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Home My WebLink AboutPC Minutes 04-22-96 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 22, 1996 CALL TO ORDER: 7:03 p.m., City Council Chambers PLEDGE OF ALLEGIANCE- Commissioner David Vandaveer INVOCATION Commissioner Marjorie Kasalek ROLL CALL Commissioners Present: Marjorie Kasalek, Chairwoman Lou Bone, Vice Chairman Nanette Lunn David Vandaveer Howard Mitzman Staff Present: Elizabeth Binsack, Community Development Director Lois Bobak, Deputy City Attorney Daniel Fox, Senior Planner Rosa Ceja, Assistant Planner Barbara Reyes, Planning Commission Recording Secretary PUBLIC CONCERNS: No one from the audience addressed the Commission. CONSENT CALENDAR: 1. Minutes of the April 8, 1996 Planninq Commission Meetinq. 2. Final Tract Map 14410 Recommendation - That the Planning Commission adopt Resolution No. 3434 recommending that the City Council approve Final Tract Map 14410. Commissioner Vandaveer moved, Bone seconded, to approve the Consent Calendar. Motion carried 4-0. Commissioner Mitzman abstained due to his absence at the last meetinq. PUBLIC HEARINGS Amendment To Vestinq Tentative Tract Map 13908 and Design Review 95-042 (PUBLIC HEARING CONTINUED FROM MEETING OF APRIL 8, 1996) APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BRAMALEA CALIFORNIA TRACT 13908 PLANNED COMMUNITY RESIDENTIAL THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO ADD THREE ADDITIONAL PRODUCTION UNITS TO THE BUILD-OUT OF THE EXISTING RESIDENTIAL DEVELOPMENT Planning Commission Minutes April 22, 1996 Page 2 Recommendation - That the Planning Commission continue this project to the May 13, 1996 Planning Commission to allow the applicant and residents additional time to discuss and resolve outstanding concerns. Presentation: Daniel Fox, AICP, Senior Planner Commissioner Vandaveer moved, Lunn seconded, to continue this item to the May 13, 1996 meeting of the Planning Commission. Motion carried 5-0. 4. General Plan Amendment 96-002, Amendment To Tentative Tract Map 14022, Variance 96-001 and Desiqn Review 96-002 APPLICANT: OWNER: ZONING: ENVIRONMENTAL STATUS: REQUEST: BRANDYWINE DEVELOPMENT CORPORATION JAMES L. BARISIC WEBBER FAMILY TRUST LOCATION: 1062 & 1082 WASS STREET SUBURBAN RESIDENTIAL DISTRICT (R-4) THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED NEGATIVE DECLARI~TION. 1. TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM "LOW DENSITY RESIDENTIAL" TO "MEDIUM DENSITY RESIDENTIAL"; 2. TO AMEND THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP TO ACCOMMODATE NINE (9) DETACHED CONDOMINIUMS; 3. TO INCREASE THE MINIMUM HEIGHT OF THE PERIMETER FENCE WITHIN THE FRONT YARD SETBACK FROM 3 FEET TO 6 FEET AND REDUCE THE REAR YARD SETBACK FOR TWO UNITS FROM 25 FEET TO 9'-6"; AND, 4. TO APPROVE THE PROPOSED SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROJECT. Recommendation That the Planning Commission: Approve the Environmental Determination for the project by adopting Resolution No. 3435; o Recommend that the City Council approve General Plan Amendment 96-002 by adopting Resolution No. 3436; Recommend that the City Council approve Amendment to Tentative Tract Map 14022 by adopting Resolution No. 3437, as submitted or revised; and o Approve Design Review 96-002 and Variance 96-001 by adopting Resolution No. 3438, as submitted or revised. Presentation: Daniel Fox, AICP, Senior Planner The Public Hearing opened at 7:12 p.m. Jim Barisic, President, Brandywine Development Corporation, stated he has reviewed the staff report in detail and would be glad to respond to any concerns. Commissioner Bone, stated he was concerned about the 21 parking spaces since each of the units have a potential for three drivers which would require 27 parking spaces. Planning Commission Minutes April 22, 1996 Page 3 Jim Barisic stated the homes were designed for young professional couples. There is potential for adding a few additional spaces on site but that would mean sacrificing some of the landscaping. Commissioner Kasalek asked if on street parking was available. Dan Fox stated that Wass Street was a public street with available parking on both sides of the street for guests or overflow parking. Commissioner Vandaveer stated that a backyard of nine feet, six inches seemed too small to him. Jim Barisic stated that although the yards are not deep they are wide which he feels is more appropriate for this product. Pat Lester, 12932 Newport Avenue, representing the Red Hill Center, stated he has a major concern with the fact that potential residents of this adjoining property may ultimately complain about noise, security lights, garbage and drainage from the center. He would like to see a disclosure issued to the new homeowners. Jim Barisic stated that the apartments next door have been there for many years and