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HomeMy WebLinkAboutPC Minutes 08-11-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 11, 1997 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Pontious INVOCATION: Commissioner Kozak C o--.Li s s ioner s Present: Howard Mitzman, Chairman Scott Browne Douglass Davert Steve Kozak Leslie Pontious Staff Present: Elizabeth Binsack, Community Development Director Daniel Fox, AICP, Senior Planner Lois Bobak, Deputy City Attorney Sara Pashalides, Associate Planner Doug Anderson, Traffic Engineer Kathy Martin, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) CONSENT CALENDAR: (ALL MATTERS LISTED UNDER THE 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 July 28, 1997 Planninq Commission Meetinq. Commissioner Pontious moved, Kozak seconded, approval of the Consent Calendar. Motion carried 5-0. In reference to her comment regarding plantings at the water facility at Mitchell Avenue closest to Newport Avenue under Commission Concerns, Commissioner Pontious requested that rather than referring the matter to Public Works, she wished a letter to be sent to Irvine Ranch Water District. PUBLIC HEARINGS: Zone Chanqe 97-001, Fourth Amendment to the East Tustin Development Aqreement, Tentative Tract Map 14396, Desiqn Review 96-054 and Hillside Review 96-002. Location: Tustin Ranch Road, Pioneer Way, Peters Canyon Road, Lots 12, 13, 19, 24 & 25 of Tract 13627 Senior Planner Daniel Fox presented the staff report. In response to a question raised by Chairman Mitzman, Mr. Fox noted that all the pad sizes are the lot sizes. The Public Hearing opened at 7:17 p.m. Planning Commission Minutes August 11, 1997 Page 2 Dave Conley, The Irvine Company, thanked City staff and Tustin Unified School District for working with them on the plan for the last 10 months. He noted that they are in agreement with all of the conditions of approval except Condition 2.9 of Resolution 3539 regarding on-street parking. He requested that the Planning Commission delete this condition. He distributed illustrations to the Commission. Richard Roy, HRP Design, stated the illustrations contain sample lots showing that three additional guest spaces could easily be included on each site. Commissioner Pontious - requested that she would like to have Street A widened. Dave Conley - responded that they could compromise and widen Street A. Chairman Mitzman asked how street widths on other custom home developments in the County compare to this project. Dave Conley stated that other developments have narrower streets. Gary Hasell, 18612 Silver Maple Way, asked if a wall or fence would be installed at the edge of the property line adjacent to the County properties and if there would be access to the existing properties. Bruce D'Eliscu, Catellus - stated that his company is building custom homes on Newport Coast which are similar to the lot sizes of this project. Chairman Mitzman asked how many lots were in the subdivision and how many were sold and occupied. Bruce D'Eliscu - replied that there are 30 lots which have been selling for 8 months. The first home will be delivered next month. Ron Davidson, 2197 E. Lemon Heights Dr., stated his concern with the proposed project interfering with his privacy and security, and noted that his home should have been included on the model. Commissioner Browne - asked if Mr. Davidson could indicate where his property is on the map. Mr. Davidson indicated on the exhibit the location of his property. The Public Hearing closed at 7:35 p.m. Dan Fox - indicated that the majority of lots are lower than surrounding existing residences in the County. Ail graded slopes will be replanted and irrigated. Perimeter fence treatment will remain the same with private property owners fencing on County side, or some type of wire fencing along The Irvine Company property. The Public Hearing opened at 7:38 p.m. Dave Conley - indicated that a block wall is not proposed between the property and the unincorporated property. Chairman Mitzman - asked what will replace trees removed as part of the reforestation plan. Dave Conley - replied that trees will be replaced on a 1-1 ratio. Larger specimen type trees would be used along Street A. Planning Commission Minutes August 11, 1997 Page 3 Commissioner Pontious - asked if anything in agreement indicates how high homes can be built. the development Dave Conley - replied that the Company will develop design guidelines. Commissioner Browne - asked about the main entrance site distance and how much in excess of 45-50 miles per hour does the Company expects vehicles to drive. Joe Foust Austin Foust, traffic engineer, responded that speeding will be discouraged but if speeding occurred, the sight lines would be acceptable. Chairman Mitzman - asked the traffic engineer for his insight, on parking and traffic on other custom lot projects. Joe Foust - noted that the number of cars and trips does increase with homes of this size, and homeowners of estate lots generally do not park their cars on streets. Chairman Mitzman - asked if parking is allowed on the streets. Joe Foust - indicated that estate lots do not have "No Parking" signs. Commissioner