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HomeMy WebLinkAboutPC Minutes 02-10-86MX#UTES TUSTIN PLANNING COMMZSSZON REGULAR I~ETZNG FEBRUARY 10, 1986 CALL TO ORDER: 7:30 p.m. ROLL CALL: Present: Net1, Puckett, Baker, McCarthy Absent: #hire (resigned to run for election to Council) PLEDGE OF ALLEGZA#CE/ZNVOCATIO# PRESENTATIONS: None. PUBLIC CONCERNS: None. CONSENT CALENDAR: 1. Minutes from Planntng Commission meettng January 27, 1986. Puckett moved, Baker second to approve the Consent Calendar. Morton carried 4-0. CONTINUED PUBLIC HEARINGS 2. EAST TUSTIN PLANNED COMMUNITY B. C. 0. DRAFT EIR 85-2 GENERAL PLAN AMENDMENT 86-1a, b, c. ZONE CHANGE 86-1 SPECIFIC PLAN NO. 8/EAST TUSTIN Applicant: An application filed jointly by the city of Tustin and Montca Florian on behalf of The Irvine Company. Location: An area bounded by the Santa Ana Freeway (I-5) to the south, existing residential development in the city of Tustin and the unincorporated communities of Lemon Heights and Cowan Heights to the west, unincorporated land to the north, and unincorporated area within the sphere of influence line (Myford Road) for the city of Irvtne to the east. Request: To amend the General Plan, Zoning and enact a specific plan to permit the development of 7,950 dwelling units, plus neighborhood commercial, general commercial, mixed use (which includes commercial, office, research & development) and related public facilities on 1,740 acres. Presentation: Ed Knight, Senior Planner Planning Commission Minutes February 10, 1986 page two After informing the audience of the 3 minute speaking limit, Chair Well opened the public hearing at 7:43 p.m. John Asder, 13075 Ranchwood Road, concerned with agriculture preserve withdrawal areas scheduled immediately to the east of East Tustin and the impact it would have on the residents of Tustin especially along Future Road. Jeffrey Oderman, Rutan and Tucker, representative for 100 properties in unincorporated area west of specific plan area. The plan still has the same defects as at the last meeting and his clients still have the same concerns involving: the design and location of the future northward extension of Jamboree Road; the four east west connector streets; problems with compatibility with existing neighborhoods; density; and, schools. Requested the Commission continue the matter until staff can report on the final decisions of staff and Irvine Company representatives regarding issues raised on the EIR. Ron White, 14431 Ralntree Rd., submitted a letter dealing with circulation, density transfer, parks, capital facility construction, community services operating cost, and obligation to implement mitigation measures, Larry Ahl, 1871Riverford Rd., Colonial Bible Church, inquired about plans for church sites Roy Gold, 11872 Simon Ranch Rd., concerned with the I-5 freeway congestion and the impact from East Tustin on existing residents. Homes should not be built until there are sufficient transportation facilities for existing residents. Karlyn Boppell, 10931Saddlery, expressed concern with the Lower Lake connector road and the impact of additional traffic on existing neighborhood. Seeing no one further wishing to speak, Chairman Well closed the hearing at 8:10 p.m. Don Lamm explained this meeting represents a continuation from the last Planning Commission meeting. The request was made to continue the hearing to allow ample opportunity to see the final written comments submitted on the EIR. The EIR review period ended January 31st; all written comments have been received and included in the document entitled Comments and Responses Section to the East Tustin Specific Plan. Every written comment submitted has a written answer to it. It is available otr6~-the public and will be on file at the library, planning department and the police department. Loaner copies will be available. Ed Knight explained that one Commission request was to include in the staff report a summary of basic issues. All the public testimony boiled down to about 17 major issues which have been addressed in the staff report. In accordance with the MOU involving the School District and Irvine Company a condition has been proposed for Section 3 of the Specific Plan which reflects the language of the agreement and talks about certain financing for schools and the conditions the city will place to ensure the facilities area constructed. Staff recommended a condition be put into the draft resolution deleting Racquet Hill Drive from the land use plan. Language has been added to the draft resolution for the circulation element designating La Colina as a secondary highway from Browning Avenue to Future Road but restricts the improvement to only two lanes in the city of Tusttn. Lois