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