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HomeMy WebLinkAboutPC Minutes 03-25-027:02 p.m. Given Sworn in by the Director Hamilton absent Staff present Approved Adopted Resolution No. 3826 7:05 p.m. West Davert Denny West MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING MARCH 25, 2002 CALL TO ORDER PLEDGE OF ALLEGIANCE Seating of Commissioner Jennings. ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Deputy City Attorney Karen Peterson, Senior Planner Matt West, Assistant Planner Boise Harris, Recording Secretary PUBLIC CONCERNS - None CONSENT CALENDAR 2. Minutes of March 11,2002, Planning Commission meeting. It was moved by Kozak, seconded by Jennings, to approve the Consent Calendar. Motion carried 4-0. PUBLIC HEARING: VARIANCE 02-001 A REQUEST TO CONSTRUCT A SlX (6) FOOT HIGH BLOCK WALL AND THREE (3) - SIX (6) FOOT, SIX (6) INCH PILASTERS WITHIN A PORTION OF THE FRONT YARD SETBACK, EXCEEDING THE MAXIMUM ALLOWED HEIGHT OF THREE (3) FEET. THIS PROJECT IS LOCATED AT 10905 SlLVERADO TERRACE IN THE ESTATE DENSITY - SINGLE FAMILY DETACHED (E-SFD), EAST TUSTIN SPECIFIC PLAN ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3826 approving Variance 02-001. The Public Hearing opened. Presented the staff report. Noted there is a proposal to install landscaping but no condition; and, suggested the Commission might want to consider adding a condition since there will be so much wall and landscaping might soften the impact. Asked if a swimming pool is planned behind the fence. Answered that no pool is planned at this time. Minutes - Planning Commission March 25, 2002 - Page 1 Peterson Tom Bennett, currently contracting for the home next door Peterson Davert Matt Wheelwright, Standard Pacific Homes Jennings Mr. Wheelwright Kozak Mr. Wheelwright Kozak Mr. Wheelwright Denny West Denny Davert Director Mr. Wheelwright Denny Mr. Wheelwright Added that the height of the wall would allow the applicant to install a pool; indicated that landscaping is required to be installed within the front yard setback within six months; this a tract condition and is included in the CC&Rs. Stated he has no problem with the wall but asked that he be allowed to come to the Planning Commission to request the same backyard wall in the future to keep out animals that might get through a tubular fence. Stated Mr. Bennett would be allowed to install a block wall; the maximum height along the perimeter of the tract would be 7~ feet. Added that installing such a wall would require a building permit. Stated the shape of this piece of property makes design difficult; landscaping, as provided in the CC&Rs, will be added within the six-month timeframe after close of escrow. Asked what the rectangular space on the left-hand side of the drive is. Stated that will be a single-car garage; the house is currently under construction; as currently presented, there is nothing in that space. Asked if the wall will be coated with a stucco application. Indicated the proposal is a mortar wash that will be painted to match the other yard walls within the project. Asked if Mr. Wheelwright was referring to the slump block, heavily sacked terminology. Answered in the affirmative. Asked if adjoining homeowners are notified of projects such as this. Responded that, since the tract map has not been recorded, residents within 300 feet around the entire project received notice. Asked if that included people who are in escrow. Noted that, due to the unusual configuration of this property, there is no property except Mr. Bennett's affected by this project. Indicated that Standard Pacific should provide disclosure to any residents potentially affected. Referred to the site map concerning the appearance of other projects in the area. Asked if a pool is planned for the yard behind the wall. Responded that a pool has not been discussed or approved, and Standard Pacific is aware any future pool would require permits from the City. Minutes - Planning Commission March 25, 2002 - Page 2 Davert Asked staff if the Planning Commission is a party to the CC&Rs with the right to enforce the landscaping. Peterson Davert 7:16 p.m. Received and filed the report with a recommendation that the City Council support fee waivers in the Old Town Tustin area Director Jennings Director Denny Director Kozak Director Kozak Director Kozak Answered in the affirmative. Stated that he is satisfied there is no reason for an additional landscaping condition. The Public Hearing closed. Jennings moved, Denny seconded, to adopt Resolution No. 3826. Motion carried 4-0. REGULAR BUSINESS 4. OLD TOWN NON-RESIDENTIAL FEE WAIVER POLICY. RECOMMENDATION: That the Planning Commission receive and file this report. Presented the staff report. Asked if the Interim Ordinance regarding first-floor retail uses in Old Town is still in effect. Responded that this restriction is still effective as an Interim Ordinance; staff will be bringing a permanent ordinance before the Planning Commission in April to become effective by June 2002; the Planning Commission will make a recommendation to the City Council; the ordinance will require two readings before becoming effective. Inquired about the fees for new development referred to in the report. Responded that those fees are applied to large redevelopment projects in Old Town. Asked if the prerequisites referred to in the report (compliance with the