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MINUTES
TUSTIN PLANNING COMMISSION
REGULAR MEETING
JULY 11, 1994
7:00 p.m., City Council Chambers
Present: Weil, Butler,
Kasalek
Absent: None
Baker, Stracker and
(Limited to 3 minutes per person for items not
on the agenda.)
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the Commission regarding any items not on the
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1. Minutes of the June 27, 1994 Planninq Commission Meetinq.
Commissioner Kasalek moved, Baker 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.
2. Desiqn Review 94-018 And Variance 94-007
APPLICANT:
LANDOWNER:
LOCATION:
ZONING:
MR. LEASON F. POMEROY III, FAIA
LPA
ONE VENTURE, SUITE 300
IRVINE, CA 92718
MACPHERSON PROPERTIES
c/o MR. JOE MACPHERSON
21 AUTO CENTER DRIVE
IRVINE, CA 92718
44 AUTO CENTER DRIVE
MACPHERSON TOYOTA
PLANNED COMMUNITY-COMMERCIAL (PC-C) DISTRICT
Planning Commission Minutes
July 11, 1994
Page 2
ENVIRONMENTAL
STATUS:
REQUEST:
THIS PROJECT HAS BEEN DETERMINED TO BE
CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE
PROVISIONS OF SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
1. TO AUTHORIZE THE CONSTRUCTION OF AN
ADDITIONAL SIX (6) SERVICE BAYS IN
CONNECTION WITH AN EXISTING FACILITY; AND
2. FOR A VARIANCE FROM SECTION VIIIF.2 OF
THE EAST TUSTIN AUTO CENTER PLANNED
COMMUNITY REGULATIONS TO PERMIT THE
LENGTH OF THE EXISTING 14 FOOT TALL
SERVICE BUILDING AND PROPOSED SERVICE
ADDITION TO EXCEED THE ALLOWED MAXIMUM
LENGTH OF 50% OF THE REAR PROPERTY LINE
FOR A BUILDING CONSTRUCTED ALONG THE
PERIMETER PROPERTY LINE OF THE AUTO
CENTER.
Recommendation -It is recommended that the Planning Commission
approve Design Review 94-018 and Variance 94-007, by adopting
Resolution Number 3284, as submitted or revised.
Presentation: Daniel Fox, Senior Planner
Commissioner Baker asked if the legal noticing had been sent to the
Merchants Association also.
Staff indicated it had.
Leason F. Pomeroy, Architect for MacPhearson, stated that his firm
had done the best they could on this project and asked if the
Commission had any questions of him.
The Public Hearing opened at 7:05 p.m.
The Public Hearing closed at 7:05 p.m.
Commissioner Weil stated that Mr. Pomeroy has done a beautiful job
in the past and everyone has a lot of confidence in him.
Commissioner Baker stated that he was glad to see that they have
enough business out there to warrant this project.
Commissioner Butler moved, Kasalek seconded, to approve Design
Review 94-018 and Variance 94-007, by adopting Resolution No. 3284
as submitted. Motion carried 5-0.
Modification to Conditions of Approval to Allow Time
Extensions for Design Review 88-70 and Variance 89-19
Recommendation -It is recommended that the Planning Commission
approve a modification to Condition No. 1.1 of Resolution No. 3232
to allow a six-month extension of Design Review 88-70 and Variance
89-19 by adopting Resolution No. 3286, as submitted or revised.
Presentation: Daniel Fox, Senior Planner
The Public Hearing opened at 7:07 p.m.
The Public Hearing closed at 7:07 p.m.
Commissioner Baker stated that the property is more valuable with
the entitlements and he would like to see them go with the property
in the event there is an opportunity to sell the property.
Planning Commission Minutes
July 11, 1994
Page 3
Commissioner Weil commented that there were no changes to the
project and that the Commission had received a very nice letter of
request for it and she felt that whatever the Commission could do
to help out in this economy they were glad to do.
Commissioner Baker moved, Stracker seconded, to allow a six-month
extension of Design Review 88-70 and Variance 89-19, by adopting
Resolution No. 3286 as submitted. Motion carried 5-0.
