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HomeMy WebLinkAboutPC Minutes 04-08-96 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING APRIL 8, 1996 CALL TO ORDER: 7:25 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Commissioners Present: Absent: 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 Sara Pashalides, Associate Planner Doug Anderson, Traffic Engineer Barbara Reyes, Planning Commission Recording Secretary PUBLIC CONCERNS: No one from the audience addressed the Commission. CONSENT CALENDAR: 1. Minutes of the March 25, 1996 Planning Commission Meeting. Commissioner Vandaveer moved, Bone seconded, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS 2. Vesting Tentative Tract Map 15292 and Design Review 96-003 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: GREYSTONE HOMES MR. DOUG WOODWARD THE IRVINE COMPANY MR. DAVE CONLEY LOTS 17 AND 18 OF TRACT 13627 MEDIUM-LOW DENSITY RESIDENTIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Planning Commission Minutes April 8, 1996 Page 2 REQUEST: 1. AUTHORIZATION TO CREATE 65 NUMBERED LOTS AND 16 LETTERED LOTS FOR THE PURPOSE OF DEVELOPING 65 SINGLE-FAMILY DETACHED DWELLING UNITS; AND APPROVAL OF 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. 3428; Approve Design Review 96-003 by adopting Resolution No. 3429, as submitted or revised; and Recommend that the City Council approve Vesting Tentative Tract Map 15292 by adopting Resolution No. 3430, as submitted or revised. Presentation: Sara Pashalides, Associate Planner Sara Pashalides explained the proposed modifications to conditions in Resolution Nos. 3429 and 3430. One condition noted that all final exterior colors to be used shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations. The Public Hearing opened at 7:35 p.m. Douglas Woodward, representing Greystone Homes, stated they were pleased to be building their third project in Tustin Ranch. What they are requesting is a lighter color scheme which they feel will complement the architectural style of the homes. Kevin Crook, William Hezmalhalch Architects, Inc., stated that the homes were in keeping with the early Santa Barbara-Montecito styles and they feel it is very important to include a white stucco. They are proposing a 25% mix to add diversity to the street scene and provide articulation throughout the street. Commissioner Kasalek asked which of the white color samples they were interested in using. Kevin Crook stated they wanted to use the brighter of the whites. Commissioner Bone asked the Greystone representative to explain the reasons behind the phasing which puts the last phase in the front of the project. Douglas Woodward stated that they did not want homeowners to drive through a construction site and the Phase 5 homes on the street are the models. The Public Hearing closed at 7:40 p.m. The Commissioners were in consensus that the requested white color was acceptable. Commissioner Vandaveer moved, Bone seconded, to approve the environmental determination for the project by adopting Resolution No. 3428 as submitted. Motion carried 4-0. Planning Commission Minutes April 8, 1996 Page 3 Commissioner Vandaveer moved, Bone seconded to approve Design Review 96-003 by adopting Resolution No. 3429, revised as follows: Condition 3.3 shall read, "All final exterior colors to be used shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations." Motion carried 4- 0. Commissioner Vandaveer moved, Bone seconded, to recommend that the City Council approve Vesting Tentative Tract Map 15292 by adopting Resolution No. 3430, revised as follows: Condition 2.6.C should be modified for last sentence to read, "Sidewalks shall flare around all above ground facilitles as required by the Building Division". Condition 2.6.D modified for the last sentence to read, "Signage and/or red curbing shall be installed where appropriate". Condition 2.6.E is to be eliminated. Condition 3.3, amended to read, "The subdivider shall dedicate Lot P to the City with recordation of the final map. Final dedication documents shall be prepared by the applicant and reviewed and approved by the Community Development Department and the City Attorney prior to acceptance of the park site." Motion carried 4-0. Amendment To Vesting Tentative Tract Map 13908 and Design Review 95-042 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BRAMALEA CALIFORNIA MR. JEFF ROOS TRACT 13908, SOUTHWEST CORNER OF TUSTIN RANCH ROAD AND TOWNSHIP DRIVE PLANNED COMMUNITY RESIDENTIAL - (LOW DENSITY RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN 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 BUILDOUT OF THE EXISTING RESIDENTIAL DEVELOPMENT Recommendation - That the Planning Commission: Approve the Environmental Determination for the project by adopting Resolution No. 3431; Approve Design Review 95-042 by adopting Resolution No.3432, as submitted or revised; and Recommend that the City Council approve Amendment to Vesting Tentative Tract Map 13908 by adopting Resolution No. 3433, as submitted or revised. Presentation: Daniel Fox, AICP, Senior Planner Commissioner Lunn asked if this was the first time the homeowners, present at the meeting, had seen the proposed options identified in the staff report. Dan Fox, stated that the options were identified in the staff report. Planning Commission