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HomeMy WebLinkAboutPC Minutes 06-10-85HINUTES TUSTIN PLANNING COf~ISSION REGULAR I~ETING &UNE 10, 1985 CALL TO ORDER: 7:36 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: White, Well, McCarthy, Puckett PRESENTATIOMS Resolution commending Commissioner James Sharp. PUBLIC CONCERNS: CONSENT CALENDAR: 1. Minutes from Planning Commission meeting May 13, 1985 Chairman White pulled this item from the Consent Calendar for corrections. 2. Resolution No. 222g, Carver Development 3. Resolution No. 2230, Green Valley Puckett moved, Wetl second to approve the remainder of the Consent Calendar. Motion carried 4-0. PUBLIC HEARINGS 4. USE PERMIT 85-11 Applicant: E.W. Rosenberg on behalf of Red Hill Lutheran Church Location: 13200 Redhill Avenue Request: Authorization to install a monument reader sign of 40 square feet Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 7:43 p.m. Seeing no one wishing to speak he closed the hearing at 7:43 p.m. Wetl moved, Puckett second to approve Use Permit 85-11 by the adoption of Resolution No. 2237 with the addition of Condition of Approval No. 3 that the existing sign must be removed. Motion carried 4-0. Planning Commission Minutes June 10, 1985 page two PUBLIC HEARINGS CONTINUED 5. USE PERMIT 85-12 Applicant: Location: Request: Presentation: John Haretakes on behalf of Spires Restaurants, Inc. 13451 Newport Avenue in Larwin Square Shopping Center Authorization to obtain a beer and wine (on-site) license. Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 7:46 p.m. Seeing no one wishing to speak he closed the hearing at 7:46 p.m. Well moved, McCarthy second to approve Use Permit 85-12 by the adoption of Resolution 2243. Motion carried 4-0. 6. USE PERMIT 85-13 Applicant: Location: Request: Mobil Oil Corporation 13872 Redhill Avenue at Laguna Road Authorization to install a mini market in an existing sales area. Presentation: Jeff Davis, Associate Planner Chairman White opened the public hearing at 7:48 p.m. George Hillyard, project applicant, expressed his opposition to the 10 foot dedication required by the engineering department. Frank Greinke, 1011 Laguna Road, supported this project and the applicant's request to waive the 10' dedication. Harry Ericson, enginneer for Mobil Oil, stated their current lease has ten years left and they normally renew their leases for 10 or 20 years. Puckett moved, McCarthy second to approve Use Permit 85-13 by adoption of Resolution No. 2228 and forward to the City Council. Motion carried 3-1, Well opposed. 7. A. ZONE CHANGE NO. 85-6 Applicant: Locati on: Request: City of Tusttn 12821 Newport Avenue To change the zoning designation from (R-3) Multiple Family Residential to the {P&I) Public and Institutional District. Presentation: Ed Knight, Senior Planner Chairman Whited opened the public hearing at 8:03 p.m. Seeing no one wishing to speak he closed the hearing at 8:03 p.m. Puckett moved, Well second to approve Zone Change No. 85-6 by adoption of Resolution 2231. Motion carried 4-0. Planning Commission Minutes June 10, 1985 page three PUBLIC HEARINGS CONTINUED B. ZONE CHANGE NO. 85-7 Applicant: Location: Request: City of Tustln Northeasterly corner of Preble Street and Main Street To change the zoning designation from (R-3) Multiple Family Residential to the (CG) Commercial General District. Presentation: Ed Knight, Senior Planner Chairman White opened the public hearing at 8:04 p.m. Seeing no one wishing to speak he closed the hearing at 8:04 p.m. Puckett moved, McCarthy second to approve Zone Change 85-7 by adoption of Resolution 2232. Motion carried 4-0. C. ZONE CHANGE NO. 85-8 Applicant: Location: Request: City of Tusttn 15352 William Street known as Tustin Village Mobile Home Park To change the zoning designation from (R-4) Suburban Residential to (MHP) Mobile Home Park Presentation: Ed Knight, Senior Planner Chairman White opened the public hearing at 8:04 p.m. Seeing no one wishing to speak he closed the hearing at 8:05 p.m. Puckett moved, Weil second to approve Zone change No. 85-8 by approving Resolution No. 2233. Motion carried 4-0. D. ZONE CHANGE 85-9 Applicant: Location: Request: City of Tustln Properties located at the southerly terminus of Carfax Avenue, westerly of School Lane. To change the zoning designation from Industrial and Planned Industrial to the {P&I) Public and Institutional District Presentation: Ed Knight, Senior Planner Chairman White opened the hearing at 8:05 p.m. Seeing no one wishing to speak he closed the hearing at 8:05 p.m. Puckett moved, Well second to approve Zone Change 85-g by approving Resolution 2234. Motion carried 4-0. Planning Commission Minutes June 10, 1985 page