REGULAR BUSINESS:
4. Old Town Residential Design Guidelines
APPLICANT:
LOCATION:
ENVIRONMENTAL
STATUS:
REQUEST:
CITY OF TUSTIN
300 CENTENNIAL WAY
TUSTIN, CA 92680
CULTURAL RESOURCES DISTRICT, OLD TOWN TUSTIN
THE DESIGN GUIDELINES AS A "NON-PROJECT" ARE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
ADOPTION OF RESIDENTIAL DESIGN GUIDELINES
Recommendation - It is recommended that the Planning Commission
recommend that the City Council adopt the Residential Design
Guidelines by Resolution.
Presentation:
Rita Westfield, Assistant Director, Community
Development Department
Commissioner Kasalek asked what would happen with the guidelines
from this point and would they be made available to everyone living
in the district. She asked if a letter could be sent to the people
in the district informing them of the availability of the
guidelines.
Staff stated that there had been extensive advertising for the
workshops and several copies were available at the Community
Development Department counter which are able to be checked out on
a weekly or monthly basis and copies are for sale at printing cost
only and that there is a copy at the library.
The Director pointed out that a letter and user brochure is being
prepared on the benefits of being in the Cultural Resources
District and the goal is also to publish the release and
availability of this document and brochure. Also there is a
provision in the Code allowing for individual properties that have
a significant meritorious or compelling historical value to be
designated on a local historical registry approved by the Cultural
Resources Committee and City Council, if that designation process
is requested. This information is also going out to those
properties that may be of higher ranking and consideration for
historic value.
Jeff Thompson, Chairman of the Cultural Resources Advisory
Committee, stated that this is a milestone effort and the first
since 1990 when the survey was done for the residential areas. He
feels that the document is a good representation and is balanced as
a guide.
Commissioner Butler asked if any controversial subjects had ever
come up during the discussions and appreciated all the hard work
which had been done by the committee.
Jeff Thompson said "no" that there was a lot in common among the
members of the public who did attend the discussions and there was
not a lot of controversy.
Planning Commission Minutes
July 11, 1994
Page 4
Commissioner Stracker as a point of clarification under the
"Certificate of Appropriateness" section asked if the Utt Juice
Company were required to have one.
Staff stated that there is one exemption clause in the Cultural
Resources Ordinance which states that when a building has been
condemned or determined to be substandard by the Building Official,
a certificate is not required. The rear buildings (wood sheds)
have been condemned. The front buildings, in the Notice and Order
which was adopted by the Planning Commission, would require that
there be seismic retrofit and exterior modifications and prior to
issuance of any of those permits a Certificate of Appropriateness
will have to be issued.
Commissioner Weil asked how many people had attended the workshops
and what was the strength of the document. She thought that the
document was excellent and a tremendous resource.
Staff stated that there were 9 or 10 people and that a mailing of
400 was made to everyone in the District. Staff noted that these
were guidelines but that there was information in the manual which
reinforces City Code provision requirements. The guidelines do not
alleviate or take away an obligation to comply with code.
Tom Scaqlione, 265 Pasadena, Tustin, asked how many of the letters
that were sent went to known homeowners. He stated that he has
done extensive remodeling according to the guidelines and his
concern is that other homes in the area have fallen into disrepair
and asked if the City could do anything about code enforcement on
them.
Staff stated that the City has a code enforcement process which has
responded to 1400 citywide complaints so far this year. Because of
limited resources concentrated efforts have only been in the
southwest neighborhoods. Recently the City has hired a second Code
Enforcement officer which will help to expand coverage citywide as
well as the downtown area. Besides immediate health and safety
issues the new property maintenance ordinance will also be
enforced.
Commissioner Baker asked if there were avenues open to people who
may have deferred maintenance issues and may not be able to afford
them.
Staff stated that the City is currently participating with the
county in a rehabilitation loan and grant program for those
qualified by certain income classifications and that after the
county program terminates in the next year, the City will be
looking at expanded rehabilitation programs citywide. The City has
also begun participating in an MCC tax credit program where first
time home buyers are assisted. Paula Rankin, Community Development
Grant Planner and Rick Zimmer, Redevelopment Agency planner are
available at the City with resource information.