Minutes April 8, 1996 Page 4 Commissioner Kasalek asked what the difference was in the interior detailing and specifications and if staff was aware of meetings held between the developer and the homeowners since October of 1994. Dan Fox, stated that the developer could answer questions concerning the interiors and that staff is aware of two or three meetings that have been held since 1994. The Public Hearing opened at 7:55 p.m. Mark Franzen, 2145 Chandler Drive, Tustin, stated that the newly proposed product will reduce property values in the area. The original promises were not kept by the developer and the purpose of value engineering was only to provide more profit for Bramalea and does not consider the concerns of the existing homeowners. Jeff Roos, Senior Vice President, Bramalea California, stated that this application was made under protest. He stated that the application should be approved on its own merit. He noted that the Vesting Tentative Tract Map was approved in February of 1990, and it took nearly four years to sell 27 homes in spite of spending over two million dollars in marketing and merchandising. He further stated that the project has been sitting vacant for two years and the homes need to be designed to meet current market demand. He explained that since October 1994 there had been five meetings with the homeowners. Bramalea wants the design to be consistent with the existing architecture and square footage with a goal toward meeting or exceeding all of the standards, while also remaining consistent with what the homeowners want, and they have done this with their currently proposed plan. Commissioner Kasalek asked the specific details and differences from what the homeowners asked for and what the developer was proposing now. Jeff Roos stated they had met in October and December of the past year and as recently as a few weeks ago. Bramalea had tried to develop a compromise solution, but the homeowners want a wall and the addition of a secondary access if the original buildout could not be accomplished. He stated that the new product is in keeping with the mid 1990 architecture with truss roofs instead of stacked roofs and aligning walls with plumbing lines for a more efficient design. He stated that the amenities of the interiors would be on a level consistent with this price range of home. He stated that Bramalea was not looking at building a cheap home which is what he stated the homeowners are fearing the most. Commissioner Bone asked for a clarification on the sale of the 27 homes in four years when others have stated people were lining up to buy the residences. He asked if Bramalea was in agreement with the three options offered by staff in tonight's presentation. Jeff Roos, stated that people may have been lining up to buy real estate when the market was overheated but that Bramalea had a standing inventory for over a year. Mr. Roos stated that this evening was the first time he had seen the actual plotting and was not prepared to answer without further study. Commissioner Bone stated that perhaps this discussion should be postponed until further talks with the residents; Bramalea had promised the residents something and the Commissioner believes things can be resolved. Planning Commission Minutes April 8, 1996 Page 5 Jeff Roos believes no one benefits when land is vacant. Commissioner Kasalek expressed the same recommendation as Commissioner Bone, stating that in the past it has worked well for developers and residents to sit down together to work things out. Elizabeth Binsack stated that the next hearing was the final date at which action would need to be taken unless the applicant was willing to waive the time frames established by the Permit Streamlining Act. Commissioner Kasalek asked Mr. Roos if he was willing to waive the time restriction. Jeff Roos stated he would like to see the item on the next agenda and would like to meet with the homeowners. Commissioner Lunn stated that all parties should make the time to meet since the future development is a priority on both sides and that each side should come to the discussion without a predetermined bottom line. Elain Nermon, 2460 Kiser, stated she lives in San Rafael and is a member of the Tustin Ranch Community Association Master Association and that their group has never been a party to these meetings. Christopher Clark, attorney for San Marino Homeowners Association, stated that the last homeowners meeting was very disappointing since Bramalea was not willing to make changes except for a more modified plan 4 and would make no additional commitments to the homeowners. He expressed concern at what authority Bramalea even had to make decisions since the company is now owned by Lanar Homes of Florida. The homeowners had requested that this matter be put on the next agenda but Bramalea was not willing to continue tonight's hearing. He stated that the proposed interior details and amenities were less architecturally detailed. He stated that the smaller proposed homes will impact existing homes adversely and that the City should view both the compatibility and the impact on the value of existing homes. He stated there is no evidence that the existing plan would not sell in today's market and would like to see evidence that supports the downgrade. Commissioner