four E. ZONE CHANGE 85-10 Applicant: Location: Request: City of Tusttn 12931 and 1201 Irvlne Boulevard To change the zoning designation from (R-l) Residential to Public and Institutional District Single Family Presentation: Ed Knight, Senior Planner Chairman White opened the public hearing at 8:06 p.m. Seeing no one wishing to speak he closed the hearing at 8:06 p.m. Puckett moved, Well second to approve Zone Change 85-10 by approving Resolution 2235. Motion carried 4-0. F. ZONE CHANGE 85-11 Applicant: Locati on: Request: City of Tusttn Properties located on the south side of Ntsson Road between Redhill Avenue and Browning Avenue for the Trail Way Park To change the zoning designation from (R-2) Duplex Residential to (MHP) Mobile Home Park District. Presentation: Ed Knight, Senior Planner Chairman White opened the public hearing at 8:06 p.m. Seeing no one wishing to speak he closed the hearing at 8:07 p.m. Puckett moved, Well second to approve Zone Change 85-11 by approving Resolution 2236. Motion carried 4-0. 8. EAST TUSTIN PLANNED COMMUNITY/PHASE I RESIDENTIAL Draft EIR 84-3 General Plan Amendment 84-4 Zone Change 85-4 Applicant: Location: Request: Monlca Florian on behalf of The Irvine Company An area bounded by the I-5 freeway, Bryan Avenue, Browning Avenue and the proposed Jamboree Road. To amend the General Plan Land Use designation and property zoning to permit development of a Planned Residential Community consisting of single-family detached, attached and apartment dwelling units adjoining a public park. Presentation: Donald D. Lamm, Director of Community Development Chairman White opened the public hearing at 8:42 p.m. Commissioner McCarthy questioned the zero lot line versus the 5' side set back on each house. With the easement given to the adjoining property owner, can the adjoining property owner build a brick patio or anything else on it. Staff responded that the easement is for surface use only which include landscape purposes and non-permanent structures which would not require a permit. They could surface it with some material that would not violate their CC&Rs. McCarthy further questioned if flood insurance would be required because this is a flood plain area. Staff responded they believe when the project is in place and adequate flood control protection is provided homeowners would not be required by their lenders to have flood control insurance. However, The Irvine Company could better address this. Planning Commission Minutes June 10, 1985 page five Brad Olson, The Irvtne Company, explained that after the public testimony at the last meeting they reviewed what had been proposed and what adjustment in the plan could be done to address the public concerns. Referring to the statistical summary, page three of the May 13, 1985 staff report, he proposed some adjustments to the maximum density per gross acre category for each of the three density classifications shown: Medium/Low density (33 gross acres, orgtnal request 10 units per gross acre) they propose to reduce that maximum density to 8 units per gross acre which would delete 66 detached dwellings; 21% reduction in density for the single-family detached area or the medium low density area. Medium density area (14 units per gross acre) they proposed a reduction of 1 unit per gross acre from 14 to 13. This reduces the total dwelling units from 294 to 273; 21 units a 7% reduction. Apartment area across the street from the auto center (22 units per gross acre) they propose a reduction to 19 units per gross acre bringing total unit count from 594 to 513 or a 14% reduction. The combined total change from the original proposal is a decrease of 168 units approximately 13.8% overall reduction and a decrease in the overall density. He continued to address the development standards with respect to future use permits. He further addressed parking. He referred to the parking study they performed. Their commitment is to park their projects within the boundaries; it is their belief that the parking ratios offered will work based on past experience. They have included a variation in the parking standards for assigned units. With some flexibility with one permanent and one flexible it solves the problem and spreads the parking. Finally, the zero lot line type of development is a good idea. It provides for flexibility and variation in street scene. They would happy to incorporate it. The environmental concerns have been dealt adequately. Flood control and circulation long term improvements are incorporated in the assessment district petition on file with the city. The interim improvements will be provided whether as part of the auto center or residential. They have no interest