Kozak - asked if the design guidelines would include line of sight criteria for homes along the existing property line and if there were going to be stipulations in the CCRs requiring five on-site spaces. Dave Conley - stated that, in most cases, the lots are lower than existing properties, therefore line of sight was not a concern, and and the CCR's would contain requirements for on-site parking. Bill Tucker, 2195 E. Lemon Heights, indicated that he is pleased with this plan and encouraged The Irvine Company to have rodent control. Dan Fox - approached the exhibit and stated that Lot 44 is approximately 10 feet higher than the edge condition right now and is setback approximately 50 feet from the property line. He also indicated that the slope would be irrigated and replanted. He noted that the adjacent tennis court elevation will be the same as the proposed building pad. He noted Mr. Davidson's property was not included on the map because it is set back significantly from the property. Ron Davidson - indicated his disappointment that his property will be visible from the development. The Public Hearing closed at 7:54 p.m. Commissioner Davert - indicated his concerns with parking and traffic circulation and his agreement to waive Condition 2.9, with the company's concession on the widening of A Street, and noted that he would like additional mitigation on impacts to North Tustin residents. Commissioner Kozak - stated his concern with the complaints of Lemon Heights residents and that Condition 2.9 could be changed to read only "Street A". Commissioner Pontious - indicated she would also like the on-site parking requirement included within the CCR's. Planning Commission Minutes August 11, 1997 Page 4 The Director stated that is a requirement of the East Tustin Specific Plan as part of the zoning district and it would be appropriate to include the requirement in the CCR's. Commissioner Pontious moved, Davert seconded, to adopt Resolution No. 3536 reco~Lending that the City Council re-certify Final EIR 85-2, as modified by Addendum No. 7, prepared for this project. Motion carried 5-0. Commissioner Pontious moved, Davert seconded, to adopt Resolution No. 3537 recommending that the City Council approve the Fourth Amendment to the East Tustin Development Agreement. Motion carried 5-0. Commissioner Pontious moved, Davert seconded, to adopt Resolution No. 3538 recommending that the City Council approve Zone Change 97- 001. Motion carried 5-0. Commissioner Pontious moved, Davert seconded, to adopt Resolution No. 3539 recommending that the City Council approve Tentative Tract Map 14396 amended as follows: Condition of Approval 2.9 to read: "Street "A" shall be widened to a minimum of 32 feet flow line to flow line. Parking areas shall be identified on the site plan, street improvement plans and final map, as approved by the Community Development Department. A deed restriction shall be recorded on all Lots with access to Streets "B" - "0" indicating that all parking shall be provided on-site, subject to the approval of the City Attorney and Community Development Department." Condition of Approval 8.1, add "U. Disclosure to all future homeowners and purchasers of property information related to parking requirements required by the East Tustin Specific Plan." Motion carried 5-0. Coa-m%issioner Pontious moved, Davert seconded, to adopt Resolution No. 3540 approved Design Review 96-054 and Hillside Review 96-002 amended as follows: Under Plan Submittal, add Condition of Approval 2.2 to read "The applicant shall prepare comprehensive design guidelines for the project, including architecture, siting, lines of sight with consideration given to minimize impacts to adjacent county residents. Said guidelines shall be subject to Planning Commission approval prior to issuance of any building permits for individual residences." Motion carried 5-0. Vestinq Tentative Parcel Map 97-117, Conditional Use Permit 97-005 and Desiqn Review 97-009. Location: 535 East Main Street Chairman Mitzman - disclosed that he is involved with a property on Edinger in the south part of Tustin that will have a similar application as Item #3. He noted that he is not the applicant and has not reviewed the plans. He further stated that he does not have a conflict and participated in the deliberations. Sara J. Pashalides, Associate Planner presented the staff report. The Director indicated that if the Planning Commission chooses to depart from the guidelines that were established by the City Council, a variance would not be required. She directed the Commission to the last half of Attachment D noting the examples of car washes with visible drying areas. The Public Hearing opened at 8:18 p.m. Linda Jenninqs - 350 S. 