Zoning Code, General Plan, etc.) before a project would be eligible will be articulated in the Resolution. Answered in the affirmative; and, added the fees referred to by Commissioner Denny relate to a new development tax which will be clarified in the exemption. Stated that, since the Planning Commission wishes to foster development in Old Town, the Commission might want to further recommend that the Council adopt the resolution. Indicated the Planning Commission could make such a recommendation; however, the Council is the deciding body in budgeting matters; staff can include the Commission's recommendation to support the fee waiver in the report to the City Council. Stated, since this is a sensitive area, it might be a good idea to send a message to future developers that both the Commission and the Council support incentives for development in Old Town. Minutes - Planning Commission March 25, 2002 - Page 3 Davert Director Jennings Jennings Peterson Jennings Davert Peterson Jennings Director Jennings Agreed that Commissioner Kozak makes a good point; and, suggested that the Commission could receive and file the report, noting that the Planning Commission's consensus was to support the fee waiver resolution. Kozak moved to receive and file with a recommendation that the City Council support incentives in the Old Town Tustin area, seconded by Jennings. Motion carried 4-0. STAFF CONCERNS Report of Actions taken at the March 18, 2002, City Council meeting. Reported the City Council approved the Pioneer Road Park; stated that project will be moving forward; and, asked if the Commissioners would like a copy of the site plan. Noted that the Business License Ordinance will be brought before the Planning Commission either the first or second meeting in April; stated the Ordinance has been entirely revamped to be consistent with State law; stated it is being proposed that the Planning Commission will be the hearing body for appeals of business licenses, massage permits, etc.; and, suggested the proposed Ordinance may require extra time to review since it is a lengthy document. COMMISSION CONCERNS Stated that, since she was absent from the last meeting, she wanted to take the opportunity to welcome Commissioner Denny and to thank Leslie Pontious for serving as a mentor and for her outstanding service to the City. Stated she received a telephone call from someone in Old Town who is working with someone from another Orange County city that has an historic district; indicated this person asked about the CLG, how it works, and what the Committee does; stated this person said that the other city and the people involved are envious of the care the Tustin staff takes to protect and preserve Old Town Tustin; and, thanked staff for their commitment. Asked for the location of the new Starbucks driveways. Answered there are two driveways on El Camino Real. Stated there is a banner on the former Wells Fargo monument sign in Larwin Square; and, asked if the Philly Cheesesteak business is going into that building. Added this banner advertising the existing Philly Cheesesteak next to Rite Aid is at the Bryan entrance to Larwin Square. Stated that staff will follow up. Asked if the second phase of the Historical Survey has been assigned. Answered the contract has been awarded to the same consultant who did the first phase. Asked if the buildings will be rated. Minutes - Planning Commission March 25, 2002 - Page 4 Director Answered in the affirmative. Denny Noted he was pleased to meet Commissioner Jennings. Commended staff for tonight's report, adding it is helpful to someone new when reports are thorough and complete and staff is prepared to answer questions. Stated his appreciation for the Commission's indulgence in his questions. Kozak Noted there is graffiti on a light standard and wall on Warren Avenue near Holt. Asked staff about regulating cybercafes in Tustin. Director Indicated that staff is involved in gathering information from other cities and preparing an ordinance that will be brought before the Planning Commission as an ordinance amendment, asking that the Commission make a recommendation to the City Council. Peterson Added that cybercafe uses are not listed in the Tustin Code, and prospective applicants are being told such uses will require a zone change. Kozak Thanked staff and wished everyone a Happy Easter. Davert Stated there is a business on First Street called Big Brothers Moving Company; a large banner has been hanging on the building for some time; large trucks are often parked up and down the street; suggested there is an ordinance regulating this sort of practice; and, asked if the City could be more aggressive in citing these people. Indicated Yorba has been hit by graffiti three times recently. Director Responded that the Tustin Police Department and the City's graffiti contractor have been addressing this problem; and, stated that on one occasion the graffiti went back up the same afternoon the contractor painted in the morning. Davert Reminded everyone that the Spring Egg Hunt is this Saturday at the Sports Park. Wished everyone a Happy Easter. 7:35 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, April 8, 2002, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Dou'~I&ss S,/ D!~/ert ' ChairpersoCr EliZabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission March 25, 2002 - Page 5