Bone asked for clarification on exactly what other developers had stated they were dissatisfied with the designs as stated in Mr. Hatterman's correspondence concerning the last homeowner/developer meeting. Carl Hatterman, 2180 Lindsey Court, Vice President of the Homeowners Association, stated that he did not mean to mislead the Commission but that he was talking about Elain Nermon's dissatisfaction with the designs and not other developers. He stated that Bramalea focused on size and continuity but what the homeowners want is consistency of quality and the developer has not given them information on this. He stated that the wall compromise was a desperation plan because Bramalea has been giving them the same plan proposals for over a year. A1 Henslinq, 2205 Lindsey Court, Tustin, stated that he was one of the last to purchase in the project and even at this late date the representation was that the project would be builtout in its entirety with the same quality and configuration as they had purchased. He stated that what Bramalea is now proposing is a lesser quality and an entirely different product. Planning Commission Minutes April 8, 1996 Page 6 James S. Calanni, 2488 McCoy, Tustin, stated that neighboring communities will undergo severe damages as well, with a direct impact on resale value and he did not believe the financial problems of Bramalea should be the problems of the homeowners. Jim Nowakowski, 2170 Lindsey Court, stated that he is a 36 year resident of Tustin and that when he wanted to purchase his home in this project it took two full months of going door to door to find someone who wanted to sell. He stated that the existing homes are quality homes; therefore, it will not be difficult to market them. Jennifer Phillips, 2130 Lindsey Court, stated that at the time of her home purchase, the sales personnel were very difficult to work with and perhaps that is why it took Bramalea so long to sell the homes. Ms. Phillips distributed merchandising brochures from Mission Viejo and other new surrounding communities for Commission consideration. Elain Nermon, 2460 Kiser, Tustin, stated that the three Tustin Ranch Community Associations were all subject to Mello Roos which took into consideration the size of the developments. When things change such as base rates of homes, those who bought in at the top rate will be carrying the burden or there may not be the services provided. She stated there is a concern in Tustin Ranch that there is too much deviation from the Master Plan and that schools, churches and shopping areas originally proposed are all changing. She urged the Planning Commission to support the original planned community concept. The Public Hearing closed at 8:40 p.m. The Public Hearing opened at 8:40 p.m. Commissioner Kasalek asked if Bramalea would be willing to make any compromises if there was another meeting with the homeowners. Jeff Roos stated that the proposed product meets all the criteria and homeowners have contradicting comments. The homeowners do not know what the amenity level is on one hand yet are saying it will be of a lesser quality. When Bramalea met with the homeowners two weeks ago Bramalea was willing to compromise but the homeowners only compromise was the wall. He stated that when he spoke with the management company prior to the hearing nothing had changed, therefore, there was no point in postponing the hearing. He stated Bramalea would be happy to meet with the homeowners and that Bramalea is not looking to compromise the quality of the community. Commissioner Kasalek asked if the homeowners felt it would be realistic and worthwhile to hold another meeting. Christopher Clark stated the discussion with Bramalea would be difficult but that the homeowners would be in favor of the meeting. He stated that this was not about price but about value. Carl Hatterman stated that he would like to see someone at the meeting that would hold Bramalea's feet to the fire but that they are open to discussion. Planning Commission Minutes April 8, 1996 Page 7 Elizabeth Binsack stated for the record that she had received a telephone call from Nancy Muller, 12451 Eveningside Drive, which is within the unincorporated area abutting this project and Ms. Muller wanted assurance that single story homes would be built along the unincorporated border. With respect to a meeting with the homeowners and Bramalea, staff will make themselves available within the two week time frame. The Public Hearing closed at 8:50 p.m. Commissioner Vandaveer stated he would like to see a compromise. The Public Hearing opened at 8:50 p.m. Elain Nermon stated that two weeks was not sufficient time for the meetings with homeowners in San Rafael. Commissioner Kasalek stated that a firm agreement would not have to be made but that progress in the right direction would be a start. Jeff Roos stated that he was not previously aware of the time issue but was agreeable if talks show progress. The Public Hearing closed at 8:52 p.m. Commissioner Bone stated that all parties should work together with a central theme which is, to maintain the quality of the project. He stated that Bramalea needs to explain the exact amenities which are proposed, compared to the existing amenities. Commissioner Lunn stated she was anxious to see a compromise reached. Commissioner