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HomeMy WebLinkAboutPC Minutes 09-11-95MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 11t 1995 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL Present: Absent: Kasalek, Lunn, Mitzman, Bone and Vandaveer None PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. CONSENT CALENDS. R: (ALLMATTERS 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 August 28, 1995 Planning Commission Meeting. Commissioner Lunn moved, Vandaveer seconded to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARINGS: IF YOU CHALLENGE AN ITEM CONSIDERED AT A PUBLIC HEARING IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY OF TUSTIN AT, OR PRIOR TO, THE PUBLIC HEARING. I .... 1- ............... [ libel i! iii Planning Commission Minutes September 11, 1995 Page 2 2. TENTATIVE TRACT I~P L490~ APPLICANT/ OWNER: AGENT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SANDERSON J. IU%Y DEVELOPMENT COMPANY 2699 WHITE ROAD, SUITE 150 IRVINEt CA. 92714 ATTN: JAMES W. RAY FUSCOE ENGINEERING 1100 MAIN STREETv SUITE A IRVINEt CA 92714 ATTN: CAL WOOLSEY SOUTHWEST CORNER OF JAMBOREE ROAD/IRVINE BOULEVARD PLANNED COMMUNITY COMMERCIAL; NEIGHBORHOOD COMMERCIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PL~%N. NO &DDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO SUBDIVIDE 14 ACRES INTO 8 NUMBERED LOTS TO ACCOMMODATE A COMMERCIAL SUBDIVISION Recommendation It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3385; and 2. Recommend to the City Council approval of Tentative Tract Map 14901 by adopting Resolution No. 3386, as submitted or revised. Presentation: Sara Pashalides, Associate Planner Commissioner Lunn as what the phrase "or other form of property management" meant as found in Resolution No. 3386, Item 2.1, Section F. Staff stated that the name of the responsible group did not have to be specifically called out in the CC&R's as a Maintenance Director; it could also mean a formation of an association of several of the main property owners. Commissioner Kasalek inquired how it would be determined who owed what costs if there was a Maintenance Director instead of an association. Staff stated it would be run much the same as an association, with property dues charged. Commissioner Bone Stated he would like to have it added to Resolution 3386, Exhibit A, page 4, Item 2.1, Section I, that changes in property directors be reported not only at the first of January each year but also within ten days of a change of management assignment. The Public Hearing opened at 7:07 p.m. Cal Woolsey, Fuscoe Engineering, stated the payment of costs associated with the project would be made in a manner similar to any typical Property Owners Association. The Public Hearing closed at 7:10 p.m. Commissioner Vandaveer moved, Bone seconded to approve the Environmental Determination by adopting Resolution No. 3385 as submitted. Motion carried 5-0. Planning Commission Minutes September 11, 1995 Page 3 Commissioner Vandaveer moved, Bone seconded to recosmend to the City Council approval of Tentative Tract Map 14901 by adopting Resolution No. 3386 revised as follows. Exhibit A, Item 2.1, Seotion I shall read, "The Maintenance Director or other form of property management shall be required to file their names, addresses, and telephone numbers before January 1st of each year or within ten days of change of management assig-ment, with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC&R violations. Motion carried 5-0. 3. CONDITIONAL USE PERMIT 95-003 APPLICANT: LAND OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST= THE RREEF FUNDS 1630 SOUTH SUNKIST STREET, SUITE A ANAHEIM, CALIFORNIA 92806 THE RREEF FUNDS 1630 SOUTH SUNKIST STREET, SUITE A ANAHEIM, CALIFORNIA 92806 TUSTIN HEIGHTS SHOPPING CENTER 1076-1222 IRVINE BOULEVARD RETAIL COMMERCIAL (C-1) DISTRICT TOWN CENTER REDEVELOPMENT PROJECT AREA THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY RXF~PT (CLASS 11) PURSUANT TO SECTION 15311 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (CEQA). APPROVAL OF AMENDMENTS TO THE PREVIOUSLY APPROVED MASTER SIGN PLAN FOR TUSTIN HEIGHTS SHOPPING CENTER. Recommendation - It is recommended that the Planning Commission approve Conditional Use Permit 95-003 by adopting Resolution No. 3384, as submitted or revised. Presentation: Greg Gubman, Assistant Planner The Public Hearing opened at 7:12 p.m. Mike Severson, representing the applicant, stated that when they re-did the center about a year and a half ago they cut down on the signage; they have had a hard time leasing and in ensuing negotiations with nationally known prospective tenants this type of signage had been requested. Commissioner Bone inquired how long it would be before the trees in the current landscaping would grow since in driving east on Irvine Boulevard the sign cannot be seen. Mike Severson stated there were two sets of trees on the site. The existing eucalyptus trees sit on the curb and could also be lost in the proposed widening of Irvine Boulevard. The palm trees will grow taller than they are now but are not expected to block the sign as much as the eucalyptus trees do. The Public Hearing closed at 7:15 p.m. Commissioner Bone moved, Mitzman seconded, to approve Conditional Use Permit 95-003 by adopting Resolution No. 3384 as submitted. Motion carried 5-0. Planning Commission Minutes September 11, 1995 Page 4 REGULAR BUSINESS~ e GENERAL PLaN A~ENDMENT 94-00~, ZONE CHANGE 