Jeffrey, deputy City Attorney, outlined the action needed by the Commission. Planning Commission Minutes February 10, 1986 page three Don Lamm addressed questions raised as follows: 1) Asder: The property between I-5 and Irvine Blvd., Myford to Browning, came out of its agricultural preserve status in January 1984. The property north of Irvine Blvd. and adjoining the county area came out of agricultural preserve January 1, 1986. The remaining strip, Sectors 2 and 6, will be released January 1, 1988. Until those properties are released from the preserve they cannot be constructed upon. 2) Oderman: He raised the same comments made at the last meeting. have been raised that are not in the response to comments documents. No new issues 3) White: His letter is on file with the city and doesn't really raise questions but makes position statements. 4) Ahl: The entire East Tusttn zoning allows churches subject to a Conditional Use Permit--tn all of the residential zones and the two commercial zones. It does not allow them in the mixed use area. All Sectors except Sector 12 would allow churches. The community concerns that there be adequate churches to serve this area will be passed on to Council by staff. 5) Gold: Terry Austin explained that this type of project doesn't change the freeway situation very much. The best that can be done is to support the I-5 widening program. 6) Boppell: Staff has attempted to address this question as many times as possible in the EIR response to comments and will address it again at the Council level. It will probably be the number one policy issue for the Council to decide upon in its relationship with the Board of Supervisors. Staff will continue to look at it. Don Lamm concluded that since the last meeting staff has met with Mr. Oderman and property owners in Red Hill Ridge area; the meeting was very constructive. He outlined the procedures for the Commission to follow. Commissioner McCarthy expressed concern with Government Code Section 65915 regarding affordable housing and questioned if the city can waive that requirement. Lois Jeffrey responded that there can be a development agreement between the city and developer wherein an automatic density bonus can be waived. Commissioner McCarthy continued by commenting on paragraph 2.C. of the school facilities agreement. The Mello Roos Community Facilities District should spell out that this will be the East Tustin property owners only and the boundaries of the area designated as East Tustin so that future school boards and future Irvine Company executives have a clear understanding of just what is designated as East Tusttn. Lois Jeffrey advised that procedurally the Commission could make a recommendation to the school district that there be such a change made in the agreement. Commissioner Puckett is in favor of the EIR. Commissioner Baker expressed concern with the flooding, density, and the possibility of the Eastern Corridor being placed inside the specific plan area. He questioned if it would alter the density of the plan. Planning Commission Minutes February 10, 1986 page four Don Lamm responded that if the Eastern Corridor is planned to be within East Tusttn it would wipe out all of Sector 7, probably 6 and down into 11 and 12. It would cause a total rewrite of the specific plan. Whatever land that was deleted for the corridor or freeway would be taken away from the density count. Commissioner Baker clarified that there is a mechanism to amend the plan if it becomes necessary and what is being recommended tonight is strictly a recommendation and not the final issue. Chair Wetl opened up the Commission discussion on Resolution No. 2300. RESOLUTION NO. 2300 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING CERTIFICATION OF DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 85-2, PLUS COMMENTS AND RESPONSES, AS FINAL EIR 85-2. Commissioner McCarthy recommended the City Council consider the following: The EIR covers too long a period of 12-15 years. There are too many major areas that are based on assumptions since the particular areas are still under study, or funding has not been appropriated or identified such as: 1) Eastern Corridor; 2) Foothill Corridor; 3) Santa Aha Fwy widening; 4) Bottleneck study; 5) Flood control; 6) Geologic study; etc. There are too many major concerns of many residents that have been answered with a lot of verbage but little to no substance. The implementation of the specific plan should be realized in four to five phases. Each phase should cover a three year buildout; with each phase a draft EIR will be required. The expense will be more than satisfied by timely information. Building out East Tusttn in phases, a current EIR will be more