification, Condition 9.1, about airport noise would be presented to homebuyers and what would the language of that document be. Daniel Fox stated that disclosure of that information is at the discretion of the home builder. J. David Conley, The Irvine Company, stated a separate disclosure is presented to the prospective buyer prior to entering into escrow and this is standard policy. Kirk Watilo asked for an assurance that The Irvine Company or John Laing Homes would deal with the grading problem to the satisfaction of the individuals involved. The Director stated that this matter is not an issue for the City to resolve and that staff recommends the proposed condition. The Public Hearing closed at 7:20 p.m. Commissioner Davert moved, Pontious seconded, adoption of Resolution No. 3550 approving the environmental determination for the project. Motion carried 5-0. Planning Commission Minutes October 27, 1997 Page 4 Commissioner Davert moved, Pontious seconded, adoption of Resolution No. 3551 recommending that City Council approve Zone Change 97-003, corrected as follows: page 2, paragraph 3, sentence 4, shall read, "A garage, except side entry garages as provided for in Sectors 8,9, and 10 above, shall not have a setback between 9- feet and 20-feet from the right-of-way line." Motion carried 5-0. Commissioner Davert moved, Pontious seconded, adoption of Resolution No. 3552 recommending that City Council approve Vesting Tentative Tract Map 15420, amended as follows: Exhibit A, page 2, add Condition 1.8 to read, "The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project." Exhibit A, page 18, Condition No. 9.1, add item (E.) to read, "Disclosure information related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. In addition, the CC&R's shall advise homeowners that MCAS, E1 Toro is scheduled for closure by the Department of Defense. Future uses of the base are not known with certainty at this time; however, on December 12, 1996, the Orange County Board of Supervisors endorsed a proposal to convert the facility to an international commercial civilian airport." Condition 9.3, last sentence shall read, "A copy of the executed notice shall be provided to the Community Development Department immediately upon close of escrow." Motion carried 5-0. Commissioner Davert moved, Pontious seconded, adoption of Resolution No. 3553, approving Design Review 96-057 modified as follows. Exhibit A, page 5, Condition 3.8, sentence 4, shall eliminate the word Kinsman Circle and replace with Township Drive. Exhibit A, page 6, add Condition 3.13 to read, "Final grading and fence design along the northern property boundary shall be redesigned to address the edge treatment and adjacent grades, subject to final approval of the Community Development Department." Motion carried 5-0. Zone Change 97-002, Tentative Parcel Map 97-164 and Design Review 97-016 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUESTS: CALIFORNIA PACIFIC EQUITIES, LLC AB REO IV, LLC NORTHWEST CORNER OF EDINGER AVENUEAND JAMBOREE ROAD PLANNED COMMUNITY - INDUSTRIAL (PC-IND) DISTRICT - JAMBOREE PLAZA DISTRICT REGULATIONS THIS PROJECT WAS ADDRESSED IN A PREVIOUSLY CERTIFIED NEGATIVE DECLARATION FOR JAMBOREE PLAZA AND A TIERED NEGATIVE DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AS DESIGNED AND CONDITIONED THIS PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. 1. ZONE CHANGE 97-002 - A request to modify Planning Area Boundaries within the Jamboree Plaza District Regulations; 2. TENTATIVE PARCEL MAP 97-164 - A request to subdivide approximately 8.2 acres into 20 numbered parcels and 3 lettered parcels to accommodate approximately 35,000 square feet of retail uses and approximately 85,000 square feet of Industrial/Business park uses for the buildout of Jamboree Plaza; and, 3. DESIGN REVIEW 97-016 - A request to review the proposed site plan, architecture and landscaping for the buildout of Jamboree Plaza. Planning Commission Minutes October 27, 1997 Page 5 Recommendation - That the Planning Commission: 1. Adopt Resolution No. 3554 o o o approving the environmental determination for the project; Adopt Resolution No. 3555 recommending that the City Council approve Zone Change 97-002; Adopt Resolution No. 3556 recommending that the City Council approve Tentative Parcel Map 97-164; and, Adopt Resolution No. 3557 approving Design Review 97-016. Presentation: Bradley Evanson, Assistant Planner Commissioner Davert asked if the applicant had agreed to the Conditions and asked if parking would be allowed at the 25' wide interior drive aisles. Bradley Evanson affirmed, except for the issue of the chain