Kasalek stated she is in favor of this meeting and feels it is extremely important that residents have the assurance that the same quality will be represented. Commissioner Bone requested that staff coordinate this meeting. Elizabeth Binsack stated that this will be done. Com-issioner Vandaveer moved, Bone seconded, to continue this item to the April 22, 1996 meeting of the Planning Commission. The Commission suggested that Bramalea and the Homeowners meet again within the two week interim and try to reach some compromise. Staff was directed to coordinate this meeting and act as mediator. Motion carried 4-0· STAFF CONCERNS: Report on Actions taken at the April 1, 1996 City Council Meetinq. The Director reported on the subject agenda. Commissioner Vandaveer inquired about Item No. 21 on the City Council Agenda, and asked if Mr. Cox desired removal of the bus bench and the trellis. Staff stated that only the trellis was requested for removal. Planning Commission Minutes April 8, 1996 Page 8 COMMISSION CONCERNS: Status of median island/parkway beautification and drainage project at State Route 55/McFadden Avenue Off-ramp requested by Commissioner Lunn. Action: Discretion of the Commission Commissioner Lunn stated that she had observed that the contractor is starting to move the equipment out of the triangle and after contact with Assemblywoman Brewer's office she has been given the right person to call for Caltrans action. She stated that the median looks nice but the mesh fence looks awful. Since most of the residential neighborhoods have some sort of wall, a block wall should be installed instead of the proposed prison-like fence. Further, she has asked Tustin Pride to consider the issue of a block wall. She stated that there are concerns about graffiti but graffiti can happen with any wall in the City. She stated that the Police can drive through the alley and that this fence cannot be seen through at night anyway. She stated that she has inquired about this area for the past five years and has never had a report of any violations or crime and does not understand why, now, the Police have a concern about seeing into the alley. The Director stated that if installation of a wall was the consensus of the Commission it can be conveyed to the City Council before the recommendation goes forward. A block wall will cost more than a mesh fence and the City Council would need to appropriate the funds. Commissioner Kasalek stated that this would send a message that this end of the City is just as important as other areas in Tustin. Commissioner Lunn stated that if the people of south Tustin are given something nice, they will appreciate and take care of the improvements. Commissioner Bone complimented the Field Services Department for their work on the median since it is the first view of Tustin for those coming north on the 55 Freeway. The City has invested redevelopment funds in that area; therefore, the impression should be positive. He does not like the prison-like fence and also believes there should be a block wall. He also stated that Tustin Pride would consider this item at their meeting on April 16th. Commissioner Vandaveer expressed concern about graffiti on a wall but suggested that vines would eliminate the problem. He stated that if funds are not available for a wall, a vine or planting should be placed on the mesh fence. Upon consensus of the Commission, staff was directed to draft a letter to be signed by the Chairwoman to convey to the City Council their concern and request for a block wall to be installed instead of the proposed mesh fence. Commissioner Lunn Stated there was a sale over the weekend at the parking lot at the Bonanza Market which culminated in a traffic jam. She counted 42 bright green signs on the posts attracting people. After calling the Police Department she was disappointed that the Watch Commander returned her call stating that since this was a nonprofit organization, there was nothing that could be done. Planning Commission Minutes April 8, 1996 Page 9 Commissioner Lunn asked if the Director would notify the Police Department that this type of sale requires a temporary use permit. Also the signs were not removed by this group. The Director will contact the Watch Commander. Commissioner Vandaveer Asked if there was anything going on at Popeye's Restaurant and asked if the old banners could be taken down. Staff has not heard of any other organization moving into that location and will see that the banners are removed. Asked if Code Enforcement would inspect Old Town concerning all the illegal signs that have recently gone up. Commissioner Bone Asked if Code Enforcement could be on duty seven days a week and have a telephone number where they could be contacted on a 24 hour basis. The Director stated that the Officers work approximately two Saturdays a month now but there is really a lack of staff for full time weekend duty. Their scheduling can be re-evaluated. A report will be made to the Commission following this review. ADJOURNMENT: Commissioner Vandaveer moved, Lunn seconded, meeting at 9:14 p.m. to adjourn the The next regularly scheduled meeting of the Planning Commission is on April 22, 1996 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. Recording Secretary MA~JOR'I~ ~S-AL~KU/~/ Chairwoman