meaningful with more up to date data. A project of this magnitude will be more easily accepted by the public if they can review it in phases and observe that each phase has been completed to projected estimations. The present draft EIR and mitigating responses may have validity for a three year period. Commissioner McCarthy moved the Commission not approve Resolution No. 2300, EIR 85-2. {This raised applause from the audience) The motion died for a lack of second. Commissioner Puckett stated that the document is good and represents a lot of hours of work, very controversial; good for the city; agreed with staff's recommendation. Commissioner Puckett moved, Baker seconded adoption of Resolution 2300 to recommend approval to the City Council. Motion carried 3-1, McCarthy opposed. Chair Well opened Commission discussion on Resolution No. 2394. RESOLUTION NO. 2294 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT 86-1a, AMENDING THE LAND USE ELEMENT TEXT AND DIAGRAM OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST; ENCOMPASSING APPROXIMATELY 1,740 ACRES COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO) Planning Commission Mtnutes February 10, 1986 page ftve Commissioner Puckett moved, Baker seconded to recommend adoptton of Resolution No. 2294. Chair Wetl questioned a discrepancy on page 1.1 of the Specific Plan which reads 1820 acres and 8000 units; it should read 1740 acres and 7950 units. The Resolution should reflect these changes. Wetl moved, McCarthy seconded to amend the resolution to reflect 1740 acres and 7950 units and making the specific plan consistent with the Resolution. Motion carried 4-0. Motion to adopt Resolution 2294 carried 4-0. Chair Wetl opened discussion on Resolution No. 2295 RESOLUTION NO. 2295 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT 86-1b, AMENDING THE CIRCULATION ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE {MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO) Commissioner Puckett moved, Baker seconded to adopt Resolution No. 2295. Motion carried 4-0. Chair Wetl opened discussion on Resolution No. 2296 RESOLUTION NO. 2296 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNDIL ADOPTION OF GENERAL PLAN AMENDMENT 86-1c, AMENDING THE SEISMIC SAFETY ELEMENT OF THE TUSTIN AREA GENERAL PLAN FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (1-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE {MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHJIBIT "A"A ATTACHED HERETO). Commissioner Puckett moved, Baker seconded to adopt Resolution No. 2296. Chair Wetl moved, Baker seconded to amend the motion regarding Chapter 8 Policies. a. to add, "slope stability analysis, including identification of bedding planes and slip planes, the location of ancient landslides and the provision for surface and sub-surface drainage control." Tom Smith, Michael Brandman Assoc., explained that the addition suggested is not unusual from an environmental standpoint. The question staff may address is whether or not those are appropriate for a policy document such as the seismic safety element. It would be a very specific engineering detail. Motion on the amendment carried 4-0. Motion on the original motion carried 4-0. Planning Commission Minutes February 10, 1986 page si x Chair Weil opened discussion on Resolution No. 2299. RESOLUTION NO. 2299 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL THE REZONING FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/RESIDENTIAL; PLANNED COMMUNITY/COMMERCIAL; PLANNED COMMUNITY/MIXED USE AND PLANNED COMMUNITY/COMMUNITY FACILITIES FOR THE AREA BOUNDED BY THE SANTA ANA FREEWAY (I-5) TO THE SOUTH; EXISTING RESIDENTIAL DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IRVINE TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN (EXHIBIT "A" ATTACHED HERETO). Commissioner Puckett moved, Baker seconded to adopt Resolution No. 2299. Motion carried 4-0. Chair Wetl opened discussion on Resolution No. 2297. RESOLUTION NO. 2297 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION, BY RESOLUTION OF THE COUNCIL, SECTIONS 1.0 AND 2.0 OF THE EAST TUSTIN SPECIFIC PLAN (SPECIFIC PLAN NO. 8) Commissioner Puckett moved, Baker seconded to adopt Resolution No. 2297. Motion carried 4-0. Chair Well opened discussion on Resolution No. 2298. RESOLUTION NO. 2298 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL THE ADOPTION, BY ORDINANCE, OR SECTION 3.0 OF THE EAST TUSTIN SPECIFIC PLAN (SPECIFIC PLAN NO. 8) AND EXHIBIT "C" AS THE LAND USE PLAN. Commissioner Puckett moved, Baker seconded to adopt Resolution No. 2298. Chair Wetl requested amendments the motion to reflect changes to Attachment "A" as fol 1 ows: 7. The word "insured" changed to "issued". 