'B' Street, member of the Cultural Resources Advisory Committee, stated her opposition to the design of the site at Main Street and Newport Avenue. She requested that the architecture be redesigned with a more appropriate gateway for historic Old Town. Planning Commission Minutes August 11, 1997 Page 5 Ramesh Bajaria, property owner stated his commitment to a quality product and that he is pleased with the design. Howard Ferrand, owner stated they had worked on the project for quite some time and apologized that the site does not allow them to design the project the way the City would like. Stated his belief that the site has been greatly improved since they became owners. Ray Patel, manager, Tustin Auto Wash stated that customers are happy with the service and ask when a better facility will be built. Greg Bennett, architect, addressed the Commission minutes and thanked staff for their expeditious processing of the project and the City for waiving fees on the project. He summarized the site plan and materials being used for the project. He distributed information to the Commission and indicated that the car wash would be an economic benefit for the City. He distributed copies of signatures obtained from car wash patrons indicating their support for the project. He indicated that the guidelines are 18-22 years old and that most of the document is no longer applicable. He stated that staff's photos are all car washes with gas stations, unlike this project. He stated his wish to satisfy his client's business goals and to create a facility that is economically viable for the future. Lois Bobak - asked for copies of the documents Mr. Bennett distributed to the Planning Commission for the public record. Greg Bennett - stated that staff has all the documents he distributed. He recommended that Condition No. 2.10, A, B, C and D of Resolution 3534 be deleted. He indicated that if the project is approved, with Conditions A, B, C or D, the project will not be built. He displayed a new illustration showing additional landscaping. The Director - indicated that all documents submitted tonight will remain with the City as part of the public record and staff has not had the opportunity to review what has been submitted. John DeWitt, president J.E. DeWitt, stated that he will not finance the project with the building blocking access to the gasoline dispensers. Greq Bennett - presented staff with a complete copy of exhibits presented. Jerry Higashi, property owner, 335 Centennial Way, stated his concerns with noise since the car wash would be closer to his property. He inquired about the need for the 30 foot tower on the car wash building. Richard S. Rockwell, property owner 315 Centennial Way, stated his concerns with noise and would like to see mitigation, such as walls or barriers. He indicated that the current plan calls for the car wash to be against his back hedge. Kathy Weil, 1702 Summerville, stated that she works across the street from the car wash and the owners have done a beautiful job of landscaping at Newport Avenue and she would like to see them continue in that tradition. She stated that the new proposal that Mr. Bennett displayed addresses her concerns better than the original proposal. She agreed with Linda Jennings about the proper handling of this gateway to Old Town and noted that the massiveness of the retail design is inappropriate and is opposed to the configuration of pumps and bays. She encouraged the Commission to approve the project with City standards because she sees no need for any variances. She asked if the driveway would be wide enough Planning Commission Minutes August 11, 1997 Page 6 for people to avoid a right angle turn into project which would impact traffic flow on Newport Avenue Douq Anderson, indicated that new commercial curb cuts are proposed that allow for access at higher speeds. The Director - noted that the Commission has a memorandum from David Gottlieb, Senior Redevelopment Project Manager with the City's Redevelopment Agency, responding to a letter that was addressed to the Planning Commission related to the economic benefits of this project. The memorandum identifies that the RDA staff has not done an in-depth fiscal analysis of the project and will in the future if appropriate to do so. The Public Hearing closed at 8:57 p.m. The Director summarized the issues that the Commission raised. Commissioner Pontious - commended the property owners for the upgrades that they have done over the years but stated her concern about the development due to over intensification of the site. She stated her agreement with staff that the retail building is not in keeping with the area. She stated her concern about driveway access on Newport Avenue. Commissioner Kozak - thanked the property owner and architect for the work they have done on this proposal, and suggested that some changes in the architecture and landscaping might make the project more viable. He suggested extension of the landscaping treatment further down Newport Avenue toward the intersection. He also suggested landscaping or other materials to mitigate the noise concerns of adjacent property owners. Commissioner Davert - commended the property owner for taking the time to present this proposal. He stated that reinvestment in the City is important. He noted that Mr. Bennett mentioned that the existing guidelines do not refer to car washes. He stated that car washes are specifically mentioned in the definitions section of the guidelines. He stated his concern with setting a precedence by departing from the guidelines without