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HomeMy WebLinkAbout01 PC Minutes 03-13-12 Item # 1 MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION MARCH 13, 2012 7:00 p.m. CALL TO ORDER Given INVOCATION/PLEDGE OF ALLEGIANCE: Chair Pro Tem Puckett ROLL CALL: Present: Chair Thompson Chair Pro Tem Puckett Commissioners Eckman, Kozak, Moore Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Amy Stonich, Senior Planner Edmelynne Hutter, Associate Planner Suzanne Schwab, Planning Intern Adrianne DiLeva, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR: Approved 1. APPROVAL OF MINUTES – FEBRUARY 28, 2012, PLANNING COMMISSION. RECOMMENDATION: That the Planning Commission approve the minutes of the February 28, 2012, meeting as provided. It was proposed to approve the minutes of February 28, 2012, in two votes, since Commissioner Moore recused himself from item number three. Motion: It was moved by Puckett, seconded by Kozak, to move item number three of the minutes. Motion carried 4-0 with Commissioner Moore abstaining from the vote. Motion: It was then moved by Puckett, seconded by Kozak, to move the remainder of the minutes. Motion carried 5-0. PUBLIC HEARINGS: Adopted Resolution 2. APPEAL OF THE ZONING ADMINISTRATOR’S No. 4193 as amended DECISION TO APPROVE CONDITIONAL USE PERMIT 2011-21 AND DESIGN REVIEW 2011-09 FOR AN ACCESSORY GUEST HOUSE AT 445 WEST MAIN STREET. On January 30, 2012, the City of Tustin Zoning Administrator adopted Zoning Administrator Action 12-002, approving Conditional Use Permit (CUP) 2011-21 and Design Review (DR) 2011-09, authorizing the construction of a single story detached accessory building to be used as a guest house at 445 West Main Street. On February 9, 2012, an appeal of the Zoning Administrator’s decision to approve CUP 2011-21 and DR 2011-09 was filed by the applicant, Omar Karim. The appeal specifically requests the removal of Condition 2.2 of Zoning Administrator Action 12-002, which requires the property owner to execute and record a deed restriction to ensure that no part of the residence or the detached guest quarters is to be used or leased as a second unit. APPLICANT/PROPERTY OWNER: Omar & Lana Karim ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15303 (Class 3) of the California Environmental Quality Act (CEQA). If the Commission directs staff to prepare a resolution of denial, a separate statutory exemption would apply. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4193, approving Conditional Use Permit 2011-21 and Design Review 2011-09, authorizing the construction of a single story detached accessory building to be used as a guest house at 445 West Main Street subject to certain conditions including the requirement to execute and record a deed restriction; or direct staff to prepare a resolution of denial with associated findings. Minutes – Planning Commission March 13, 2012 – Page 2 of 8 Chair Thompson recused himself from the public hearing and left the dais, due to his residence being located within 500 feet from the subject property. Willkom Presented the staff report for the appeal. Moore Asked a question regarding who provides the deed restriction. The public hearing opened at 7:14 p.m. The applicant/property owner, Omar Karim, stepped forward. Mr. Karim clarified to the Planning Commission that he was told City staff would provide samples of deed restrictions for him to follow, but that he would provide the document to the City for approval. He stated he is only opposed to the condition of requiring the execution of a deed restriction. Generally, Mr. Karim’s concerns included: the deed restriction is duplicative, it is unnecessary, and it has a negative impact on the homeowner. The following members of the public stepped forward and generally expressed their support for Mr. Karim’s position, and opposition to the execution of a deed restriction. Pat Madison Jeff Gallagher Ray Bianco The public hearing closed at 7:31 p.m. The Planning Commission reconvened to discuss the item. Kozak Identified five issues that were noted by members of the public to bring forward for discussion. The issues included: 1) the deed restriction is duplicative; 2) there is no statutory requirement for the restriction; 3) the application of the deed restriction is not standardized; 4) alienation of property is a negative impact of the restriction; 5) the restriction could be considered an infringement of property rights. Moore Appreciated the public response to the item. Stated he is in favor of the deed restriction, and that the deed restriction is in place to avoid misrepresentations of the property during