10. Add "except in the case of special events in which case a city permit would be required". 13. Reword to, "The Tustin Unified School District and The Irvine Company shall enter into the necessary agreements to enable the school district to obtain financing for the acquisition, construction and/or use of school facilities necessary to accommodate the students generated by the East Tustin residential development. Final approval of the residential maps shall be contingent upon this agreement or in the absence of such an agreement upon the determination of the City Council." The basic change gives the City Council the final determination in case there is an impasse between the school district and the Company. Her main concern is that the school district has been extremely cooperative to date, but there are 15 years until build out. This development is in the city and the City Council is the final judge for the city on any land use issue in the city of Tustin. Planning Commission Minutes February 10, 1986 page seven 14. In the Specific Plan, Section 3.0, page 3-19. O. Noise Attenuation. Add: ".. · highways or freeways and also under the Browning Corridor .... " Also add, "Prior to any approvals for residential development under the.Brownin9 Corridor an aircraft noise impact study reflectin9 the impacts of single incident events will be completed and forwarded to the Commission." She is specifically looking for further noise attenuation measures under the path of the helicopters Vtnce Mestre, Mestre Greve Associates, noise consultants addressed the methods used in doing noise studies by different agencies and the problems in doing single event noise studies· He suggested the city look at specific single event noise levels over the Browning Corridor and solicit information about what those levels are and how they interfere with speech levels on the interior of the structure. The city could then, with that information, put a condition on the homes in the corridor that the homes be designed to provide a certain amount of attenuation for helicopter noise·He further recommended the city look at known noise levels that interfere with face to face conversation (percent intelligibility)· He suggested the city look at interior noise levels and compare it to how it rates with speech intelligibility. Chair Wetl then decided to delete the condition proposed at the end of the paragraph O. but replace it with wording dealing with noise mitigation measures that would mitigate the helicopter noise. Commission and staff discussion ensued regarding the mechanisms to accomplish mitigation measures for helicopter noise. It was decided that Section 3.0, page 3-19, O. including Chair Wetl's first amendment to tnclude the Browning Corridor covers this issue. It was further decided to delete the addition to the end of paragraph O. Chair Wetl continued with amendments: 15. In the specific plan, Page 3-46, C. Residential Off-Street Parking Requirements. Change the credit for guest on-street parking in categories Medium Low and Medium Low & High Detached from 100~ credit to 50~ credit. 16. In the specific plan, Page 3-46, 3. Multiple Family (apartments). Change the allocation for a two bedroom apartment to have two complete spaces rather than 1.8, plus the .25 guest spaces either covered or uncovered. Monlca Florian commented on three of the items: School Agreement: The Company has negotiated and discussed the MOU in good faith with the district. Obviously, the agreement doesn't bind the city. Since all the parties are acting in good faith they will continue to work with the district and find a solution that meets all the needs put on the table. Noise Attenuation: If the proposed change is passed, the Company could address the issue and resolve it. Parking: The Company has some concern in raising the standard and supported the existing recommendations in the plan. Planning Commission Minutes February 10, 1986 page eight Commissioner Puckett supported the parking plans as they stand. Commissioner McCarthy questioned how this would affect what has been changed already in Phase II and the credit for off-street parking. Don Lamm explained that in the first residential 1.8 was the standard applied to the residential area for the apartments along the Auto Center/Jamboree Road - 2.0 for the condominiums and townhome units. The guest parking requirement of .25 space per unit is the same. The Commission raised the off-street parking for the Medium Low area as a concern. The Bren Company site plans submitted allocate at least every other house to have a driveway with parking on it which is equivalent to about 50%. Chair Well clarified that Page 31 of the Phase II Residential has slightly different wording, "no more than 