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HomeMy WebLinkAboutPC Minutes 01-09-95 1~ I N U T E S TUSTIN PLANNING COMMISSION REGULAR I~EETING JANUARY 9, 1995 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Baker, Kasalek, Lunn, Mitzman and Weil 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 CALENDAR: (ALL MATTERS 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.) Minutes of the December 12, 1994 Planning Commission Meeting. Final Parcel Map 93-176 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: BART DUESLER 13352 SHEPARD WAY SANTA ANA, CA 92705 WILL C. DUESLER, TR. 17762 LEAFWOOD LANE SANTA ANA, CA 92705 14311 AND 14321 GREEN VALLEY AVENUE, TUSTIN DUPLEX RESIDENTIAL (R-2) THIS PROJECT IS CONSIDERED MINISTERIALLY EXEMPT PURSUANT TO SECTION 15268(b) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO SUBDIVIDE A SINGLE DEVELOPED PARCEL INTO TWO PARCELS. Planning Commission Minutes January 9, 1995 Page 2 Recommendation - It is recommended that the Planning Commission adopt Resolution No. 3320 recommending to the City Council approval of Final Parcel Map 93-176, as submitted or revised. Commissioner Weil moved, Kasalek seconded to approve the consent calendar. Motion carried 5-0. REGULAR BUSINESS: 3. Desiqn Review 94-035 APPLICANT/ OWNER: CONTACT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SERRANO HOMEOWNERS ASSOCIATION 7 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 HOELDERLIN & ASSOCIATES 2102 BUSINESS CENTER DR., #130 IRVINE, CA 92715 LOT K, TRACT 13627 PLANNED COMMUNITY RESIDENTIAL THIS PROJECT IS CONSIDERED CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AUTHORIZATION TO INSTALL A NON-LOCKING, SELF- CLOSING, SELF-LATCHING WROUGHT IRON GATE AND FENCE AT JAMBOREE ROAD ENTRY TO PASEO Recommendation- It is recommended that the Planning Commission authorize the installation of a pedestrian gate and fence across Lot K of Tract 13627 by adopting Resolution No. 3322, as submitted or revised. Presentation: Daniel Fox, AICP, Senior Planner Commissioner Baker concerned about safety for children and asked the width of the fence slats. Staff stated the width was less than 4" on center and satisfies the code requirements. Commissioner Well moved, Lunn seconded, to authorize the installation of a pedestrian gate and fence across Lot K of Tract 13627 by adopting Resolution No. 3322 as submitted. Motion carried 5-0. 4. Desiqn Review 94-029 APPLICANT: FOODMAKER, INC. ATTN: MIKE WALTERSCHEID 100 N. BARRANCA AVE., SUITE 200 WEST COVINA, CA 91791-1600 LOCATION: 17401 SEVENTEENTH STREET ZONING: PLANNED COMMUNITY - CENTRAL COMMERCIAL (PC C-2) DISTRICT ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA EQUALITY ACT (CEQA) TO AUTHORIZE A FACADE REMODEL WITH EXPOSED NEON AT AN EXISTING RESTAURANT. Reoommendation -It is recommended that the Planning Commission approve Design Review 94-029 by adopting Resolution No. 3321, as submitted or revised. Presentation: Scott Reekstin, Assistant Planner Planning Commission Minutes January 9, 1995 Page 3 Commissioner Lunn commented that this was quite an improvement from the existing building. Commissioner Weil agrees and feels the new color combination allows the building to stand out and that the facade is attractive. Commissioner Kasalek moved, Mitzman seconded, to approve Design Review 94-029 by adopting Resolution No. 3321 as submitted. 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. Amendment To Vestinq Tentative Tract Map 14188 And Design Review 94-033 APPLICANT/ OWNER LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STANDARD PACIFIC 1565 W. MacARTHUR BLVD. COSTA MESA, CA 92626 ATTN: PEGGY ROBERTS TRACT 14188, WEST SIDE OF TOWNSHIP RAWLINGS WAY PLANNED COMMUNITY RESIDENTIAL - (LOW RESIDENTIAL) - EAST TUSTIN SPECIFIC PLAN DRIVE AT DENSITY 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 - It is recommended that the Planning Commission take the following actions: Approve the Environmental Determination for the project by adopting Resolution No. 3323; Approve Design Review 94-033 by adopting Resolution No. 3324, as submitted or revised; and Recommend to the City Council approval of Amendment to Vesting Tentative Tract Map 14188 by adopting Resolution No. 3325, as submitted or revised. Presentation: Daniel Fox, AICP -Senior Planner The Public Hearing opened at 7:30 p.m. John Cochrane 2415 Kiser, Tustin, stated that he has lived on Lot 52 (Exhibit F) of the San Rafael development for one year. He stated that Standard Pacific has done a marvelous job in this development and all of the residents in the area are very pleased with the homes. His concern is that the smaller proposed product would have an adverse affect on the value of the existing homes where the homeowners have made substantial investment. He stated that in meetings held with Standard Pacific they have recognized the concern of the homeowners. Consistent with that thinking he and other homeowners feel it makes sense to close off Lambert Street to make the existing development more exclusive than the new development. He is also