he has not heard of any complaints about the center. He stated there is no problem with potential owners signing disclosures, and that drainage is not a concern. Mr. Barisic further stated that because of the eight foot wall screen buffer, noise from the center will not impact the site directly. Pat Lester stated he was not clear as to who was responsible for the drain. Dan Fox stated that the engineering and building departments are comfortable with the hydraulics and drainage issues related to this project. Jim Barisic stated that the water is subterranean and he is required to have drains under his property. Richard Webber, owner of the adjacent apartments, stated that in 25 years of ownership there have been two severe storms and the drain has always been adequate. Concerning the lighting, he also has Edison lights on the back of his property and he believes people are in favor of lighting as a deterrent against crime. The Public Hearing closed at 7:47 p.m. Commissioner Mitzman stated he was concerned about the density and that the homes will have no driveways which suggests a parking problem. Commissioner Vandaveer stated he feels the backyards are too small. Commission Kasalek stated this product serves a need, and the development meets all of the code criteria therefore, she is in favor of the product. Commissioner Bone stated that this project was approved previously; was before the Commission now because of a change in the general plan and because the product is now offered as detached. He stated that this plan will compliment the area and he supports the project. Commissioner Lunn supported the project, and liked the fact that the units are detached. Planning Commission Minutes April 22, 1996 Page 4 Commissioner Bone moved, Lunn seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3435 as submitted. Motion carried 5-0. Commissioner Bone moved, Lunn seconded, to recommend that the City Council approve General Plan Amendment 96-002 by adopting Resolution No. 3436 as submitted. Motion carried 3-2. Commissioners Mitzman and Vandaveer opposed. Commissioner Bone moved, Lunn seconded, to recommend that the City Council approve Amendment to Tentative Tract Map 14022 by adopting Resolution No. 3437 as submitted. Motion carried 3-2. Commissioners Mitzman and Vandaveer opposed. Commissioner Bone moved, Lunn seconded, to approve Design Review 96-002 and Variance 96-001 by adopting Resolution No. 3438 revised as follows: Condition 1.6 added to read, "Prior to issuance of building permits, the applicant shall submit a disclosure statement for review and approval by the Community Development Department and City Attorney. The statement shall include disclosure of the proximity of the adjacent commercial center to the west and the potential for noise, lighting and activity associated with the operation of the center, when operating in accordance with the Tustin Municipal Code. Said notice shall be executed by the future owners(s) prior to the close of escrow and placed on file with the Community Development Department." Motion carried 3-2· Commissioners Mitzman and Vandaveer opposed. REGULAR BUSINESS: 5. Status Reports Received and Filed STAFF CONCERNS: Report on Actions taken at the April 15, 1996 City Council Meetinq. The Director reported on the subject agenda. New employee, Rosa Ceja, Assistant Planner, was introduced to the Commission. COMMISSION CONCERNS: Commissioner Lunn Commissioner Mitzman Commissioner Bone - None - None Stated that for the past 3 weeks he has noticed that the Lucky and Union Bank parking lot at Holt and First Streets was being used as a used car sales lot. The Director will bring this matter to the attention of Code Enforcement. Asked for clarification on a letter received from Royal Auto. Planning Commission Minutes April 22, 1996 Page 5 The Director noted that the City had received correspondence from a local attorney indicating that the owner of the facility was operating in accordance with their business license. The City will continue to monitor activity at that facility. Commissioner Vandaveer Asked what happened to the light bollard at the corner of E1 Camino Real and Main; the City has not replaced the light after it was struck by a vehicle. The Director will check into this matter. Commissioner Kasalek Inquired about the disposition of the Shea Homes billboard. Staff stated that after the height non-conformance was pointed out and also because Caltrans had not approved the sign copy, the sign was brought into conformance with code. A/) JOURlqMENT: Commissioner Vandaveer moved, Lunnseconded, to adjourn the meeting at 8:12 p.m. Motion carried 5-0. The next regularly scheduled meeting of the Planning Commission is on May 13, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Chairwoman BARBARA REYES C/ Recording Secretary