link versus the wrought iron fence. Parking would be allowed along the sides which conforms to City design standards. Commissioner Kozak commented that because access to the Metro Link rail station is through a private development he would like to see landscaping on the private portion to be compatible with the proposed public use. The Public Hearing opened at 7:35 p.m. Greg Butcher, applicant, stated that he has read the staff report and all the conditions are acceptable. California Equities is also concerned with the landscaping and has been working with the designers of the Metrolink station concerning the conceptual landscape standards. The Public Hearing closed at 7:40 p.m. Commissioner Kozak moved, Pontious seconded, to adopt Resolution 3554 approving the environmental determination for the project. Motion carried 5-0. Commissioner Kozak moved, Pontious seconded, to adopt Resolution No. 3555 recommending that City Council approve Zone Change 97-002. Motion carried 5-0. Commissioner Kozak moved, Pontious seconded, to adopt Resolution No. 3556 recommending that City Council approve Tentative Parcel Map 97-164, corrected as follows: Exhibit A, add Condition No. 1.5 to read, "The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project." Motion carried 5-0. Commissioner Kozak moved, Pontious seconded, to adopt Resolution No. 3557 approving Design Review 97-016. Motion carried 5-0. 5. Conditional Use Permit 97-009 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JL HARE ASSOCIATES, INC. STEELCASE, INC. 1191 WARNER AVENUE PLANNED INDUSTRIAL DISTRICT (PM) THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 3) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO MODIFY AN EXISTING MAJOR WIRELESS COMMUNICATION FACILITY. Planning Commission Minutes October 27, 1997 Page 6 Recommendation: - That the Planning Commission adopt Resolution No. 3549 approving Conditional Use Permit 97-009. Presentation: Daniel Fox, AICP, Senior Planner The Public Hearing opened at 7:40 p.m. Dan Hare, the applicant, stated that L. A. Cellular concurs with all of the conditions and asked if the Commission had any questions of him. The Public Hearing closed at 7:40 p.m. Commissioner Davert, referring to the photo simulation, stated that he believes that the cell antennas are far less obtrusive than the proposed design changes to the building. Chairman Mitzman agreed. Daniel Fox stated that the Ordinance requires a Conditional Use Permit for a roof mounted facility over ten feet in height. Some of the proposed antenna arrays are 12 feet. The existing condition photo does not take into account the rise in the height or the additional antennas. Both corners of the building will have a similar cap, flush on the building to look like a tower turret. An Exhibit showing what proposed Condition 3.2 would look like was not provided. Commissioner Davert moved, Pontious seconded, to adopt Resolution No. 3549 approving Conditional Use Permit 97-009. Motion carried 5- 0. REGULAR BUSINESS: 6. Status Reports Recommendation: - Receive and File Presentation: Daniel Fox, AICP, Senior Planner Commissioner Davert moved, Pontious seconded, to receive and file· Motion carried 5-0. STAFF CONCERNS: Report on Actions taken at the October 20, 1997 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Kozak Shared an article entitled, "Redeveloping the suburbs, a 90's Challenge" which had appeared in the Orange County Register. Commissioner Pontious Reported that four trees along Nisson between Browning and Mitchell are tilting heavily due to the last high winds. Planning Commission Minutes October 27, 1997 Page 7 Commissioner Browne Reported that the graffiti south of MicroCenter has reappeared. Commissioner Davert Inquired if the turn pockets at Yorba and east bound SR 55 could be combined to relieve congestion on Irvine Boulevard. Stack up is especially heavy between the hours of four and six in the afternoon. Douq Anderson, Traffic Engineer, stated that he would review the situation in light of Caltrans completion of work at that site. ADJOURNMENT: An MCAS, Tustin Specific Plan, Chapters 3, 4 & 5 is scheduled for 6:00 p.m. followed by the next regularly scheduled meeting of the Planning Commission on November 10, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Commissioner Davert moved, Kozak seconded, to adjourn the meeting at 7:52 p.m. to a MCAS workshop at 6:00 p.m. on November 10, 1997 followed by the regularly scheduled meeting of the Planning Commission at 7:00, City Council ChamBers, 300 Centennial Way, Tustin. Motion carried 5-0. HOW~ Chairman ELIZABETH BINSACK PLANNING COMMISSION SECRETARY