concerned for the safety of his three year old child and does not wish to see more traffic in his area. He Planning Commission Minutes January 9, 1995 Page 4 feels that the plan represented by Exhibit F of the staff report would be consistent with other development in Tustin. Commissioner Mitzman noted that if a decision was made to close the street, a separate Homeowners Association (HOA) may be necessary. John Cochrane stated that it was his understanding that Standard Pacific wanted to have a single HOA and as far as he knows none of the homeowners have a problem with that. Elain Nermon, 2460 Kiser, Tustin, stated that she lives at the end of Kiser in the cul-de-sac. She wanted to clarify that there was a meeting with all of the homeowners and Standard Pacific at which the HOA issue was discussed and the homeowners feel comfortable having one HOA. She is concerned that the plans on record with the City bear the same name of "San Rafael" and wishes them to have a different name. She would like to see some type of physical separation between the two products so that there is no confusion between them. She stated that the 16 existing homeowners have met and all are in favor of the separation. William J. Collins 2261Pavilliois Drive, Santa Ana, stated that he lives in one of the adjacent homes which existed before the development occurred. He stated that at the time the EIR passed there was no knowledge of Gnatcatchers being so close. He noted that on the land immediately adjacent to it there exists the finest collection of Gnatcatchers and also some California coastal wren; the domestic cat being their most fearsome predator. He feels that it is unlikely that the EIR would have passed in its current form had this been known at the time. He asked the height of the proposed homes. Staff stated that the proposed homes will be virtually the same heights as the previously approved two story homes; that is, 27 to 29 feet from grade. The proposed single story homes will have no change in height at all. Dave Foell, project manager for Standard Pacific. Thanked the members of the community for their support. With respect to the segregation issue, he stated that the new tract is fully improved, the streets are in and the drainage is such that at peak storm times Lambert is used to convey storm water out onto Township Drive so by virtue of segregation the two knuckle conditions would present a potential drainage problem. Inasmuch as cost has already been incurred and the project completed, they would like to continue on and have the project approved as is currently proposed. Commissioner Weil asked what the price range of the new homes would be and if the homes along Lambert which back up onto the County area would be the same as the original tract. Dave Foell stated they would price them as high as they could for the 3200 to 3600 square feet. He stated "yes" the homes along Lambert had a single story product requirement proposed and it will be built out with the same product type. Commissioner Kasalek asked what the difference was between the product proposed and the existing San Rafael homes and what the price range would be. Dave Foell stated that the original San Rafael homes were a high end project; the new product will have the same high quality but is smaller, does not have wood windows and the kitchens and baths are not as highly amenitized. From the elevation standpoint they will be consistent with the existing development. With respect to price, he anticipates they will range from $650,000 to $750,000. The original San Rafael homes sold from $850,000 and up. Planning Commission Minutes January 9, 1995 Page 5 Commissioner Mitzman questioned the discussion of price as an issue. Lois Bobak, Deputy City Attorney, stated that the City would have no interest in what the homes would sell for, the question is will the price have any impact on the street closure decision. Commissioner Mitzman asked if the extra cost to the developer was only due to the water flow. Dave Foell- stated that this was not the issue, but that the streets were fully improved in that portion of the project and closing the street would entail additional costs including civil engineering, geotechnical engineering, lot line adjustment, abandonment of additional improvements and creation of new improvements at significant cost to his company. He stated that it was brought to his attention by staff that the desire of the homeowners at San Rafael was to have this segregation. It was discussed internally at his company and their response is in the staff report. Concurrently with that effort a civil engineering analysis showed that there are conditions such as (ten year event) storm levels where the water would be excessive and would be conveyed across Bennett and out to Township Drive to collect in the dual storm drain on Township. Commissioner Mitzman - asked if a simple pipe could be installed to take the run off from Lambert and put it under the potential closure, like a parkway culvert and also what did he think the cost to