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HomeMy WebLinkAboutPC Minutes 07-25-88 MINUTES TUSTIN PLANNING COHHISSION REGULAR PIEETING July 26, 1988 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Ponttous PUBLIC CONCERNS: (Ltmtted to 3 mtnutes per person for Items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. 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 July 11, 1988 Planning Commission meeting will not be available until August 8, 1988 due to the death of Ms. Foley's father. No Commission Action Necessary. OLD BUSINESS: 2. Density Bonuses and Other Incentives Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2518 recommending City Council approval of a Density Bonus Policy. Presentation: Steve Rubtn, Senior Planner Commissioner Le Jeune asked for clarification on the procedures for the density bonus process. Staff would use the preliminary design review process to determine bonus unit eligibility. Owner would have to obtain verification of Section 8 certificates for "X" number of units (if rental units). Then staff would bring the project to the City Council who would determine whether to give bonuses or an equivalent financial value for the extra units. The developer could then move forward to the formal design review process. If the project requires a conditional use permit or other discretionary review it would be brought before the Commission. Planning Commission Minutes July 25, 1988 Page two The Director noted that the City Council is the only City body that has the ability to commit financial resources. Lois Jeffrey, representing the City Attorney's office, indicated that the law was originally written to require developers to enter into a development agreement to provide this kind of density bonus. The intent of the law was that the legislative body of the community was to enter into a financial commitment agreement with the developer. Commissioner Le Jeune asked for more information regarding the sale of the property and whether inflation was taken into consideration. Staff noted that controls for resale are not fully developed yet. Usually there are CPI allowances along with allowances for improvements to the units. Commissioner Le Jeune asked if the developer stayed with the project for 30 years. Staff responded that density bonuses run with the land. Once ownership units are sold the developers would have no more involvement. The subsequent owner would be responsible for the certification of resale compliance. Commissioner Puckett asked if the provisions for square footage are adequate. The Director indicated that those are figures consistent with most zoning ordinances from other cities and with the East Tustin Specific Plan. Commissioner Well noted that the report was very well done. She indicated that she was especially glad to see the sensitivity to the increased parking and provisions for owner occupied affordable housing. She asked if staff foresees any problems in regard to when the control period is ended. She also asked what figures will be used to determine the density. Staff responded that it does not expect a lot of density bonus proposals. The Director noted that the current Municipal Code and the East Tustln Specific Plan vary in their interpretation to determine density. The Zoning Code allows staff to make the determination based on the existing lot size (net minus dedications), and the East Tustin Specific Plan uses gross acreage. Also, the determination factors are rounded down in the figuring process. Commissioner Well asked for a more detailed explanation of the annual con~)liance certificate. Staff noted that it is a form of annual verification used by all of the cities surveyed. Once the overall process is approved, staff will proceed with creating this process. Their goal would be to use a system that would burden the City the least. Commissioner Well asked how the Section 8 housing certificate worked. Planning Commission Minutes July 25, 1988 Page three The Director noted that the County Housing Authority, through funds made available through the Federal Department of Housing and Urban Development, commits a certain number of certificates that will be issued in any community in which there is an existing contract for certifications of Section 8 on existing rental housing. A Section 8 certificate is issued to two parties, a prospective renter and the property owner with a rental unit. The property owner only has to charge the renter 30% of their income for rent. HUD establishes minimum market rate rent levels with the County in the area. The money provided to property owners supplements the difference between the minimum market rent levels and 30% of the renter's income. The certificate provided to the tenant that allows him to participate in the program is proof that their income is certified annually. They must rent a certain type of unit by class and household type. Staff noted that there is only one of these proposals and that it is a small project. Commissioner Pontlous asked if there was a reason for the 10 year minimum term. Staff stated that it felt 10 years was a reasonable time period and that State law states that there is a 30 year time limit where direct financial contributions are involved. Commissioner Pontlous asked if perhaps 15 years or longer would be more appropriate. She also pointed out that the resolution should say "developer/owner". Commissioner Baker asked if this pertained to the East Tusttn project. The Director noted that if a developer submitted the same bonus provisions to comply with the program they would qualify. Commissioner Baker asked how many locations the City had where this situation would a p y. Staff responded that it would most likely be used in the R-3 zones in the western edge of the City that may be redeveloped but it would likely be on a small scale. Commissioner Baker asked for more clarification on the selling price controls. Staff indicated that they had not yet developed a set of criteria for resale controls. However, deed restrictions would contain them. Staff will look at what other cities are doing in order to develop the most efficient type of controls. Commissioner Baker asked about condominium conversions. The Director noted that the density bonus provisions are that more affordable units must be provided if the City is providing any density bonuses or financial incentives for a condominium or condo conversion project. If an existing apartment unit previously approved under a density bonus or financial incentive by the City Council was submitted for conversion, the project would be reviewed and conditioned based upon whether or not stipulated ratios in the State law for condominium conversions were adhered to and conditions would be imposed appropriately to maintain the affordabiltty of the units. There are adequate processes to safeguard against any problems. Planning