future sale, thus preventing law suits. Does not see the duplicative nature of the restriction as an issue. Stated the deed restriction is simply reflective of the property’s intended use, and it does not create an additional negative impact on the owner. Added that this type of Minutes – Planning Commission March 13, 2012 – Page 3 of 8 Moore cont. deed restriction does not represent an unreasonable restraint on alienation of property rights. Would like to see a draft of the deed restriction to ensure that the language is reflective of Resolution No. 4193, the Conditions of Approval, and that no form of compensation should be received or paid in connection with the guest unit. Would like to amend Condition of Approval 2.2 to add the language “rental unit/room” for further clarification. Eckman Is in favor of the deed restriction. Stated he comes from a code enforcement background, and does not want to see a guest unit eventually morph into a rental unit creating negative impacts to the surrounding neighborhood. Agreed with Commissioner Moore’s comments. Puckett Agrees with Commissioner Moore and Eckman’s comments. Stated that for the past 30 years, prior residents adding guest units to their property have agreed to deed restrictions, and does not want to create a precedent with the current issue at hand. Is in favor of approving Resolution No. 4193 as amended by Commissioner Moore. Kozak Stated his fellow Commissioners have responded adequately to his proposed discussion questions, and agrees with their statements. Does not want negative impacts, such as inadequate parking, to occur within this neighborhood if the unit was to be rented. Motion: It was moved by Moore, seconded by Eckman, to adopt Resolution No. 4193 as amended. Motion carried 4-0. It was noted after the motion that the item would go on to City Council if the item is appealed. Omar Karim stepped forward after the motion to re-address the Commission’s comments. Mr. Karim generally stated executed deed restrictions are not consistently being provided to new owners of existing property as a notification tool, and he cited an example in which a neighbor requested documents regarding his property from the City, was not provided with the deed restriction at that time, and is now in a legal battle with his escrow and title company. Mr. Karim added that the Commission’s comments still haven’t addressed why the deed restriction is the best method for accomplishing the goals of notifying future property owners of the guest house’s intended use, or preventing the unit from being illegally rented. Minutes – Planning Commission March 13, 2012 – Page 4 of 8 Commissioner Moore clarified that executed deed restrictions are recorded with the property and should be reflected on a title report. REGULAR BUSINESS: Adopted Resolution 3. RESIDENTIAL DESIGN GUIDELINES FOR THE No. 4192 CULTURAL RESOURCES DISTRICT. At the January 24, 2012, Planning Commission meeting, staff presented an overview of the draft update to the Residential Design Guidelines for the Cultural Resources District. Since that time, the draft document has been made available to the public for review through the City’s website and at the Tustin Library and City Hall. In addition, copies of the document were provided to the Tustin Area Historical Society and Tustin Preservation Conservancy. Notices regarding the public review period were published in the Tustin News on February 9, 2012 and February 16, 2012. The public review period ended on February 21, 2012. As of that date, staff had received comments from three (3) individuals. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the updated Residential Design Guidelines for the Cultural Resources District to the City Council for consideration by adopting Resolution No. 4192. Presented the updated Residential Design Guidelines to the Schwab Planning Commission. Planning Commission discussion generally included thanks to staff, and specifically to Suzanne Schwab, for the work done on this document. Thanked those who contributed to the document, and appreciated being part of the process as well. Motion: It was moved by Thompson, seconded by Puckett, to adopt Resolution No. 4192 and forward the Residential Design Guidelines to City Council for consideration. Motion carried 5-0. Authorized to forward 4. 