in creating a project with houses that flood. Also, the circulation improvements planned will provide relief from the congestion. With respect to schools, The Company has initiated a facility financing study. It is their hope that this study will identify how existing closed facilities can be brought back on line and identify future funding sources. They intend to work cooperatively with the district and to find a way to accommodate the students generated from this project. They agree that the request from the District is not within the city's power to compel or the Company's power to deliver but it does not get in their way to work with the District and to accommodate the students added to the area. Clayton Parker, of Parker and Covert representing the Tustin Unified School District, referred to letters previously filed with the city on this project. Addressed his comments solely to the impact on the schools in TUSD and how to assure there will be schools to serve children generated by this project. McCarthy expressed his pleasure with the new densities proposed but still had concerns with parking and thought park acreage should be greater in higher density areas; namely the apartment area. Further Commission discussion ensued concerning park allocation for private parks and recreattn areas in townhome and condominium areas. Planntng Commission Minutes June 10, 1985 page slx In response to Commission questions, staff explained the Planntng Commfsston would have the authority to determine tf the park locatton and configuration ts appropriate; the equipment wtthin the park has to meet a certatn mtntmum level to qualtfy for parkland dedication credttatlon outltned in the parkland dedication ordinance. Ultimately acceptance of a park credit, prtvate or publlc, ts up to the Ctty Counctl upon Commission recommendation. The Count11 makes the ftnal decision as to the dollar credltatton. Whtte questioned how many total unl ts are being proposed. Olson: 1050. Puckett asked for clarification on the planned community zoning regulations, Section 4 Item C ". . whenver the regulations contained herein conflict with the regulations of the city of Tustin zoning code the regulations of the East Tustin Phase I residential planned community district shall take precedence". Staff explained East Tusttn is being processed via a planned community process. The statement referred to is somewhat of a generic one so that if by chance during the authorship of this document, which was somewhat of a joint effort between the Company and city, a particular development standard was missed then we are to use the city's zoning code. But, if the standards are listed in both the city code and the East Tusttn Phase I document, the regulations take precedence. Wetl proposed that anything more than a two bedroom house require an 18' driveway, sufficient for an extra car. A three bedroom house has a very good chance of having a third family car. Her goal is to provide facilities so that family cars can be kept off the street. Staff explained that the present city zoning code which applies to multiple family requires two covered assigned spaces per unit regardless of the number of bedrooms and one guest space which is unassigned and open for every four units. This equates to 2.25 spaces per unit. That applies in all multiple family zones. The Irvine Company proposal is more related to the size of the unit versus a flat standard. The number of spaces is related to the bachelor, one and two bedroom. The bachelor and one bedroom are less than our current standards. They originally sought one space covered and assigned for the bachelor and 1.50 of which one would be covered for the one bedroom. This is less than our original code. We have submitted a compromise proposal; its in the original staff report on page 7. In essence, the parking standards are less than what we presently have in effect for bachelors and one bedroom condominiums and townhomes; less for apartments up to two bedrooms; three bedrooms are the same as our code. Staff further clarified that our present code requires a double car garage per single family home regardless of the size. It also requires a 20' set-back which equates to a 20' driveway. In apartments we presently require the two spaces per unit covered assigned and 1/4 space for every unit. The same ratio for multiple family. Brad Olson interjected that there are several ways to address parking. First, the width of the street to accommodate cars parked on the street. It is not effective to not park on the street with what it costs to build the street. Another alternative is through CC&Rs you can impose a requirement that folks who have two cars must