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HomeMy WebLinkAbout01 PC Minutes 8-10-10ITEM #1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION AUGUST 10, 2010 7:00 p.m. CALL TO ORDER INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Puckett Appointed Kozak APPOINT A TEMPORARY CHAIRPERSON: Due to Chair Pro Tem Thompson's absence, the attending Planning Commissioners will appoint a Temporary Chairperson for this meeting only. It was moved by Puckett, seconded by Kasalek, to appoint Kozak as temporary Chairperson. Motion carried 3-0. ROLL CALL: Present: Temporary Chair Kozak Commissioners Kasalek and Puckett Absent: Chair Pro Tem Thompson Staff present Elizabeth Binsack, Community Development Director David Kendig, Assistant City Attorney Jason McCune, Deputy City Attorney Steve Hurdle, Orange County Fire Authority Khaya Breskin, Tustin Police Department Dana Ogdon, Assistant Community Development Director Terry Lutz, Principal Engineer Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Thomas, Senior Planner George Wiesinger, Code Enforcement Officer Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved 1. APPROVAL OF MINUTES -JULY 27, 2010, PLANNING COMMISSION MEETING. Minutes -Planning Commission August 10, 2010 -Page 1 Adopted Resolution 2. ADOPT RESOLUTION NO. 4151 APPROVING DESIGN No. 4151 REVIEW 10-015, A REQUEST TO APPLY STUCCO ON THE UNFINISHED WEST WALL TO MATCH THE EAST AND NORTH SIDES OF THE EXISTING COMMERCIAL BUILDING AT 145 WEST FIRST STREET. It was moved by Puckett, seconded by Kasalek, to approve the Consent Calendar. Motion carried 3-0. PUBLIC HEARINGS 3. DESIGN REVIEW 10-009 AND VARIANCE 10-001 DESIGN REVIEW 10-009 TO ADD AND RECONFIGURE COMMON AREA GUEST PARKING SPACES AND INSTALL NEW ENTRY GATES AND VARIANCE 10-001 TO DEPART FROM THE FOLLOWING CODE REQUIREMENTS AT THE TUSTIN IMPERIAL CONDOMINIUM COMPLEX LOCATED AT 1777 MITCHELL AVENUE: 9262A.1; 9262B.1.A; 9266C.4; 9266D1; 9266H. THE PROPOSAL WOULD ALSO NECESSITATE DEVIATION FROM THE 2007 CALIFORNIA BUILDING CODE APPENDIX CHAPTER 1, SECTION A105.1.3 [AS AMENDED BY TUSTIN CITY CODE SECTION 8101]; 2007 CALIFORNIA FIRE CODE SECTION 503.1.1; 2007 CALIFORNIA FIRE CODE SECTION 503.2.1; 2007 CALIFORNIA FIRE CODE SECTION 503.4; ORANGE COUNTY RESOURCES AND DEVELOPMENT MANAGEMENT DEPARTMENT (OCR & DMD) STANDARD #1107; ORANGE COUNTY FIRE AUTHORITY FIRE MASTER PLANS FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENT NO. 5.B AND 5.C. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4152 denying Design Review 10-009 to add and reconfigure common area guest parking spaces and install new entry gates and Variance 10-001 to depart from the following code requirements at the Tustin Imperial condominium complex located at 1777 Mitchell Avenue (APN 432-021- 06). Thomas Presented the staff report. The Public Hearing opened at 7:26 p.m. Minutes -Planning Commission August 10, 2010 -Page 2 Temporary Chair Kozak invited the applicant to the lectern. Harold Katzman, President, Tustin Imperial Homeowners Association, provided a history of the development, presented ongoing issues related to the site, and indicated that other members of the team were available to address the Planning Commission. The following spoke on behalf of the applicant: • David Hickey, attorney for Tustin Imperial, presented a "Response to Staff Report Claiming Violations of Zoning Code Sections" and requested this document be made a part of the permanent record. • Angus "Tex" Chaytor, 1777 Mitchell #119. • Donald Nixon, Vice President of Tustin Imperial Homeowners Association, 1777 Mitchell. • David Dempster, 1777 Mitchell Avenue #75. • William Riess, 14231 Quent Drive. • Robert Davis, 1777 Mitchell Avenue. • Joanne Leone, 1722 Mitchell #9. The Public Hearing closed at 8:47 p.m. Staff responded to various comments by the above individuals. The Public Hearing reopened at 9:02 p.m.; Temporary Chair Kozak asked Captain Hurdle, Orange County Fire Authority, to provide comments. The Public Hearing closed at 9:04 p.m. Further discussion ensued. It was the consensus of the Planning Commission to agree with staff's recommendation, denying the application. However, the Commissioners ask that the applicant and staff find a way to administratively reach agreement regarding this property. Minutes -Planning Commission August 10, 2010 -Page 3 It was moved by Puckett, seconded by Kasalek, to adopt Resolution No. 4152, as amended. Motion carried 3-0. None REGULAR BUSINESS STAFF CONCERNS 4. REPORT OF ACTIONS TAKEN AT THE AUGUST 3, 2010, CITY COUNCIL MEETING. The Director indicated there was nothing specific to report regarding the Council meeting; The Director recommended that the Commissioners adjourn to a Redevelopment Workshop beginning at 6:00 p.m., August 24, 2010. COMMISSION CONCERNS Puckett Noted that tonight's item has been difficult from the beginning and stated his hope that staff and the applicant will be able to reach a compatible outcome; • Indicated the final Concert in the Park will be a tribute to Journey. Kasalek Mentioned the Orange County Register article about Cay Tretheway, a Tustin resident, who is 85 years old and has a "bucket list" of exciting adventures, such as sky diving; one can only hope to have such courage at that age; • Reminded everyone that Broadway in the Park begins August 17; • Asked that staff investigate the runoff along Tustin Ranch Road, an ongoing problem and waste of water. Kozak Referred to the last Concert in the Park and TACFA's production of "Guys and Dolls"; • Noted the Enderle Center Car Show takes place on August 22, all cars before 1975 may enter; • Reminded everyone of upcoming workshops in Ventura (November) and Santa Monica (September 8) sponsored by the California Preservation Foundation; it is important that all Commissioners receive historical training this year to maintain their status; • Thanked all City staff for their participation in tonight's presentation. Minutes -Planning Commission August 10, 2010 -Page 4 9:34 p.m. ADJOURNMENT: The meeting adjourned to the Redevelopment Agency Workshop beginning at 6:00 p.m., August 24. The next regular meeting of the Planning Commission is scheduled for Tuesday, August 24, 2010, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Minutes -Planning Commission August 10, 2010 -Page 5