2011 GENERAL PLAN ANNUAL REPORT AND ANNUAL to City Council MITIGATION MONITORING STATUS REPORT FOR FEIS/EIR FOR MCAS TUSTIN SPECIFIC PLAN. The General Plan annual report is required to be provided to the City Council. Following the City Council’s action, the General Plan annual report will be forwarded to the State Department of Housing and Community Development Minutes – Planning Commission March 13, 2012 – Page 5 of 8 (HCD) and the State Office of Planning and Research. California State Law requires each City to adopt a comprehensive, long-term general plan for its physical development and any land outside its boundaries which bears a relationship to its planning activities. In essence, the City’s general plan serves as the blueprint for future growth and development. As a blueprint for the future, the plan contains policies and programs designed to provide decision makers with a basis for all land use related decisions. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the General Plan Annual Report on the Status of the Tustin General Plan and the Annual Mitigation Monitoring Status Report to the City Council for consideration. Presented the staff report. Hutter Appreciated the information on the Tustin Ranch Road project. Puckett Thanked staff for putting together the report. Stated the document Kozak is reflective of the City working to move projects ahead while remaining in compliance with State Law. Highlighted the adverse impact of the State cutting redevelopment Thompson agencies. Stated it makes it difficult to advance State mandated programs, such as affordable housing and related projects, while on the other hand, the funding for these projects is taken away. Stated staff did an excellent job, and proposed a motion to move Eckman the item. Motion: It was moved by Eckman, seconded by Kozak, to forward the General Plan Annual Report to the City Council for consideration. Motion carried 5-0. STAFF CONCERNS: The Director reported as follows:  Made it known that Suzanne Schwab was the author of the Old Town Dining and Event Guide which has been distributed throughout the City. Stated many compliments have been received on the document;  Stated on March 6, 2012, City Council introduced Ordinance No. 1411 implementing minor text amendments to the Tustin Zoning Code. Will provide the Planning Commission with Minutes – Planning Commission March 13, 2012 – Page 6 of 8 updated Zoning Code documents once it is approved;  Council also set the interviews for Planning Commission and Community Services Commission vacancies at 4:30 p.m. on April 3, 2012;  Council had a second reading and adoption of Ordinance No. 1415 related to the Planning Commission authority on Redevelopment related actions. COMMISSION CONCERNS: Moore  Encouraged everyone to check the City Website for upcoming activities;  Wished the audience could see all the information put together for this evening’s public hearing addressing one small issue. Thanked staff for their work on this item. Kozak  Agreed with Commissioner Moore, and thanked staff for their work on this evening’s items;  Echoed Commissioner Moore’s comment about upcoming activities. Reminded everyone about the upcoming Leprechaun Leap sponsored by the Tustin Community Foundation and Chamber of Commerce;  Congratulated Keila Halili, who was crowned Miss Tustin 2012 last weekend, and noted that she will receive a scholarship for her efforts. Eckman  Thanked staff for putting together this evening’s comprehensive reports. Puckett  Echoed Commissioner Kozak in reminding the audience about the upcoming Leprechaun Leap, stated he will be there at 7:30 a.m. kicking off the event;  Congratulated the Miss. Tustin winner;  Stated his brother in Oklahoma viewed the prior Planning Commission meeting, and the viewing area of the meetings has definitely expanded. Thompson  Attended the Orange County Business Council Infrastructure Committee Meeting where the CEO of OCTA provided an overview of the latest happenings at OCTA;  Thanked staff for all their hard work, and appreciated the time staff spent working in feedback from himself and others on the Residential Design Guidelines;  Reminded the audience about the upcoming Easter Egg Hunt;  Would like to close this evening’s meeting in Honor of Laura nd Phillips who passed away on February 22 after a battle Minutes – Planning Commission March 13, 2012 – Page 7 of 8 Thompson cont. with cancer. She is survived by her husband, Bruce Phillips, who is the Senior Vice President of Pacific Advanced Civil Engineering, and one son, a student at Washington State University. Laura was a banker, and associated with the banking industry for many years. She was also an alumni from the USC Business School. 8:17 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 27, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. Closed in Honor of Laura Phillips. Minutes – Planning Commission March 13, 2012 – Page 8 of 8