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.
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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