Commissioner Kasalek stated she was impressed with the document and
felt it was a resource that many people will benefit from.
Linda Smith, 540 W. 3rd Street, Tustin, stated that she lives in
the home pictured on page 11 of the guidelines and has been there
since September 1993. She stated that she had not received any
information on any of the workshops. She asked if the document
contained any seismic retrofit information and were resources
available on this subject. She also asked if there were funds
available.
Planning Commission Minutes
July 11, 1994
Page 5
Staff stated that the county assessor tax rolls were used for the
mailings and the information would have been sent to whomever was
listed as the property owner as of April 15, 1993. Staff stated
that on page 22 there was a brief narrative on seismic retrofit and
the document also suggests that a structural engineer be contacted
in each case due to varied problems. The document contains an
appendix which lists books and reports as resource information.
Staff suggested that Ms. Smith call the Community Development
Department office for referral to the proper agency for funding.
Commissioner Baker thought that since parts of the county had been
listed as a disaster area there might be federal funds available
through FEMA.
Staff stated that the deadline for FEMA application processing had
passed but that Ms. Smith might call the local FEMA office to see
if the deadline had been extended. Staff also noted that there
does not have to be actual earthquake damage and that Ms. Smith
might be eligible if she had been put in an unsafe position by the
earthquake.
Don LeJeune stated that he agreed with everything in the document
and felt it was a very comprehensive and well done document. He
felt the Cultural Resources Overlay committee was to be commended
since they had also produced a video and cataloged the houses. He
said he was proud to be a part of it and happy to live in the
neighborhood.
Commissioner Butler moved, Baker seconded, to recommend that the
City Council adopt the Residential Design Guidelines by Resolution.
Motion carried 5-0.
STAFF CONCERNS:
5. Report on Actions taken at July 5, 1994 City Council Meeting
Staff reported on the subject agenda.
The next meeting of the Commission will include the new
appointments and staff thanked out going members Stracker and
Butler for the service they had given during their terms. Staff
encouraged their continued involvement in the community through
joining in some of the other volunteer groups which serve the City.
Staff suggested that prior to the beginning of the next Commission
meeting a reception for Commissioners be held, beginning at 6:15
p.m. in the Chamber conference room, in order to get acquainted
with the newly appointed members.
COMMISSION CONCERNS:
Commissioner Kasalek
Thanked Commissioners Butler and Stracker and wished them
well adding that they had been outstanding professionals
with a positive influence on the Commission and that she
was sorry to see them go.
Planning Commission Minutes
July 11, 1994
Page 6
Commissioner Stracker
Stated that he had appreciated his time on the Commission
and added that he thought the City had an excellent and
very professional staff which he found always able to
answer his questions even if they were at times probing.
He thanked staff, the community and the council for the
support that had been given to him.
Commissioner Baker
- No comments.
Commissioner Butler
Asked for clarification on the Ail Star Lube and Tune
property right-of-way acquisition.
Staff will recommend the required dedication along E1
Camino Real. City Council has asked staff to try to
reach an acceptable compromise with the applicant. It
seems possible that elimination of dedication
requirements on Red Hill Avenue might be justified.
Acquisition of Red Hill Avenue would not need to be
negotiated at this time until a construction project
moved forward, since the site plan accommodates and
preserves the right-of-way without actually having to
take the dedication now.
Thanked staff and expressed enjoyment in working with
everyone. He stated that he would be applying as a
Planning Commissioner in the future since he has enjoyed
doing the job.
Commissioner Weil
Stated that she felt the feeling was mutual on the part
of everyone and that both Commissioner Stracker and
Butler would be missed.
Noted that there was tall grass and weeds in the strip
between Pepper Tree and Tustin Meadows.
Staff noted that Irvine Company was the owner and that
they were on a quarterly maintenance program. Staff will
have the Public Works Department contact them.
ADJOURNMENT:
Commissioner Baker moved, Stracker seconded, to adjourn the meeting
at 7:54 p.m. Motion carried 5-0.
The next regular meeting of the Planning Commission is on July 25,
1994 at 7:00 p.m. in the city Council Chambers at 300 Centennial
Way, Tustin.
Secretary
Chairperson