94-004, SECOND A~ENDMENTTO THE EAST TUSTIN DEVELOPMENT&GREF~ENT & TENTATIVE TRACT ~AP ~$055 (IRVINE COMPANY) RECO~END&TION - Pursuant to Government Code Section 65857, it is recommended that the Planning Commission review and provide their recommendation to the City Council on the revised project proposal submitted by the applicant. Presentation: Daniel Fox, Senior Planner Commissioners Lunn and Mitzman stepped do~n at 7:~6 p.m. due to conflict of interest. Commissioner Bone inquired if the 25% total allowable apartments was based on 9,178 units as allowed in the original plan or would it be based upon the proposed 8,058 unit build-out number. Staff stated that the way it is presently calculated it would be based on the original entitlement of 9,178. Currently there are 1,854 apartments approved to date and 1,578 have actually been constructed. One project is in the construction phase now. Commissioner Kasalek inquired what that would be percentage wise. Staff stated it would be approximately 30-31%. Mike LeBlanc, representing the Irvine Company, explained the three graphic charts which he had displayed for the Commission. These depicted the existing land use plan for Tustin Ranch, the most recent proposal and the current proposal. He stated that the Irvine Company had agreed to stipulate a build-out number and provide early dedication of the park with approval of the Conditional Use Permit and that this was in excess of their obligation when compared to the amount of park dedication which has occurred to date with the actual amount of development. He stated under State Law the Planning Commission is being asked to comment on these proposed modifications since it is different than the last review by the Commission. As the owner of the land that has sat vacant at the request of the school district, they are interested in moving forward with appropriate land use changes that maintain the same goals as Tustin Ranch. He believes that what is now being proposed represents an appropriate land use pattern given the surrounding land uses and street system. The Irvine Company believes they have performed in accordance with the development agreement with the City of Tustin and that this proposal represents their best thinking to date which meets the concerns that have been expressed through the last review of this change. They are interested in finding a solution that is acceptable to the community and have initiated a program to reach out to members of the community. He suggested that if the Commission wanted to be move involved perhaps a study session would be appropriate and they would be willing to participate. Commissioner Kasalek asked if the number of apartments which have been converted to condominiums was known. Staff stated that there were three projects converted, representing 803 units, Madavilla, Rancho Vera Cruz and Shadow Canyon. If a Conditional Use Permit were approved for the proposed apartment project that would be all the apartments allowed at Tustin Ranch. Planning Commission Minutes September 11, 1995 Page 5 David Thaler, 11850 North Riviera, stated that he was disheartened that the Irvine Company is building homes, condo's and small parks, but no structures of cultural or architectural significance. He believes a concrete jungle is being created and controlled by the Irvine Company and the residents are fighting a losing battle. He cited the Fairmont and Silverado projects which start at the $332- 404 hundred thousand dollar range being built by the Irvine Company only three miles away in Irvine while they are creating a ghetto in Tustin by offering condos at $79,000 being hawked by "kids" in clown outfits. He stated he was at the City Council meeting two months ago at which there was an overwhelming rejection by the entire community of the Tustin Ranch area concerning the proposals made by the Irvine Company and urged the Planning Commission to take this into consideration. He also questioned the payment to the school district by the Irvine Company while the residents are paying very high Mello Roos and other taxes for their property. Bill Stracker, 13062 Cortina, stated he resides across the street from this proposed land use and that he was disappointed that he and others could not get together with the Irvine Company concerning the specific land use plans being proposed in this area. His concern is that this is not good planning with low density to the west of Tustin Ranch Road and medium low density hidden behind a higher density. He stated that throwing a few crumbs to the community with a lower development dwelling unit per acre irritates him since the Irvine Company is not really taking into consideration the concerns of the homeowners that already live in the area and what it will do to property values. He believes that reducing the setback from 50 to 35 feet shows that they are really not willing to work with the neighborhood in providing a setback consistent with what the City of Irvine has in areas developed by the same Company. He believes that this issue needs to go into a workshop or study session. Commissioner Kasalek asked the City Attorney for advice concerning the limited time the Commission has to respond. Lois Jeffrey, City Attorney, stated that it would be appropriate to request the City Council to extend the 40 day time limit. Mike LeBlanc stated that a workshop prior to the next Planning Commission meeting would be acceptable to him and in