50% driveways". Commissioner Puckett has not seen a parking problem in the Irvtne Company projects; opposed to 2.0 spaces, agreed with 50%. Chair Wetl moved, McCarthy seconded to approve and amend Resolution No. 2298 as outlined above excluding the 2.0 parking spaces for two bedroom units. Motion carried 4-0. Chair Well moved, McCarthy seconded to change the parking allocation for the two bedroom apartment to 2.0 spaces per unit rather than 1.8 space per unit. Motion carried 3-1, Puckett opposed. Chair Wetl moved, McCarthy seconded, to approve Resolution No. 2298 with amendments. Motion carried 4-0. Chair Wetl recessed the meeting at 9:12 p.m. Convened the meeting at 9:30 p.m. PUBLIC HEARINGS 3. USE PERMIT 86-1 Applicant: Loca ti on: Request: Thomas Caudtll 17361 Norwood Park Place Authorization to retain an unauthorized installation of a ten {10) foot diameter satellite dish antenna. Presentation: Donald D. Lamm, Director of Community Development Chair Wetl opened the public hearing at 9:32 p.m. Seeing no one wishing to speak, she closed the hearing at 9:32 p.m. McCarthy moved, Baker seconded to receive and file. Motion carried 4-0. Planntng Commission Mtnutes February [0, [986 page nt ne 4. USE PERMIT 86-2 Applicant: Location: Request: Setsuko Takayagt 14460 Newport Avenue, Suite F Authorization to obtain an on-site liquor license in conjunction with a restaurant. Presentation: Jeff Davis, Associate Planner Chair Wetl opened the public hearing at 9:35 p.m. Seeing no one wishing to speak, she closed the hearing at 9:35 p.m. Puckett moved, Baker seconded to approve Use Permit 86-2 by the adoption of Resolution No. 2301. Motion carried 4-0. 5. USE PERMIT 86-5 AND VARIANCE 86-1 Applicant: Location: Request: Lincoln Properties southerly terminus of Newport Avenue. Authorization to develop 160 multi-family residential rental units and a request to vary with the required amount of parking spaces to reduce the number of guest spaces. Presentation: Mary Ann Chamberlain, Associate Planner Chair Well opened the public hearing at 9:42 p.m. The following people spoke: John Withers, Lincoln Property Company, made himself available for questions. Stephen Baker, 14802 Newport #11A, President of Sycamore Gardens Condominiums, requested no variance be granted for the parking due to the already crowded parking condition on Newport Avenue. Don Lamm clarified the parking situation. Right now under present code two spaces per unit times 160 units would be 320 covered assigned spaces for this project for the tenants. Guest parking is one for every four units; 40 guest assigned spaces. Reversing the situation, instead of the variance, the Commission could require the same 40 guest spaces be required and only the studios be limited to one covered assigned space per unit. There are 22 studio units and they are 22 spaces short in asking for the variance. The two bedrooms would have two spaces per unit, the one bedrooms would have one space per unit and it would still have the 40 guest spaces. Seeing no one further wishing to speak, Chair Well closed the hearing at 10:00 p.m. McCarthy moved, Baker seconded to approve Use Permit 86-5 and Variance 86-1 by the adoption of Resolution 2302 with amendments set forth below: 1) The above recommendation by Don Lamm regarding parking shall be included as Condition 22 in the Resolution. 2) Chair Well requested dropping the option of redwood or cedar set forth in Condition 1, leaving only masonry wall for sound attenuation and protection from pollutants from the freeway. It would read, "The development shall be surrounded by a masonry wall." 3) Chair Well also requested adding Condition 23 in the Resolution that the roofing material will be of red concrete tile. Motion carried 4-0. Planntng Commission Mtnutes February 10, 1986 page ten ADIqIMISTRATIVE MATTERS Old Business None. New Business 6. Tentative Tract 11370, Subdivision map for Use Permit 86-5 Presentation: Mary Ann Chamberlain, Associate Planner McCarthy moved, Puckett seconded to approve by the adoption of Resolution 2304. Motion carried 4-0. 7. Request for General Plan Amendment, 6th Street west of "B" Street Presentation: Mary Ann Chamberlain, Associate Planner Puckett moved, McCarthy seconded to direct staff to advertise for a public hearing to include lots in Alternative 1. Motion carried 4-0. STAFF CONCERNS 8. Oral Report on Council actions of February 3, 1986. Presentation: Donald D. Lamm, Director of Community Development COMMISSION CONCERNS Commended staff for their handling of East Tustin. ADJOURNMENT Commissioner McCarthy moved, Baker seconded to adjourn at 10:15 p.m. to their next regularly scheduled meettn9. Motion carried 4-0. ,O0]~N~ ORR, RECOR~DING SECRETARY ~"--- ' CHAIRMAN