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HomeMy WebLinkAboutPC Minutes 02-24-97MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING FEBRUARY 24, 1997 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL Commissioners Present: Staff Present: 7:00 p.m., City Council Chambers Commissioner Steve Kozak Commissioner Dave Vandaveer Lou Bone, Chairman Howard Mitzman Leslie Pontious David Vandaveer Steve Kozak Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Greg Gubman, Associate Planner Barbara Reyes, Recording Secretary PUBLIC CONCERNS: There were no public concerns. CONSENT CALENDAR: 1. Minutes of the February 10, 1997 Planninq Commission Meetinq. Commissioner Pontious moved, Kozak seconded approval of the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: Vestinq Tentative Tract Map 14797, Hillside Review 96-001, Desiqn Review 96-045 And Conditional Use Permit 96-03R APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CATELLUS RESIDENTIAL GROUP 5 PARK PLAZA, SUITE 400 IRVINE, CA 92714 ATTENTION: MR. BRUCE D'ELISCU THE IRVINE COMPANY P.O. BOX I NEWPORT BEACH, CA 92658-8904 ATTENTION: MR. DAVID CONLEY LOT 11 AND PORTIONS OF LOTS KK, LL AND NN OF TRACT 13627; NORTHWESTERLY CORNER OF PIONEER ROAD AND JAMBOREE ROAD MEDIUM DENSITY RESIDENTIAL (10 UNITS PER ACRE MAXIMUM DENSITY)/HILLSIDE DISTRICT - EAST TUSTIN SPECIFIC PLAN (ETSP) THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. 1. TO SUBDIVIDE A 29.47-ACRE SITE INTO 122 NUMBERED LOTS AND 36 LETTERED LOTS FOR THE Planning Commission Minutes February 24, 1997 Page 2 o PURPOSE OF DEVELOPING 122 SINGLE-FAMILY DETACHED DWELLING UNITS; APPROVAL OF A CONDITIONAL USE PERMIT FOR A CLUSTER DEVELOPMENT PURSUANT TO THE CLUSTER DEVELOPMENT STANDARDS OF THE EAST TUSTIN SPECIFIC PLAN; APPROVAL OF THE PROPOSED SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROJECT; DETERMINATION THAT THE CONCEPTUAL GRADING PLANS, LANDSCAPE DESIGN AND DEVELOPMENT PLAN ARE CONSISTENT WITH THE POLICIES AND GUIDELINES OF THE HILLSIDE DISTRICT REQUIREMENTS OF THE EAST TUSTIN SPECIFIC PLAN. Recommendation That the Planning Commission take the following actions: Adopt Resolution No. 3514 approving the Environmental Determination for the project; Adopt Resolution 3515 approving Conditional Use Permit 96-032, Design Review 96-045 and Hillside Review 96-001; and Adopt Resolution No. 3516 recommending that the City Council approve Vesting Tentative Tract Map 14797. Commissioner Mitzman abstained due to a conflict of interest. The Public Hearing opened at 7:05 p.m. Presentation: Greg Gubman, Associate Planner Commissioner Pontious asked for verification of the second fire access at the north area along Pioneer Road. Greq Gubman stated that the Fire Department is satisfied with a single access and has not required a second access. Commissioner Bone asked if the private streets of this project could be changed to public streets at a later date. The Director stated that any residents of a private streets have the ability to petition the City to accept their private streets under certain conditions. Commissioner Bone recommended adding conditions to require that should the streets ever be accepted by the City that the streets meet City standards. Commissioner Pontious agreed with Commissioner Bone's comment. Commissioner Bone expressed concern about the fire danger from eucalyptus trees and asked why these trees were chosen for this area. Daniel Fox stated there is no concern from the Fire Department on this application of eucalyptus trees since they will be irrigated and maintained by a Homeowners Association. Bruce D'Eliscu, Vice President, Catellus Residential Group, stated they could take a second look at the eucalyptus tree question, but thought the plan followed the tree pallet dictated by the Tustin Ranch plan. Daniel Fox stated that the majority of the trees within the west end fire zone portion of the development are listed as coast live oak and pepper trees. Planning Commission Minutes February 24, 1997 Page 3 Bill Klassen, Douglas Bender and Associates, civil engineers for the project, asked the Commission to reword the language in Resolution 3515, page 8, Condition 4.3 which concerns rooflines extending above the ridgeline. He stated that in Section 16 at the north end of the project off of "G" Street, the ridgeline is depressed and there are rooflines, based on the grading plan, which extend approximately three feet above the ridgeline. Landscaping is planned for Lot 95 which should serve as a screen from any view across the ridgeline. The site could be regraded to lower the pads three feet but the additional grading and retaining walls required would be a considerable additional expense to Catellus. Commissioner Bone asked if this occurred on one lot. Bill Klassen stated there were actually two lots involved. Commissioner Bone asked if there would be drainage problems due to lowering the pads three feet. Bill Klassen responded there would be no drainage problems but there would be an additional expense in adding three foot retaining walls around approximately six lots and lowering the street which rises to that location. The Director stated that the Hillside Guidelines and Grading measures were clear and should have been complied with during site development of this tract. Commissioner Pontious stated that the precedents that this would set are a concern. Commissioner Bone agreed, this is a sensitive area and would set a precedent. Commissioner Kozak stated that since the grading is not complete the modifications could be accomplished on site quite easily at this point without a rewording of the Resolution condition. Commissioner Bone asked how the phases would be sold; if Catellus was aware of the Noise Ordinance provisions; and, if there were any changes anticipated in any of the plans. Bruce D'Eliscu stated that the phasing has been done so that as residents are moved in there would be other avenues to move the construction traffic through. Mr. D'Eliscu stated he was aware of the construction hours noted in the staff report and there are no anticipated changes in the plans. The Public Hearing closed at 7:40 p.m. Commissioner Kozak commented that he likes the greenbelt treatment over the easement and supports staff recommended actions. Commissioner Vandaveer commented that he also liked the greenbelt area and supported the project. Commissioner Bone stated that he was pleased with the project and especially appreciated the reduction of the original ten units per acre to four units per acre. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3514 approving the Environmental Determination for the project. Motion carried 4-0. Planning Commission Minutes February 24, 1997 Page 4 Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3515 approving Conditional Use Permit 96-032, Design Review 96-045 and Hillside Review 96-001. Motion carried 4-0. Commissioner Pontious moved, Vandaveer seconded, to adopt Resolution No. 3516 recommending that the City Council approve Vesting Tentative Tract Map 14797 amended as follows: Exhibit A, Condition 8.1, add Item "Y" to read, "Ail streets within this development are private and shall be maintained by the Homeowners Association. Should, at any time in the future, the Homeowners Association request that the City accept the streets as public streets, the Homeowners Association shall be responsible for modifying all streets to meet the then most current public street standards, including but not limited to: 1)removal of the vehicle gates; 2) Modification to the outside radius of the knuckles at corner intersections; 3) Addition of sidewalks in the private drives; and, 4) Compliance with the then current Americans With Disabilities Act (ADA), particularly related to sidewalks, corner ramps and driveway aprons". Motion carried 4-0. The Director stated that the applicant has the ability to appeal any of the conditions of approval to the City Council; however, with respect to the specific condition related to Lot 95 staff will have to research the City's Ordinance to determine if the applicant can request a variance from that standard. REGULAR BUSINESS: 3. Status Update On Abandoned Siqn Poles at 13922 Red Hill Avenue Presentation: Daniel Fox, Senior Planner, AICP Commissioner Vandaveer abstained from comment on this item due to conflict of interest. Commissioner Pontious stated she is in favor of the recommended action if there is an effort to market the property. Carl Greenwood, 440 West First Street, Suite 201, stated that a portion of the property is close to being sold to a substantial REIT with a commitment to upgrade the shopping center. The poles may be an incentive to attract tenants to the shopping center. Commissioner Bone asked if Mr. Pankey owned the vacant lot on the southwest corner of E1 Camino and Red Hill. Carl Greenwood stated Mr. Pankey does not, but does own the northwest corner. Lois Bobak, Deputy City Attorney, noted that lack of enforcement of the provisions of the Sign Ordinance which would require the removal of those pole signs, should not be interpreted as any guarantee or suggestion that staff will recommend approval of the project or that the City will approve the project which contains those existing pole signs. Commissioner Kozak asked for an update on the progress at the end of May. Daniel Fox stated that staff could present an updated report the first meeting of June 1997. Planning Commission Minutes February 24, 1997 Page 5 By minute action, the Commission approved the recommendations contained in the report and requested that a status update be provided by staff at the first meeting of June 1997. 4. Status Reports Presentation: Daniel Fox, Senior Planner, AICP Commissioner Pontious moved, Vandaveer seconded, to receive and file this report. Motion carried 5-0. STAFF CONCERNS= 5. Report on Actions taken at the February 18, 1997 City Council Meetinq. Presentation: Elizabeth A. Binsack, Community Development Director The Director reported on the subject agenda. In response to the Commission request to be informed, staff reported that L.A. Cellular would be conducting radio tests at the Edinger site, Tuesday, February 25, 1997 from 10=00 a.m. to noon. COMMISSION CONCERNS= Commissioner Pontious - Stated she would be traveling to Scotland and although will be returning on March 10, 1997 and will try to attend that meeting. Commissioner Mitzman - Inquired about the closure of Chuy's Restaurant. The reason for the immediate and unannounced closure is not known by staff, however the Director will forward a letter of inquiry to them asking the reason for the closure. Commissioner Kozak Reported that he attended insurance and risk management meetings in San Diego at which local agency liability and risk transfer for architects and engineers was discussed. Requested an additional report from staff at the June 9, 1997 meeting concerning development opportunity, lot assemblage activities or improvements for the properties, 1) across from the Pankey site at the Old Texaco station; 2) at Nisson and Newport across from the Carls Jr. development and, 3) at the Alta Dena site on Newport. Staff will comply with this request. Inquired as to queuing information that he had requested from the Traffic Engineer at Newport and Holt and the driveway by the restaurant. Planning Commission Minutes February 24, 1997 Page 6 Commissioner Vandaveer Reported that the property owner at 1111 E1 Camino Real had inquired as to why a bus shelter was being placed in front of his property. The concern is that the sidewalk is being restricted. Reported that Phil Cox had installed all the signs for Old Town and they have all withstood the recent winds. Commissioner Bone Would like to see the report on properties as requested by Commissioner Kozak to include the property behind Sizzler. He has observed trucks parked over the weekend at the dirt lot behind Sizzler and asked if Code Enforcement had a cellular phone so that they can be called on weekends. The Director stated that no cellular phone is available but that Code Enforcement can be contacted through the Police Department. She also reported that Code Enforcement Officer Mark Galvan has been out on medical leave. Reported snipe signs on the telephone poles all the way along Red Hill Avenue. ADJOURNMENT: Commissioner Vandaveer moved, Pontious seconded, to adjourn the meeting at 8:07 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on March 10, 1997 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. LOU BONE Chairman BARBARA REYESC/ Recording Secretary