keep those cars in the garage. Often the garage gets used for storage and the driveway for parking. He further commented that with densities of 8 per acre with 18' to 20' set backs what you basically do is trade a driveway for a backyard. Everything is forced back into living area. It becomes a trade off. They are trying to maximize the living area left on the lot. Planning Commission Minutes June 10, 1985 page seven Staff explained that in the event there is no conditional use permit process the Commission would have the design review process for final site plans for placement of the homes, the driveway lengths, the street widths, typical elevations of each of the homes, exterior wall designs along perimeter arterial roads and the landscape set back treatment along interior and exterior streets, and the park plan. It would be "non-discretionary". The Commission would only have the authority to change it within tolerable limits to meet the intent of the code. Commission discussion ensued concerning flooding and the E1Modena channel capacity. The city's position is that since The Irvine Company will pay $36,000,000 to improve the channel from Browning and Bryan to I-5 it is the Orange County Flood Control District's responsibility to improve the channel upstream. Further discussion ensued concerning the school district concerns. The city is in the business of land use control not education, but are cognizant of the district's needs and trying to work with them. There has not been total cooperation between the city and district at this point. Don Lamm asked publicly that the district, city and Irvtne Company get together on this issue to try to resolve it. There is no statutory law for the city to impose fees on the Irvine Company. Wetl moved to adopt Resolution 2223 recommending approval of the Draft EIR 83-3 subject to the mitigation measures, Puckett second. Motion carried 4-0. Puckett moved approval of General Plan Amendment 84-4 by adopting Resolution 2224, Wetl second. Motion carried 4-0. McCarthy moved approval of Zone Change 85-4 to allow the counter proposal on the density by The Irvine Company of 8 units for medium low, 13 for medium density and 19 for medium high density. Well seconded for discussion. Commission discussion ensued concerning parking standards and the possibility of considering them separate from the zone change. Well continued with one minor change to the PC regs, under B.3.(f) (animals prohibited from the properties) would like to include poultry be prohibited. Olson stated that The Irvine Company is agreeable to two covered parking spaces for the multi family for sale two bedroom units. Further Commission discussion ensued concerning parking for four bedroom units. White restated the motion again. Moved and seconded that the zone change be approved with the new unit limit; with the parking ratio as amended for 2.0 covered and addition of a 4 bedroom unit; and, prohibiting poultry. Motion carried 4-0. Planning Commission Minutes June 10, 1985 page eight 9. TENTATIVE TRACT MAP NO. 12345 Applicant: Locati on: Request: Monica Florian on behalf of The Irvine Company An area bounded by the I-5 freeway, Bryan Avenue, Browning Avenue and the proposed Jamboree Road. To subdivide approximately 107 acres of land providing for development of specific land uses pursuant to the Phase I Planned Community zoning regulations. Presentation: Donald D. Lamm, Director of Community Development Chairman White opened the public hearing at 10:00 p.m. Brad Olson, The Irvine Company, referred to the June lOth staff report. He questioned item 6, existing condition 20, proposed language ".. reservation or dedication as determined by the city engineer of adequate right-of-way for future Interstate 5 .... " The Company proposed" . . reservation for future acquisition of adequate right-of-way .... " Dedication implies a gift. He thought how the acquisition of the right-of-way takes place is between The Company and Caltrans. Clayton Parker, TUSD, expressed the same concerns as with the Phase I. They do not think the map should be recorded until the district certifies that adequate school facilities are available or the developer has provided mitigation as requested by the school district in its letter addressed to the city dated March 21, 1985. Carol Taylor, 13532 Farmtngton, asked Mr. Parker when Utt school would be reopened. Mr. Parker responded that one of the requests of mitigation is to open Utt school. The District does not have the funds to reopen. Staff addressed Mr. Olson's concern with item 6. the land; dedication means they do not have to. Engineer had the option in working with Caltrans. Reservation means Caltrans pays