Commission Minutes July 25, 1988 Page four Commissioner Baker asked what would happen if someone was out of compliance at their annual certification inspection. Lois Jeffrey noted that the development agreement would stipulate the impact of non-compliance. The Director indicated changes to Step 4 of the resolution to be contained in the motion. Commissioner Ponttous moved, Le Jeune seconded, to adopt Resolution No. 2518 with the following corrections: w Step Four - Execute Development Agreement. The developer shall enter into a Development Agreement with the City which shall be approved by the City Council. The Development Agreement shall stipulate the following: con~liance with a submitted development plan and all Design Review and other descretionary conditions of approval, the total number of allowed dwelling units (including bonus units), the number of units to be set aside as "affordable", the definition of affordable, the duration of the agreement (15 year minimum term, 30 years where mandated by State and/or Federal statute), annual certification of compliance, requirement for recorded deed restrictions regulating resale of ownership unit, relief for failure to comply, the requirement for owner occupancy on ownership units and other information as determined necessary by the Director of Community Development and City Attorney's office. Step Five - On-Going Monitoring. A Certificate of Compliance to the Development Agreement on an annual basis, as prescribed in the Development Agreement. recommending to the CI~ Council approval of Density Bonus Policy. Motion carried 5-0. NEW BUSINESS: 3. SCAG Regional Plans Recommendation: Receive and file. Presentation: Christine A. Shingleton, Director of Community Development Commissioner Wetl noted appreciation for the information. felt the 1994 total population figures are underestimated. median income for Tusttn is. She indicated that she She also asked what the The Director noted that the figures were taken from HUD information for the Los Angeles and Orange County inter metropolitan area. Staff did not have the median income figures but would research and return the most recent figures to the Commission. Commissioner Baker asked for clarification of the 25~ figure on page II-4 of the Planning Commission Minutes July 25, 1988 Page five attached exhtbtt. The Director noted that a City is either overconcentrated or it is not overconcentrated with low or moderate level income units. The percentage of concentration would determine whether an adjustment ratio is applied against a City's future needs so cities wtll move closer to the regtonal average. Commissioner Baker asked how the East Tustln Project would be considered. The Director noted that the figures in the Housing Element were established by subtracting 600 dwelling units within the affordable range from the 1983-1988 figures. The Irvine Company has made the option of affordable housing available for the City. Commissioner Well moved, Le Jeune seconded to receive and file the report. carried 5-0. Mo ti on STAFF CONCERNS 4. Status Report on East Tusttn Recommendation: Receive and file. Presentation: Christine Shtngleton, Director of Community Development Commissioner Ponttous noted her appreciation for the information. The other Commissioners agreed. Commissioner Le Jeune asked who determines what denomination will settle at the church site. Staff responded whoever buys the property. Commissioner Le Jeune asked when the park site between the Auto Center and the apartments is scheduled to be built. The Director stated that the construction drawings were in the last plan check and that the constuction bids would probably go out sometime in September, construction will begin shortly. Commissioner Baker asked what happened to the vegetation in the reservation area along Browning to E1Camino Real. The Director noted that the City was responsible for maintaining that area and that there have been a few problems, however the Public Works Department is trying to resolve those problems as quickly as possible. 5. City Council Action Agenda for July 18, 1988 Presentation: Christine Shingleton, Director of Community Development The Director indicated that the following items were discussed: Planntng Commission Minutes July 25, 1988 Page stx Zone Change for the Auto Center Expansion Assessment Dtstrict 86-2 Ftsca] Year 1988-89 Budget Final Parcel Map 88-179 John Wayne Airport Status Ad Hoc Street Naming Committee Resolution for the League of California Cities RE: Daddy-o's Sign Appeal Community Care Facilities Commissioner Le Jeune noted that the applicant for Daddy-o's asked for a continuance and then was not available to answer questions from the Commissioners when it was brought to the Commission. He also brought up Fat Freddte's and the Sizzler's neon signs. The Director noted that those locations are not in the Old Town area. Commissioner Well noted that the discussion was that this use is the only one with exposed neon. The Director noted that the issue was the location of the use in the Old Town area and the finding of consistency with the Cultural Resources Ordinance. Commissioner Wetl questioned if the Commission should define a time period for the City Council. The Director noted that the background is that every building is a product of its own time, and that compatibility and consistency within the surrounding environment is the issue. Commissioner Le Jeune noted that the sign on the side of the building was set back quite a distance and asked if that had been a staff requirement. The Director responded that the applicant had chosen the location of the sign. CO#MISSION CONCERNS Commissioner Le Jeune asked if there were any plans for the southwest corner of Newport and E1 Camino Real. The Director noted that there is a proposal for a commercial center at that location. They are waiting for soil tests and soil reconstruction before they can begin construction. Commissioner Puckett asked how many cinemas would be in the Entertainment Village in the Market Place center. Staff responded that they believe there will be six. Commissioner Baker asked if there were any other sites in the City which would require soil testing as in the old Southern Counties Oil property. Planning Commission Mtnutes July 25, 1988 Page seven The Director noted that all use permits are conditioned to provide soils reports prior to grading activity and certification from the Orange County Health Department that the soil is safe to use. Commissioner Baker congratulated Laura Pickup on becoming the Director of the Orange Section of the American Planning Association. AD&OURImENT At 8:20 p.m. Commissioner Le Jeune moved, Wetl seconded to adjourn to the next regular scheduled meeting on August 8, 1988 at 7:00 p.m. in memory of Russell F. Koelsch, father of Penni Foley, Secretary. Motion carried 5-0. Chairman Penni Foley Secretary