the developer would be versus the potential gain of segregating the two projects. Dave Foell - stated that certainly a civil engineer could design something of that nature. He understands the concerns of the homeowners but it was Standard Pacific's opinion that the two projects would stand alone simply because they are different product types and he does not feel it would be a benefit to have the segregation. He does not have any cost estimates. Commissioner Kasalek asked if Standard Pacific had any alternative solutions for the segregation. Dave Foell stated that current street improvements reflect City standards and that there were no proposals for an alternative. Commissioner Mitzman - stated that he had heard a suggestion for a landscape buffer such as a planter to close the street which would provide a crash gate for police, fire and emergencies. Dave Foell stated that his company would consider a solution of a lesser magnitude but asked for approval based on the current design. Commissioner Weil - agrees with Commissioner Mitzman's suggestion for a planter. She is, however, concerned with having only one entrance. Commissioner Kasalek - shares the same concern about the limited access for fire and police and asked if the City had this concern. Doug Anderson, Traffic Engineer, concurred that the City has the same emergency access concern. Christine Shingleton, Assistant City Manager, stated that in closing the street with a planter there would still be a dead-end situation on either side of the landscaped area. This could not be a standard dead-end but would have to provide a knuckle or cul-de- sac to meet Fire Department requirements for turn around which would affect the subdivision pattern for the lots on either side. Planning Commission Minutes January 9, 1995 Page 6 Commissioner Weil - noted that this tract is only one lot deep and that there have been as much as 2-3 lots deep approved previously with this condition. Christine Shinqleton - stated that the only conditions allowed with dead-end streets are multi family products such as the patio home concept but not in single family developments. Commissioner Kasalek - thought that the Fire Department conditions only had to do with how far a hose could be accessed. Christine Shingleton - suggested that if a dead-end was what the Commission wanted to consider, staff was not in a position at this time to recommend it based on current standards; and that if the Planning Commission was considering the alternatives, the request should be continued to allow the Fire Department to provide input. Commissioner Weil - feels that it was prohibitive to the developer to consider the closing of the street because of the drainage problem and that the planter idea was the most cost effective. She feels that if the financial burden was put on the developer it would only be passed along to the consumer and the smaller homes would end up costing as much as the original homes. She suggested a continuance to obtain more information. Elain Nermon - addressed the Fire Department issue stating that there was a fire hydrant located 20-25 feet toward the end of the street and a hose can be accessed readily if needed. The planter idea had been discussed with the neighbors and they were not adverse to it. This would allow pedestrian access between the two communities but physically separate them which is what they wanted. Commissioner Kasalek - asked if the homeowners were concerned with only having one access in and out. Elain Nermon- stated the homeowners had many concerns, initially that the new development would open the street to more traffic. If the road were closed they still had a pedestrian gate at the end of Kiser. She stated that they already had one emergency occur at the end of Kiser and had no problem with the Fire Department. John Cochran - stated that a single access is all they have now since there is a block wall dividing them from the potential development. He sees no difference from San Miguel which is a single access development and does not see this as an issue. Dave Foell stated that Standard Pacific's position is that they should be allowed to proceed as planned. The homes are a continuation of the existing San Rafael project and segregating them would create a situation with a consistent product type. The new product will be introduced on a cul-de-sac and he does not see it detracting from the value of the San Rafael homes in the first quadrant of the project. They are still building at a high level and specs are to what the market will bear. If there is a decision to continue to a later date they would be in favor of the continuance. Commissioner Weil - sees another problem with the division and only one Homeowners Association since the new development is 2/3 the size of the current area. There will be different issues where the representation will have to be divided up and she feels this will present problems. Christine Shinqleton stated that staff has not recommended that the project be divided, that currently it complies with