the meantime the City Council request for time extension could also be made. Commissioner Bone inquired if the residents in the area would be notified. Staff stated that the East Tustin Homeowners Associations and all persons who provided testimony in oral or in written form would be notified of the workshop but it would be problematic to notify all of the 1,700 on the public hearing mailing list for this project. Commissioner Kasalek wanted to be sure that each of the Presidents of the Homeowner's Associations were notified. Steve Anderson, President of Montecito Homeowners Association, stated that he personally did not get notice of this session and he was sure that his Management Company would have notified him. He feels the communication is not very clear. '-T' "ITIIT ...... i · iii Planning Commission Minutes September 11, 1995 Page 6 Staff stated that it is difficult to contact the specific Presidents by name since the mailing list goes directly to the Management Companies and they are reluctant to provide names and addresses and therefore, must be relied on to forward the notices to the Presidents. Commissioner Bone inquired if in the workshop the Irvine Company would also include discussion on the triangle site above Portola. Mike LeBlanc affirmed and stated they have no reluctance to do that. Commissioner Vandaveer noted that it would also be helpful if this were picked up by the newspaper in the form of a news article. Commissioner Bone moved, Vandaveer seconded, to request an extension of 14 days time from City Council of the 40 day time period of Government Code Section 65S57 and to hold a workshop at 5:30 pm at the next regularly scheduled meeting of the Planning Commission. Motion carried 3-0, Commissioners Lunn and Mitzman abstained. Commissioners Lunn and Mitzman returned to the Commission dias. 5. DEBIGN REVIEW 95-029 APPLICANT/ OWNER: AGENT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SANDERSON J. RAY DEVELOPMENT COMPANY 2699 WHITE ROAD, SUITE 150 IRVINE, CA. 92714 ATTN: GARY MIERAU KEISKER & WIGGLE ARCHITECTS 15751 ROCKFIELD BLVD., SUITE 210 IRVINE, CA 92718 ATTN: BOB ANDERSON 13211 JB)LBOREE ROAD (TUSTIN RANCH PLAZA) PLANNED COMMUNITY COMMERCIAL; NEIGHBORHOOD COMMERCIAL - EAST TUSTIN SPECIFIC PLAN THIS PROJECT IS COVERED BY A PREVIOUSLY CERTIFIED EIR (S5-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. AUTHORIZATION TO CONSTRUCT A 6,600 SQUARE FOOT FREESTANDING RETIAL BUILDING AS PART OF THE EXISTING SHOPPING CENTER Recommendation - It is recommended that the Planning Commission take the following actions: 1. Approve the Environmental Determination for the project by adopting Resolution No. 3387; and 2. Approve Design Review 95-029 by adopting Resolution No. 3388, as submitted or revised. Presentation: Daniel Fox, Senior Planner There was no discussion by the Commission on this item. Commissioner Mitzman moved, Vandaveer seconded, to approve the Environmental Determination for the project by adopting Resolution No. 33S7 as submitted. Motion carried 5-0. Planning Commission Minutes September 11, 1995 Page 7 Commissioner Nitzman moved, Vandaveer seconded, to approve Design Review 95-029 by adopting Resolution No. 3388 as submitted. Notion carried 5-0. BT/%FF CONCERNS: Report on Actions taken at the September 5, 1995 City Council Meetinq. Staff reported on the subject agenda. COI~,~ZSSZON CONCERNS: Commissioner Lunn Inquired about the status of the fence at the McFadden exit of the 55 Freeway behind Kenyon Drive. The Assistant Director will investigate this inquiry and report back to Commissioner Lunn in the morning. Commissioner Mitzman Reported that the City Street Sweeper has awakened him before 7:00 am and inquired if this operation was exempt from the Noise Ordinance. The Assistant Director believes that Public Service projects of this type may be exempt from the Noise Ordinance but will review the Code and report back to the Commissioner. Staff will notify Field Services of the street sweeping occurring before 7:00 am. Asked for clarification by the City Attorney of his conflict of interest status on an upcoming project involving Lewis Homes. He stated that he is related to the applicant. The city Attorney stated that it would be advisable to indicate the relationship and if there was no financial tie the issue would be fairness. Asked to have the issue of continuing or dropping the Planning Commission invocation agendized for discussion. Commissioner Vandaveer - Stated he was happy to report that the trash bag was gone from the former Pioneer Chicken sign on Newport Avenue. F .......... [ ' [? iI ................. [ Planning Commission Minutes September 11, 1995 Page 8 Commissioner Bone Wished to commend the Public Works Department for their swift resolution of a Code Enforcement situation involving newly planted trees dying at an E1 Camino Real location. Extended an invitation to everyone for the Tustin Pride open house on Wednesday, September 20, 1995, 6:30 pm at the Tustin Area Senior Center. ADJOURNMENT: Commissioner Kasalek moved, Lunn seconded, to adjourn the meeting at 8:23 pm in memory of Jerry Well, husband of Kathy Well, former Planning Commission member, and to adjourn to an East Tustin Specific Plan ~men~ment Workshop at 5:30 p.m., at the next regularly scheduled meeting of the Planning Commission on September 25, 1995, in the City Council Chambers, 300 Centennial Way, Tustin. Motion carried 5-0. Recording Secretary ChairlS~rson