any real exigent circumstances. He stated his belief that the applicant's inflexibility on the design is due to the desire to continue operations of the current car wash while the new car wash is being built. He stated his concern with approving a design to preserve the current operation during the period of construction. The Public Hearing opened at 9:08 p.m. Commissioner Browne asked if the individuals who signed the document were looking at a model. Greq Bennett - stated that they were looking at a rendering. Commissioner Browne - noted that only half of the signatures are residents of Tustin and the rest are from other communities. Greq Bennett - stated that a count was done and 70 percent of the signatures are from Tustin, 20 percent are from the County and the balance were from other cities. Commissioner Browne - asked if anyone was committed for the retail space. Greq Bennett - responded that no one is committed to the space but they are working with a bank who has expressed interest in investing and/or purchasing the site. Commissioner Browne - asked during peak period how many cars would simultaneously be in the drying area. Planning Commission Minutes August 11, 1997 Page 7 Greq Bennett - responded at least 18 at any one time but that once that figure is reached, they slow down the queuing. Commissioner Browne - asked if the reason for this alignment is because Chevron will not help fund the development unless it meets these qualifications. John DeWitt stated that he was associated with Texaco. Greq Bennett - stated that it is physically not possible to alter the plan given the constraints of the site. The Public Hearing closed at 9:14 p.m. Chairman Mitzman - stated that the site is in dire need of redevelopment and does not believe there is a perfect solution because of the odd shape of the site. Stated his concern with how the project would appear from Newport Avenue. He suggested a computer generated visual impact report be done. He stated his concern with noise impacts and that he would not feel comfortable voting either way on the project at this point. Commissioner Davert - stated that he could not vote on the project due to a lack of information. Commissioner Pontious - concurred with the other Commissioners. She stated that a car wash is a very noisy operation she has concerns about the office buildings. She stated that she would like to deny the project or at the very least continue the project for more investigation. Commissioner Mitzman - stated that he does not want to deny the project but that he would like to continue the hearing. The Director summarized the Commission's concerns. She identified that staff does not have the capability to generate a photographic simulation of what the on-site operations would include. She stated that staff can create schematics consistent with guidelines for the applicant and Planning Commission's consideration. She recommended a 30 day continuance to allow the applicant and staff to work together on those issues. She stated that the Commission needs concurrence on the record from the applicant for the continuance. Commissioner Browne - stated his concern about lack of direction to the applicant and that a major disagreement still exists between staff and the applicant about whether the project should be reversed. Chairman Mitzman - stated that he is not opposed to the current configuration, but he has not decided about the elimination of one tower. Commissioner Pontious - stated that reversing the site would alleviate her concerns with noise and that she would like to look at other options. Commissioner Browne - clarified that if the applicant is asked to reverse the configuration, there will be no development. Commissioner Pontious - noted that the Commission cannot approve a project based solely on its economic viability, nor can the Commission grant variations based on economics. Commissioner Davert stated that he feels that there is an artificial barrier with the configuration to be able to continue operations during construction. He stated that he believes the site would be more flexible without the existing car wash. Planning Commission Minutes August 11, 1997 Page 8 Commissioner Kozak - indicated that he would like to see comparisons of revenues generated to the City by this project versus another type of use on the site. Chairman Mitzman - asked the City Attorney to clarify what the Commission can and can not do regarding reviewing projects on a financial basis. Lois Bobak - replied that the Commission cannot take financial matters into consideration in determining whether a variance should be granted. Commissioner Kozak noted that if the site cannot be developed as proposed, then the flipping of the site is a moot point and the Commission should know that. The Director - noted that not every use is appropriate for every site. She encouraged the Commission to look at the sites identified in the photographic attachment. She noted that some of those sites, including Texaco and Chevron stations, have the flipped design. She indicated that staff can investigate those sites if that would be of benefit to the Commission. Chairman Mitzman - asked the applicant if he agrees to the continuance. Greq Bennett - indicated that he has a problem with the direction as described by staff. He stated that the use has to stay within the constraints and he will agree with continuance if given better direction. He stated that the guidelines are discretionary and findings are not necessary to waive a guideline. The Director - stated that it would be appropriate to discuss the issue among the Commissioners and they should develop a consensus and direct staff as appropriate. Commissioner Davert - stated that he feels the Commission has a take it or leave it proposal on the table and that his primary concern is the view of that corner. Commissioner Pontious - stated she would need a strong reason to grant an exception to the guidelines. Commissioner Browne asked if the applicant stated that car wash operations would continue while the new car wash is being built. The Public Hearing opened at 9:35 p.m. Greq Bennett - stated that the continued operation of the car wash is not a requirement of this development. The Public Hearing closed at 9:42 p.m. Chairman Mitzman - asked the applicant if he had enough staff direction to agree to the continuation. The Director stated that if the applicant does not agree to a continuance, it would be appropriate for the Commission to request that staff bring back a resolution of denial. The Commission decided to conduct a straw vote. Four of the five Commissioners stated that they would be comfortable with the building configuration with modifications. The Planninq Commission provided direction on site modifications and continued the hearinq to the September 22, 1997 Planninq Commission Meetinq. The Commission took a five minute break at 9:42 p.m. Planning Commission Minutes August 11, 1997 Page 9 The meeting resumed at 9:49 p.m. REGULAR BUSINESS: 4. 1997-98 Planninq Commission/Community Development Department Work Proqram Recommendation: That the Commission consider the Year In Review and Work Proqram and provide input as deemed appropriate. Presentation: Elizabeth A. Binsack, Community Development Director Commissioner Kozak - asked how the building activity report is compared to last fiscal year. The Director replied that revenues are higher because some projects came in this fiscal year rather than last year. She stated that staff can provide copies of the building activity reports to the Commission on a monthly basis if the Commission is interested. Commissioner Pontious - asked if the home business ordinance would fall under the business license ordinance amendment. The Director - affirmed. Commissioner Mitzman moved, Browne seconded, to receive and file this report. Motion carried 5-0. 5. Proposed Sign Code Brochure Presentation: Elizabeth A. Binsack, Community Development Director The Director summarized the contents of the Sign Code Brochure. Commissioner Pontious - asked if window signage was included on the brochure. The Director - responded that window signage was not included on the brochure but should have been and will be added under Temporary Signs. STAFF CONCERNS: 6. Report on Actions taken at the Auqust 4, 1997 City Council Meetinq. Presentation: Elizabeth Binsack, Community Development Director The Director reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert - Congratulated Christine Shingleton on her appointment to President of National Association of Installation Developers (NAID). - Requested a directory of Planning Commission, City Council and City staff phone numbers. The Director stated that staff would send that information to all the Planning Commissioners. Planning Commission Minutes August 11, 1997 Page 10 Commissioner Kozak Stated that he would not be attending the August 25, 1997 Planning Commission meeting. Commissioner Pontious Inquired about the time of the MCAS workshop prior to the next Planning Commission meeting. After discussion between staff and the Commission, it was decided that the workshop would take place at 5:30 p.m. on August 25, 1997. A recording will be provided to Commissioner Kozak. Chairman Mitzman Inquired about the City's progress on an Internet home page for the City of Tustin. The Director stated that the Police Department currently has a home page. The City Manager's office is working on a home page for City Hall. Staff will provide the Commission with a timeline for the project at a later date. Noted that the auto dealers are still using the Costco parking lot for excess vehicles. The Director stated that staff would look into this matter. Noted that he has had complaints about early morning construction at the apartment site and asked if staff could send the police to the site to issue citations. The Director stated that the Police and Building Departments will be notified. - Welcomed the two new Planning Commissioners. ADJOURNMENT: Chairman Mitzman moved, Pontious seconded, to adjourn the meeting at 10:05 p.m. to a 5:30 p.m. workshop on August 25, 1997. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on August 25, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. HOWARD A. ~-I~ CHAIRMAN ELIZABETH A. BINSACK PLANNING COMMISSION SECRETARY