all City regulations. Planning Commission Minutes January 9, 1995 Page 7 Elain Nermon - stated that she serves currently on two Homeowner Associations, San Rafael and Tustin Ranch III and they are responsible only for the common areas. Tustin Ranch III has three separate communities which also do not have an even number of residences throughout but successfully provide for the needs of all with a budget. The associations are assisted by an outside accounting firm with HOA experience. She can't see that separating into two areas would cause a problem. The Public Hearing closed at 8:05 p.m. Commissioner Lunn - Believes that closing the street would cause an undue expenses for the developer and is concerned with the drainage; she also sees the emergency access as a potential problem. She is willing to continue for more input concerning the planter idea. Commissioner Weil - agrees and is in favor of a continuance on the item. Commissioner Kasalek - agrees and is also concerned with safety in having only one access. Commissioner Mitzman - noted that this will be a precedent setting item. Does not like to continue but in this case is in favor to gather more information. Staff stated that it would be possible to continue this item to the next scheduled Planning Commission meeting to avoid having to re- notice which would save time and effort. In responding to some of the issues raised, it was noted by staff that the marketing name on the current exhibit do state "San Rafael" but this has no bearing on the final marketing name which appears in the field and that the marketing name was not within the purview of the Planning Commission. Staff stated that no coastal sage shrub was on this particular property and that the City is participating in the NCCP program. The property identified to the north is also a rough graded site with no coastal sage and across Township Drive on property identified for a school site there is also no coastal sage as confirmed by a survey with the NCCP program. Also the Commission was provided with a modification to the initial study for consideration of the environmental determination of this project. Commissioner Well moved, Kasalek seconded, to continue this item to the next regularly scheduled meeting of January 23, 1995. Motion carried 5-0. Staff suggested that a motion Environmental Determination at action at the next meeting. also be made to approve the this time to facilitate future Commissioner Well moved, Kasalek seconded, to approve the Environmental Determination for the project by adopting Resolution No. 3323 as submitted. Motion carried 5-0. OTHER BUSINESS: 6. Schedule for Political Siqn Code Amendment Presentation: Rita Westfield, Assistant Director Received and Filed Planning Commission Minutes January 9, 1995 Page 8 Alcoholic Beverage Control (ABC) Criteria and Policies Information Presentation: Rita Westfield, Assistant Director Staff has tentatively agendized a more thorough discussion and a report on this item for the February 13th Planning Commission meeting in order to take advantage of the Alcoholic Beverage Workshop sponsored by the League of Cities, to be held on January 30th. The Commissioners will be provided with information on this workshop and asked to respond concerning attendance. STAFF CONCERNS: Se Report on Actions taken at December 20, 1994 and January 3, 1995 City Council Meetinqs Staff reported on the subject agendas. Introduction of Paul Krueger, Associate Planner, a new member of the Community Development staff, was made at this time. COMMISSION CONCERNS: Commissioner Kasalek Commented that the Tustin Pride Holiday Award program was well received and very successful. Commissioner Mitzman - None Commissioner Weil Asked if the applicant for the gas station/mini mart near Keno's Restaurant had changed his mind since she noticed a newer "For Sale" sign at the location. Staff stated that the project had not been submitted to plan check to date. Commissioner Lunn Had participated in the judging of the Holiday Award program and noted that she was surprised that the residents were so excited about it. She found it difficult to choose winners because they all looked so good. Inquired about the status of the convenience store at 14702 Newport Avenue, stating that there were still boxes piled up in the front. Staff will follow up to see if the conditions of approval have been complied with. Commissioner Baker Was concerned about the drop in IRWD water pressure which was mentioned in correspondence concerning Item 5 this evening. Staff is only aware of a pump failure in that section which supposedly had been fixed. According to IRWD this is not directly related to construction activity in the tract across the street. Planning Commission Minutes January 9, 1995 Page 9 ADJOURNMENT: Commissioner Well moved, Lunn seconded, to adjourn the meeting at s:30 p.m. Motion carried 5-0. The next regular meeting of the Planning Commission is on January 23, 1995 at 7:00 p.m. in the City Council Chambers at 300 Centennial Way, Tustin. Recording Secretary