for We worded the condition so the City Seeing no one further wish to speak, Chairman White closed the hearing at 10:10 p.m. White moved approval of Tentative Map 12345, Puckett second. McCarthy amended that no grading or berming in the Phase I area be allowed until the E1 Modena Channel is complete. Well seconded the amendment. Well moved to amend item 6 to read "reservation". McCarthy second. Discussion ensued concerning increased flooding potential during construction of the auto center and the Company request that the berm improvement be at the discretion of the City Engineer. Well withdrew her second to the motion. White moved, Puckett second to approve Tentative Map 12345 with the density reflecting that in the Planned Community Zone Regulations, Puckett second. Motion carried 4-0. First amendment: Well moved, Puckett second to require a storm drain phasing plan shall be processed through the City Engineer and approved by him to show that the construction of this project shall not in any way make the flooding situation worse before it gets better on Browning Avenue. Motion carried 3-1. Second amendment: amend condition 19 to delete the word "dedication" and replace it with "reservation". Motion carried 4-0. Planntng Commission Minutes June 10, 1985 page nt ne 10. VARIANCE 85-3 Applicant: Location: Request: James Needham on behalf of Basic Shelter, Inc. 510 S. "C" Street Authorization to vary from the requirements for the width of the lot and the size of garages in the multi-family residential (R-3) zone Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 10:35 p.m. James Needham, applicant, made himself available for questions. White closed the hearing at 10:38 p.m. Puckett moved, McCarthy second to approve Variance 85-3 by approving Resolution 2242. Motion carried 4-0. 11. YORBA STREET STUDY Ae GENERAL PLAN AMENDMENT NO. 85-1 ZONE CHANGE 85-5 SPECIFIC PLAN NO. 9 Applicant: Locati on: Request: City of Tustin Certain properties located on Yorba Street between First Street and Irvine Boulevard. To amend the General Plan designations, zoning designations and to create a specific plan establishing development guidelines Presentation: Jeff Davis, Associate Planner Chairman White opened the public hearing at 10:46 p.m. Seeing no one wishing to speak he closed the hearing at 10:46 p.m. Well moved, Puckett second to approve General Plan Amendment No. 85-1. Motion carried 4-0. Puckett moved, Well second to approve Zone Change 85-5. Motion carried 4-0. Puckett moved, Well second to approve Specific Plan No. 9. Motion carried 4-0. 12. SOUTH/CENTRAL COMMUNITY REDEVELOPMENT DEIR AND PROJECT PLAN Review and consideration of a Draft Environmental Impact Report {EIR 85-1) for the proposed amendment to the South/Central Redevelopment Project. The subject properties are located in the territory bounded by Edinger, Redhill Avenue, Valencia, and the Costa Mesa {SR-55) Freeway. Copies of the Draft EIR are available for inspection at the Community Development Department in Tustin City Hall and the Tusttn Branch of the Orange County Library. Presentation: Dr. R. Kenneth Fleagle, Consultant Chairman White opened the public hearing at 11:00 p.m. Seeing no one wishing to speak he closed the hearing at 11:00 p.m. Well moved, McCarthy second to approve by adopting Resolution 2241. Motion carried 4-0. Puckett moved, Well second to authorize by Minute Order a response to the City of Santa Aha. Planntng Commission Minutes June 10, 1985 page ten ADMIIiISll~ATIVE #A'II'ERS Old Business 13. Final Parcel Map No. 84-1032 Presentation: Donald D. Lamm, Director of Community Development Well moved, Puckett second to approve staff recommendation. Motion carried 4-0. New Business 14. La Mancha Master Sign Plan Revision Presentation: Jeff Davis, Associate Planner Well moved, McCarthy second to approve staff recommendation. Motion carried 4-0. 15. Vacation of Moulton Parkway Presentation: Mary Ann Chamberlain, Associate Planner and Dale Wick, Assistant City Engineer Well moved, McCarthy second to approve staff recommendation. Motion carried 4-0. 16. Extension of Use Permit 84-11, Union Oil Co., 17280 E. 17th Street Presentation: Mary Ann Chamberlain, Associate Planner Well moved, McCarthy second to approve staff recommendation. 4-0. STAFF CONCERNS 17. Review of City Council action May 20, 1985 and June 3, 1985 Presentation: Donald D. Lamm, Director of Community Development COI41qISSION CONCERNS Chairman White requested staff report to the Commission on the proper procedure for multiple motions (Robert's Rules of Order). ADdOURIOIE#T OOI~NA ORR, Recordtng Secretary Adjourned at 11:35 p.m. to the next regularly scheduled Planning Commission. RONALD H. WHITE, Chairman